Can Congress Call A Special Election if Trump and Pence Are Impeached?

9/11/17  //  In-Depth Analysis

Congress has the legal authority to remove the President and Vice-President and to call a special election to replace them. But the odds that it would ever do so are vanishingly small.

Richard Primus

University of Michigan Law School

The Self-Pardon Question: What Comes Next?

7/27/17  //  Commentary

By Jeffrey Crouch: Might Congress amend the Constitution to take the self-pardon question off the table permanently?

Take Care

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

The One Question Worth Asking

7/25/17  //  Commentary

Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.

Daniel Hemel

University of Chicago Law School

Trump, Pardons, and Guilt

7/25/17  //  In-Depth Analysis

By Mark Osler: Pardons by Trump would be a significant departure from what the pardon power has meant. Clemency is for the guilty, not the innocent.

Take Care

Undemocratic Pardoning

7/24/17  //  In-Depth Analysis

By Bernadette Meyler: History teaches that Trump should not be considering whether he possesses the power to pardon himself but rather what the consequences of employing that power would be.

Take Care

Russia and 'Enemies' under the Treason Clause

7/24/17  //  In-Depth Analysis

By Carlton Larson: If we use “treason” in a loose, rhetorical sense, it is plausible to claim that Trump, Jr., Kushner, Manafort and others committed treason by knowingly meeting with a Russian operative for the purpose of obtaining dirt on Hillary Clinton. But the argument fails as a legal matter.

Take Care

Can the President Pardon Himself? Well, He Can Try.

7/21/17  //  Commentary

By Brian Kalt: Presidential pardons are an important part of our constitutional system of powers, checks, and balances. A self-pardon would test several others parts of that system. As interesting as that might be, here’s hoping that it never happens.

Take Care

What if Trump Fires Mueller or Starts Mass Pardons? It Would Backfire.

7/21/17  //  Commentary

There are more and more signals that Trump is exploring firing Mueller and pardoning anyone and everyone in his circle. So what would happen next? Those moves would backfire spectacularly.

Jed Shugerman

Fordham Law School

The Attacks on Mueller’s Investigation are Desperate, Baseless, and Unprecedented

7/13/17  //  Commentary

The President’s minions have been laying the groundwork for Mueller’s dismissal. But their attacks are ill-founded.

David Sklansky

Stanford Law School

Why Impeachment Must Remain A Priority

5/23/17  //  Commentary

The appointment of Special Counsel Robert Mueller must not lead progressives to put the thought of impeaching President Trump on a back-burner.

Laurence H. Tribe

Harvard Law School

President Trump Shouldn't Be Impeached If He Hasn't Committed a Crime

5/22/17  //  Commentary

It would be a grave mistake to call for President Trump's impeachment if he hasn't committed a crime. In an era of tit-for-tat partisanship, lowering the impeachment standard to “anything Congress thinks is wrong” is a recipe for dysfunctional government, one in which the House of one party could perpetually threaten to impeach the White House of another.

Nikolas Bowie

Harvard Law School

The Road to United States v. Trump is Paved with Prosecutorial Discretion

5/21/17  //  In-Depth Analysis

Should former FBI Director Robert Mueller decide to bring criminal charges against President Trump for obstruction of justice, he would be acting well within the law, the norms of the profession, and the reasonable bounds of the discretion with which he has been entrusted.

Andrew Crespo

Harvard Law School

Rights, Powers, Duties, and Responsibilities: A Comment on the Language of Presidential Compliance with the Law

5/18/17  //  Commentary

No, the President cannot act for any reason. If President Trump fired Comey in an attempt to obstruct an investigation into the Russian connection, that too would constitute an impeachable offense and a federal crime.

Ira C. Lupu

George Washington University Law School

Versus Trump Podcast: Prosecuting Trump FAQ + James Williams

5/17/17  //  Commentary

On today's two-part episode of Versus Trump, Take Care's podcast, we answer three burning questions related to whether the sitting President can face criminal charges, and how that prosecution could be started. We also have an interview with James Williams, the County Counsel for Santa Clara County, where he discusses his County's lawsuit against Trump Administration that has so far successfully prevented the Trump Administration from enforcing an executive order that would have withdrawn federal funding from so-called sanctuary cities.

Charlie Gerstein

Civil Rights Corps