Ryan Hayward  //  7/31/17  //  Topic Update

President Trump targeted special counsel Robert Mueller’s investigation for criticism (WaPo, NYT).

• Firing Rober Mueller or pardoning members of the Trump executive team would backfire, argues Jed Shugerman at Take Care.
• When will Trump fire Special Counsel Robert Mueller?, asks David Graham at the Atlantic.
• There are three major ways a firing could happen, writes Steve Vladeck at ACS Blog.
• The White House’s threats to Mueller are “a systematic push-back” on the investigation, write Jane Chong, Quinta Jurecic, and Benjamin Wittes at Lawfare.
• Trump doesn’t want Mueller looking into his finances (The Hill).
• The President needs to “step back” and stop criticizing the investigation, admonishes Sen. Susan Collins, R-Maine at Face the Nation.
• Several experts discuss whether Trump’s attacks could be legitimate or successful — and whether a firing would be bigger than Watergate (Politico).
• Shutting down the investigation won’t work long-term, writes John Dean at Verdict.
• Trump’s firing Mueller wouldn’t necessarily lead to a constitutional crisis — unless Congress refuses to respond, writes Keith Whittington at Lawfare.
• A Clinton-era legal memo says yes, the president can be indicted (NYT).

President Trump reportedly asked advisers about pardoning his aides, his family — and himself (WaPo).

• Pardoning himself might not – and should not – work, argues Brian Kalt at Take Care.
• President Trump tweets that he has “complete power” to pardon (NYT).
• A president’s decision to pardon himself may be a crime, write Daniel Hemel and Eric Posner in the New York Times.
• The president can’t pardon himself, write Laurence Tribe, Richard Painter, and Norman Eisen in the Washington Post.
• Yes he can, writes Jonathan Turley in the Washington Post — or it is at least an open question, as he writes on his blog.
• Fifteen legal experts offer their opinion on whether a self-pardon is constitutional (Vox).
• Pardons have brought about constitutional crises throughout history; so President Trump should be considering not whether he can self-pardon, but what the consequences of employing that power would be, argues Bernadette Meyler at Take Care
• Whether the president has the power to self-pardon is not clear; however, misuse of the pardon power can lead to impeachment, writes Gene Healy at Cato @ Liberty.

Discussion of Congress' impeachment power and the 25th Amendment continues.

• If impeachment is a tool never used, Congress might find that some who hold office an office of trust under the United States are emboldened to behave badly, writes Keith Whittington at Lawfare.
• Congress’ impeachment power is just as absolute as President Trump has suggested the pardon power is, argues Michael Stokes Paulsen (National Review).
• At Lawfare, Keith E. Whittington provides an overview of the possible downsides of failing to impeach a president, in the face of impeachable offenses.
• President Trump is so “clearly impaired” that his behavior might justify removal under the 25th Amendment, argues Ross Douthat (NYT).

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