Impeachment
155 Articles

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.

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?

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."

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.

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.

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.

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.

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…

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”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2019/12/Screen-Shot-2019-12-30-at-9.54.22-PM-e1578422584340.png?fit=1024%2C418&ssl=1)
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.