Seth Barrett Tillman is an Associate Professor of Law at Maynooth University School of Law and Criminology (Scoil an Dlí agus na Coireolaíochta Ollscoil Mhá Nuad) in Ireland.
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Fortunately for Bragg, there are good reasons to conclude that the elected president was not an “officer of the United States.”
It seems unlikely, due to the difficulties of crafting one and enforcing it, that a plea bargain can stop former President Donald Trump from running for or holding the presidency.
Right now, the Abuse of the Pardon Prevention Act may seem like a prudent idea. But the new bill would have dangerous ramifications for American politics moving forward.
The Senate rules do not require a full trial, nor do they equate “removal” with “disqualification.”
If adopted by the House of Representatives, the theory that President Trump engaged in bribery by pushing Ukraine for an investigation into Burisma could have consequences for the separation of powers.
Recent debates over the constitutionality of Robert Mueller’s appointment as special counsel turn on whether he is a principal or inferior “officer of the United States.” Steven Calabresi contends that Mueller is in fact a principal officer, who, as a result, must be nominated by the president, and confirmed by the Senate.