President Trump is making noises again about withdrawing the United States from the North Atlantic Treaty, which established NATO. Last week the House of Representatives voted 357-22 in support of the NATO Support Act. The bill does three things.
Latest in Executive Power
There are ... incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be included the power to perform them, without any obstruction or impediment whatsoever. The President cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office ...
Joseph Story, Commentaries on the Constitution of the United States, § 1563 (1833)
The President Is Still Subject to Generally Applicable Criminal Laws: A Response to Barr and Goldsmith
In an op-ed in the New York Times and a post on Lawfare, we criticized President Trump’s nominee to be the next attorney general, William Barr, for a memo he sent to Trump administration officials last June arguing that Special Counsel Robert Muell
Daniel Hemel and Eric Posner have harshly criticized William Barr’s memo on Special Counsel Robert Mueller’s obstruction of justice theory.
In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W.
In a recent opinion piece, I argued that the text and structure of the Constitution, a serious commitment to the rule of law, and plain good sense combine to preclude a rigid policy of “delaying any indictment of a president for crimes committed in winning the presidency.” When a scholar I admire as much as Philip Bobbitt strongly disagrees and argues otherwise
Is Whitaker’s appointment constitutional? Does the president have authority in this case to make an appointment under the FVRA? Does Whitaker have any recusal obligations related to the special counsel’s investigation?
Jeff Sessions’s Firing, Matthew Whitaker’s Rise and the Attorney General’s Role In the Mueller Investigation
The acting attorney general’s past statements about the Russia probe raise genuine concerns about his service overseeing it.
On September 25, 1794, President George Washington proclaimed that that he was sending state militia forces to subdue what was dubbed the “Whiskey Rebellion.” The following week, Washington became the first and only sitting president to command forces in the field. The episode included some other important firsts—and even though few shots were ultimately fired, it highlights some significant and peculiar ways in which law controlled military power in the early republic.
A few weeks ago Bob Bauer and I flagged an exchange we had on the topic of presidential lawyering in time of crisis. Here is his main article and here is my response.