President Trump seems to have relied on the White House counsel’s office for advice on declaring a national emergency—but then disregarded the office’s repeatedly expressed doubts about the legal basis for the declaration.
Bob Bauer served as White House Counsel to President Obama. In 2013, the President named Bob to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of the university's Legislative and Regulatory Process Clinic.
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The Senate has a responsibility to do so—but not an express constitutional obligation. And in a time of disregard for established institutional practice and norms, the current leadership of the Senate could choose to abrogate them once more.
Barr's nomination poses the same problem for the Senate as the House faces in weighing impeachment: What are the risks in selecting a course meant only to minimize or contain the institutional damage that President Trump is causing?
A response to some counterarguments.
The U.S. Attorney’s Office for the Southern District of New York has alleged conduct by Donald Trump that, if true, could justify impeachment.
Roger Stone is pleased to be known as a campaign “dirty trickster.” But dirty tricks pursued to sabotage an opposing campaign raise legal questions.
The release of the Watergate 'road map' precipitated a debate about whether the special counsel should follow a similar path. But there is another course of action.