Josh Blackman

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Josh Blackman holds the Centennial Chair of Constitutional Law at the South Texas College of Law Houston, and is the author of An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.

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Executive Power

The Special Counsel’s Constitutional Analysis: Chilling Effects

Special Counsel Robert Mueller’s report found that the federal obstruction of justice statutes can apply to the president, even though the statute did not expressly state that it applies to the president. Robert Mueller chose not to apply the avoidance canon known as the “clear statement” rule. Previously, I have argued that his decision was inconsistent with precedent from the Office of Legal Counsel (OLC).

Federal Law Enforcement

The Special Counsel’s Constitutional Analysis: Corrupt Intent and the Take Care Clause

Special Counsel Robert Mueller’s report found that the federal obstruction of justice statutes can apply to the president, even though the statutes do not state this expressly. Robert Mueller chose not to apply the avoidance canon known as the “clear statement” rule. In a recent Lawfare post, I argued that this decision was inconsistent with precedent from the Office of Legal Counsel (OLC).