Derek Reinbold // 12/24/17 //
Following the logic and example of Clinton v. Jones, sitting presidents should also be subject to suit in state courts, argues Richard Primus on Take Care.
If President Trump decides to fire Special Counsel Robert Mueller, it might result in impeachment, writes Bob Bauer at Lawfare.
Sarah Vowell has offered a guide to the history of presidential incapacity (NYT).
The president can be charged with obstruction of justice even for performance of an official act if it was done corruptly, writes Peter Shane for Washington Monthly.
Firing James Comey was within President Trump’s power, and impeachment for obstruction of justice based on Comey’s firing would be an overreach of Congressional power, writes Josh Blackman for Lawfare.
House Democrats will factor in who best would potentially lead impeachment proceedings when deciding who should fill the vacant Democratic spot on the House Judiciary Committee (NYT, Politico).
Reps. Zoe Lofgren and Jerry Nadler are competing for the ranking member role on the House Judiciary Committee, which would become important if the Democrats win the House (Politico).
Senator-Elect Doug Jones refused to call for President Trump to step down over sexual harassment allegations (Politico).