Kristy Parker is a counsel at Protect Democracy. She previously served for fifteen years in the U.S. Department of Justice as a federal prosecutor and Deputy Chief in the Criminal Section of the Civil Rights Division at the Department of Justice, and for four years as a trial attorney in the Civil Division’s Torts Branch.
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Two seemingly unrelated Supreme Court cases up for oral argument in the next few weeks will have important implications for the use of emergency powers by the executive branch—and for the long-term health of U.S. democracy.
If, after careful review, the judge finds that the government’s motion to dismiss the case against Michael Flynn is tainted, he has a duty to deny that motion.
The Constitution forbids the Trump administration from allocating federal resources needed in the fight against the coronavirus to states based on politics or patronage.
If the president tries to force states to prematurely ease social distancing restrictions, they should resist. They have the Constitution on their side, and they will almost certainly win in court.
The White House’s threat Monday to revoke the security clearances of former intelligence community officials who have criticized the president over his response to Russian interference in the 2016 election (and Tuesday’s apparent escalation) is the latest move in the Trump administration’s ongoing campaign to punish those who voice disagreement with the president.