Josh Blackman is an Associate Professor at the South Texas College of Law Houston, and the author of Unraveled: Obamacare, Religious Liberty, and Executive Power.
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Robert Mueller, as an employee within the executive branch, was not in a position to disagree with the Office of Legal Counsel’s past work on the clear statement rule.
Special Counsel Robert Mueller argues that applying the obstruction statutes to the president will not chill performance of Article II duties. But Mueller’s own investigation demonstrates otherwise.
Special Counsel Robert Mueller’s legal argument on obstruction of justice is premised on a novel theory of the Take Care Clause that no court of record has even hinted at.
In examining whether the federal obstruction of justice statute applies to the president, Robert Mueller analogizes bribery and obstruction. But this is not supported by Office of Legal Counsel precedent.
Republicans and Democrats alike should restrict how long emergency proclamations can last.
As part of its effort to construct a border wall, the Trump administration has invoked a statutory delegation of authority signed into law by President Obama after the 2016 election.
The Supreme Court’s recent Lucia opinion may have unsettled the line in Morrison v. Olson distinguishing between an “officer of the United States” and an “Employee of the United States.”