Subpoenas, Recalcitrant Witnesses, and the Senate Impeachment Trial
Law Twitter is abuzz (I guess this is a mixed metaphor) about this TPM post by Josh Marshall, who makes the following points regarding an impeachment trial in the Senate: (1) the House will have the...
View ArticleImpeachment and Disqualification
The proposed articles of impeachment against President Trump call not only for his removal from office, but for his “disqualification to hold and enjoy any office of honor, trust, or profit under the...
View ArticleThe Justice Department’s “Interesting” Comments on the Chief Justice’s Role...
The Constitution mentions the chief justice for one purpose only, and apparently it is so he can serve as Charlie McCarthy to Liz McDonough’s Edgar Bergen. Or so one would understand from the...
View ArticleWho Decides When the Chief Justice Presides?
A few days ago I tweeted the following in regard to the debate over whether President Trump has actually been impeached:There is a simple way to resolve this. @senatemajldr should send a note to the...
View ArticleA Negotiated Resolution for the Second Article of Impeachment
Professor Jonathan Turley has been extremely critical of the second article of impeachment against President Trump. Turley claims that the charge of obstruction of Congress is improper because the...
View ArticleDoes Section 3 of the Fourteenth Amendment Apply to the Presidency?
It will come as no surprise to readers of this blog that Professors Tillman and Blackman have written a controversial piece about the current troubles in which, among other things, they reiterate their...
View ArticleSome Legal Questions About the Second Trump Impeachment Trial
The second impeachment of Donald Trump raises some significant legal issues, which I sketch out below. All I can say is that we could have avoided a lot of trouble if anyone ever listened to me. Can...
View ArticleLate Impeachments, Senate Resolution 16, and Some Relationships
Writing in the Wall Street Journal Sunday, Chuck Cooper argues that the Constitution permits late impeachments, i.e., the impeachment and trial of former officials who are accused of committing high...
View ArticleWhat Would Xena Do? A Conscientious Senator Navigates the Impeachment Trial.
As you know, on February 9 the Senate voted 56-44 to proceed with the second impeachment trial of Donald Trump, finding that the former president “is subject to the jurisdiction of a court of...
View ArticleTwo Lees, One Jackson, and Some Stonewalling
During the confirmation hearings for Judge (soon to be Justice) Ketanji Brown Jackson, she answered written questions for the record from a number of senators, including Senator Mike Lee. One of...
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