Impeachment

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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.
Sen. Lindsey Graham (R-SC), Sen. Roy Blunt (R-MO), Supreme Court Chief Justice John Roberts and Sen. Pat Leahy (D-VT) arrive to the Senate chamber for impeachment proceedings at the U.S. Capitol on January 16, 2020 in Washington, DC.

Hearsay and the Impeachment Trial

How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?
Jay Sekulow, personal lawyer for President Donald Trump, and Pat Cipollone, White House counsel, wait for an elevator as they arrive at the U.S. Capitol on January 22, 2020 in Washington, DC. Jay Sekulow grins widely.

Constitutional Crabgrass: President Trump’s Defenders Distort the Impeachment Clause

Leading scholar on history of impeachment pens a scathing critique of Dershowitz argument. Calls it "brazenly wrong."
Trump arrives at the White House on January 22, 2020 in Washington, DC.

What Sort of “Abuse of Power” Would Amount to an Impeachable Offense?

Philip Bobbitt writes that the Ukraine allegations amount to an impeachable abuse of power, but not the way some have framed it.
Cracks in cement

Four Fundamental Flaws in President Trump’s Impeachment Trial Memo

Leading impeachment law scholar pens a scathing critique of President Trump’s Trial Memo sent to senators on Monday.
A collage of photos of Les Parnas meeting with various people in the Trump administration, including, Trump, Ivanka Trump and Jared Kushner, Kellyanne Conway, Pence, and more.

15 Questions the Media Should Be Asking Lev Parnas

A list of specific questions reporters (and perhaps members of Congress, if the time comes) should be asking Lev Parnas.
Trump and Acting chief of staff Mick Mulvaney listen to comments during a luncheon with representatives of the United Nations Security Council, in the Cabinet Room at the White House on December 5, 2019 in Washington, DC.

GAO Decided Trump’s Hold on Ukraine Funding Was Illegal and It Wasn’t a Tough Call

In addition to the larger implications GAO's decision has for the Senate impeachment trial, a close reading of yesterday's report provides some important new insights.
Former U.S. National Security Advisor John Bolton speaks at the Center for Strategic and International Studies September 30, 2019 in Washington, DC.

Executive Privilege Is No Bar to John Bolton’s Testimony in the Senate

President Donald Trump’s impeachment team reportedly believes that executive privilege poses “significant and important” issues that could prevent former National Security…
The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?

To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…
A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”

Did the Trump Administration Abuse the Redactions Process?

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.
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