Impeachment
73 Articles

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."

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…

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.

John Bolton’s Silence — Here’s how he could lawfully break it
"If he wanted to, Bolton could this afternoon ..."

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…

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.

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…

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."

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.

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.

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.

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.