Impeachment

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In this screengrab taken from a Senate Television webcast, Sen. Mitt Romney (R-UT) talks about how his faith guided his deliberations on the articles of impeachment during impeachment proceedings against U.S. President Donald Trump in the Senate at the U.S. Capitol on February 5, 2020 in Washington, DC.

Reading Between the Votes: 53 Senators Say Trump Guilty on the Facts

"Remember this: A bipartisan majority found that the factual allegations for Trump’s impeachment were proven."
Mitch McConnell on Senate Floor

The Most Serious Obstruction of All: The Vote to Block Witnesses and the Public’s Right to Know

What makes the Republican leadership’s actions particularly galling is that they wrapped their rush to acquittal in the cloak of “letting American voters decide.” That was…
Senate Majority Leader Mitch McConnell (R-KY) arrives at the U.S. Capitol on January 22, 2020 in Washington, DC.

Republican Senators’ Short-Sighted Justifications for Acquitting Trump

Why Senator Ted Cruz's approach, rather than Lamar Alexander's, creates vulnerabilities for the White House and Republican Senators down the line.
Trump and Bolton

John Bolton’s Silence — Here’s how he could lawfully break it

"If he wanted to, Bolton could this afternoon ..."
Bolton and Trump

Explainer: Prepublication Review and How it Applies to Bolton

An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
Pat Cipollone, White House counsel, waits for an elevator as he arrives at the U.S. Capitol on January 22, 2020 in Washington, DC.

The Ukrainian “Drug Deal” and All the President’s Lawyers

Lawyers in the Trump administration appear to be acting more like operatives helping to facilitate an illegal scheme, rather than lawyers with an obligation to end it.
Trump and Bolton

Why the White House May Not Dare Fight on Executive Privilege

"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
Trump

Political Self-Interest and the Impeachable Offense: A Reply to Professor Bobbitt

Former White House Counsel Bob Bauer: "The case for an abuse of power may be clinched by the finding of a serious violation of law. It does not depend on it."
Senate Majority Leader Mitch McConnell (R-KY) leaves the Senate floor at the conclusion of the third day of the Senate impeachment trial of President Donald Trump on January 23, 2020 in Washington, DC.

There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay

Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.
Story Dershowitz

Justice Joseph Story on “High Crimes and Misdemeanors”—The Antithesis to Dershowitz

Ambassador David Scheffer compares what one of the greatest American jurists said about the Impeachment Clause to what Professor Dershowitz claims.
Trump (C) leaves with Chief of Staff John Kelly (L) and National Security Advisor John Bolton (R) after holding a press conference ahead of his early departure from the G7 Summit on June 9, 2018 in La Malbaie, Canada.

Executive Privilege Cannot Block Bolton’s Testimony

All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
Salmon Chase and John Roberts

How Chief Justice Chase in Johnson Impeachment Decided on Witnesses

There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.
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