Latest in Executive Power
On Monday, the White House notified the House judiciary committee that the president had directed former White House counsel Don McGahn not to appear before the committee on May 21 pursuant to a subpoena issued earlier this month.
On Monday, the Justice Department’s Office of Legal Counsel released the following opinion on whether former White House counsel Don McGahn enjoys immunity from compelled testimony by the House judiciary committee. The full opinion is below.
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.
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.
President Trump currently has the authority to withdraw the United States from NATO in a manner not subject to judicial review. Congress could change that.
Hard cases make bad law, and Americans should be very wary of contorting constitutional rules to ensnare a uniquely corrupt official.
We continue to believe that Barr’s stance is both radical and wrong.
The views described in William Barr’s memo, far from crazy, have significant support in Supreme Court case law and executive branch precedent—and the real significance of the Barr memo may be its possible use in support of the impeachment of President Trump.
A response to Andrew McCarthy.
A response to Philip Bobbitt’s counterargument.