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

President Trump targeted special counsel Robert Mueller’s investigation for criticism (WaPoNYT).

  • 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).

Updates | The Week of February 5, 2018

2/11/18  //  Daily Update

The Nunes memo set off aftershocks; agencies scrambled to implement the Trump Administration's policies to mixed effect; and Congress passes a budget after a brief overnight shutdown.

Updates | The Week of January 15, 2018

1/21/18  //  Daily Update

The week began with Martin Luther King Jr. Day and ended with a government shutdown on the anniversary of President Trump's inauguration.

Jacob Miller

Harvard Law School

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

The White House struggles to quell questions about President Trump's mental fitness.