MSNBC host Rachel Maddow looks back at the context of the 1973 Department of Justice memo that serves as part of the basis for the conventional wisdom that a sitting president cannot be indicted, and shares insights from former Justice Department official J.T. Smith, who says the matter should be reconsidered. Walter Dellinger is a …
Tag: Constitution
Jul 24 2018
Stopping Presidential Wars
One of my favorite constitutional lawyers is Bruce Fein. Although he is considered a conservative and was one of the authors of the articles of impeachment against President Bill Clinton, Fein advocated for the dual impeachment of Pres. George W. Bush and his vice president, Dick Cheney, during a discussion with then Washington correspondent for …
Sep 12 2017
The Aftermath of a Pardon
Department of Justice prosecutors in the contempt case against Arizona Sheriff Joe Arpaio have asked the judge to vacate her decision arguing that Donald Trump’s pardon has nullified the verdict. No doubt this came at the request of Trump and his Attorney General Jefferson Beauregard Sessions III. Trump tried to justify his action falsely comparing …
Feb 22 2017
How To Remove A Problem Like Trump
When President John F. Kennedy was assassinated in Dallas, Texas on November 22, 1963, the was some confusion on succession. The Constitution was not clear on whether the vice president would be president or acting president in the event of the death, resignation, removal or incapacity due to disability. Article II, Section 1, Clause 6 …
Feb 07 2017
The Resistance: Fifty Ways To Leave Your Lover
We are barely three weeks into the so-called presidency of Donald J. Trump and there is already talks of impeachment. Of course House Minority Leader Nancy Pelosi is trying to down play the chatter, once again shirking her constitutional responsibility. “[There] are grounds for displeasure and unease in the public about the performance of this …
Jan 31 2017
The Resistance: Monday Night Massacre
Monday night, three hours after acting Attorney General Sally Yates issued a letter instructing US Attorneys not to defend Donald Trump’s Muslim ban, Trump fired her. The last time that happened was in 1973, when Richard Nixon fired Special Prosecutor Archibald Cox at the height of the Watergate scandal. It precipitated the resignation of Attorney …
Dec 13 2016
Has The Extortion Already Begun?
Has possible extortion of Donald Trump by foreign governments already begun? No, not the alleged Russian hacking of the DNC e-mails and speculation that Russian President Vladimir Putin is manipulating Trump with undisclosed hacked information, although that is pretty bad. This is about Turkey, China and the Philippines where Trump has extensive business interests. Last …
Nov 14 2016
Should It Ever Have Been A Matter Of Trust?
A question for those who trusted Barack Obama with national security, mass surveillance, drones and targeted assassination: Do you trust Donald Trump and his minions with those tools? If you don’t, it’s a bit too late for panicking There were those of us on the far left with a greater respect for the law and …
Oct 20 2016
Late Night Hosts React to the Last Debate
The last presidential debate ended last night with the candidates walking off the stage without even making eye contact, let alone a handshake. The take today is that Donald blew and, no matter how his campaign and supporters spin it, his refusal to say he would accept the election results was the final strike in …
Jun 22 2016
Protecting The 2nd Amendment At Any Price
On Monday the Senate voted on four bills on gun control. Needless to say, the wholly owned Senate defeated even the most reasonable measure that would have closed the loop hole in back ground checks at gun shows and on line. Instead Congress panders to the right wing gun lovers and idiots who think that …