Trump’s Foreign Emoluments: Another Fig Leaf Falls Away
Trump's widely-touted plan to comply with the Foreign Emoluments Clause has always been inadequate and riddled with tough questions. Now we have answers to some of those questions—and they confirm that Trump's hotel-related violations will persist unabated.
Why Trump's Motives Do (And Don't) Matter — The Comey/Flynn Incident
While inquiries into motive need not control legal analysis of Trump's recent conduct, such questions will inevitably shape public (and legal) understanding in profound ways. Sadly, that means we're all about to voyage still deeper into Trump's psyche. This may be a path to madness, but there is no other way forward.
New Hotel-Owner Plaintiff in CREW Emolument Lawsuit
Yesterday, CREW again amended its complaint alleging that President Trump has violated the Domestic and Foreign Emoluments Clauses of the U.S. Constitution. Notably, CREW added another plaintiff: Eric Goode, the owner of several famous hotels, restaurants, bars and event spaces in New York.
Why Firing Comey Guts DOJ's Main Defense of the Muslim Ban
Sometimes, when an emissary of the President asks courts to “trust us,” things the President does elsewhere can fatally undermine judicial confidence in the President’s respect for rule of law values. We’ve seen it before and we’re about to see it again.
Daily Update | May 8, 2017
Today, the Fourth Circuit hears oral argument on the revised travel ban. Analysis continues of President Trump's religious liberty executive order. Conduct by the Kushner family has raised new questions about conflicts within the Trump Administration. The American Health Care Act now moves to the Senate. Amid questions about the future of U.S. climate and environmental policy, EPA Chief Scott Pruitt has recused himself from key lawsuits challenging Obama-era rules against his agency.
Travel Ban Misconceptions II: Animus & Non-Citizen/Foreign Muslims
The Muslim Ban targets Muslims everywhere. The notion that it reflects, at most, animus toward foreign (or non-citizen) Muslims doesn't withstand scrutiny. There can be no doubt that it inflicts severe and continuing injury on the American Muslim Community.
Misconceptions Part I: Trump, Muslims, and the Travel Ban
Misperceptions of the Muslim Ban case abound. One of them is that Trump's animus is evidenced only by his campaign promise to ban Muslims from America. That promise, we demonstrate, must be situated in the context of Trump's sustained and wide-ranging crusade against the American Muslim community.
Loyalty and Disloyalty in Trump’s America
The ugly history of loyalty oaths lies along a road on which Trump's "Loyalty Day" proclamation takes a frightening first step, one wrapped in a false version of the American flag.
The Rule of Law Means Little If The President’s Word Means Nothing
In a new op-ed, I emphasize the importance of taking President Trump at his word–even as efforts to save his executive orders from his tweets inevitably push Trump's defenders to come up with new and creative reasons for ignoring Trump's public statements.