Lil Wayne, Steve Bannon, and Some Drug War Victims Pardoned, but No Assange, Snowden, or Ulbricht
Plus: Pelosi wants 9/11-style commission to investigate Capitol attack, MyPillow drama, and more...
Law & Government
Presidential Free Speech and the Congressional Impeachment Power
The First Amendment should not be a viable defense in an impeachment trial
Freeing People Who Don't Belong in Prison Is Praiseworthy, No Matter Trump's Motives
The president's final batch of clemency actions includes commutations for dozens of nonviolent drug offenders.
Biden's Mask Mandate Retreat Is a Hopeful Sign
The president acknowledges that there are limits to executive power, even during a public health emergency.
Further Rejoinder on Why the First Amendment Does not Constrain Impeachment and Removal of Presidents
A further rejoinder to Josh Blackman and Seth Tillman.
Can President Trump Pardon Himself?
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
When is an Officer Impeached? V
The House and Senate are making unforced errors in laying the groundwork for an impeachment trial
Biden's Recovery Plan Would Extend the Federal Government's Extraordinary Eviction Ban Through September 2021
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
Contra the Luttig Impeachment Thread
Judge Michael Luttig thinks a former president cannot be tried in the Senate. The argument is flawed.
Parler's Antitrust Lawsuit Over Amazon Deplatforming Has Tough Road Ahead
Amazon denies any impropriety in its decision to suspend the Twitter alternative, dismissing the suit as "meritless."
There is Still Time to Fix the House Impeachment Process
Trump has been impeached, but there is still time to put a stronger case before the Senate.
Does the Chief Justice Preside over an Ex-President's Impeachment Trial?
Conflicting signals from the Belknap impeachment
Impeaching Trump for his Role in Inciting the Attack on the Capitol Doesn't Violate "Established Free Speech Rights"
A rejoinder to Josh Blackman and Seth Tillman.
Big Government Is a Bipartisan Problem
Neither major party is a friend to limited government.
Trump's Belated Message of Peace and Unity Makes You Wonder Where This President Has Been the Last Four Years
Something like Wednesday evening's soothing remarks could have made a real difference on the day of the Capitol riot.
Trump Has Been Impeached—Again
Several House Republicans joined their colleagues across the aisle in the ultimate condemnation of Trump's role on Jan. 6.
Make Impeachment as Bipartisan as Possible
Impeachment can only succeed if it has substantial bipartisan support. Here are some ways to help make that happen.
Biden's Pick To Run the Commerce Department Is No Progressive
Rhode Island Gov. Gina Raimondo seems unlikely to double down on the past four years of economic foolishness at the Commerce Department.
5 Profiles in Courage and Cowardice in a Trump-Dominated GOP
Here is how Mitch McConnell, Mike Pence, Liz Cheney, Ted Cruz, and Josh Hawley responded to the president's election delusions.
Yes, the Senate May Hold Trump's Impeachment Trial After He Leaves Office
History and precedent both support impeachment trials for former federal officials.
A Senatorial Impeachment Two-Step?
The Senate should bifurcate its impeachment inquiry: Remove from office now, Disqualify from Office-holding later
Rep. Peter Meijer, on Impeachment Vote: 'There's an Assumption That People Will Try To Kill Us'
As Mitch McConnell and Liz Cheney break for impeachment, the freshman GOP congressman who succeeded Justin Amash says that Republicans who are "going to vote our conscience tomorrow" expect to be assaulted.
House Judiciary Committee Releases Report on Impeachment
Among many other things, it cites recent writings by VC bloggers Jonathan Adler, Keith Whittington and myself.
A Simple Way for Republicans to Keep Impeachment from Exacerbating Conflict and Disunity
GOP leaders who raise this objection to impeachment can help solve the problem through the simple expedient of supporting impeachment themselves.
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
The Senate May Hold an Impeachment Trial After President Trump Leaves Office
The precedents are clear, and Senate could bar Trump from holding future office.
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
Embattled Administration Pushes Midnight Controls on Financial Tech
Bureaucracy keeps on regulating through the chaos
The GOP's Authoritarian Sickness
Impeachment, 25th Amendment, or censure? Deplatforming, Section 230, or inclusion? The Reason Roundtable debates.
The Case for Impeaching Trump
"The question of whether incitement to riot is an impeachable offense is pretty easy," says the Cato Institute's Gene Healy. "Clearly, yes."
Why Impeachment Should Proceed Even if it Cannot be Completed Until After Trump Leaves Office
The Constitution does not bar such proceedings. And the impeachment process could still serve the valuable purposes of deterring wrongdoing by future presidents and barring Trump from ever holding federal office again.
The Case for a Swift Impeachment
Prominent legal scholars who rarely agree on anything else make the case for a swift impeachment process.
Will Lisa Murkowski Be the Jim Jeffords of 2021?
The last time the Senate split 50-50, the even balance did not last long.
The First Amendment Doesn't Protect Trump Against Impeachment for his Role in Inciting the Assault on the Capitol
High government officials don't have a First Amendment right to be protected from firing based on their political views. That applies to presidents facing impeachment no less than other officials.
Yes, Congress May Impeach and Remove President Trump for Inciting Lawless Behavior at the Capitol
A response to Joshua Blackman and Seth Tillman
Amash's Successor Peter Meijer: Trump's Deceptions Are 'Rankly Unfit'
The rookie GOP congressman describes Capitol Hill chaos, says that some Republicans who knew better voted against election certification out of physical fear, and explains how serving in Iraq and Afghanistan made him want to "end the endless wars."
Will the Democrats Truly Have Control of the 50-50 Senate?
Vice President Kamala Harris will be able to case the tie-breaking vote, but 50+1/50 is still not 51/49.
Josh Hawley Played With Fire and Burned His Political Future
The senator is a performer and nothing more.
Pelosi Says Congress Is 'Prepared' To Impeach Trump Again Unless Pence Invokes 25th Amendment
In a Thursday afternoon announcement, Speaker of the House Nancy Pelosi (D–Calif.) said Trump committed "an act of sedition" by inciting a riot on Wednesday afternoon.
Impeachment and Invoking the 25th Amendment are not Mutually Exclusive Options
Both can be pursued simultaneously. And there is potentially good reason to do so.
After a Chaotic Day, Congress Finally Confirms That Joe Biden Won the Presidential Election
The usually rote process was marred by President Donald Trump's conspiracy theories and a Republican attempt to thwart the outcome, but the result is now official.
How the Government Can Make Life Better in 2021
Open the schools, accelerate vaccine distribution, and stop being so generous with other people’s money.
A Qualified Defense of Impeaching Trump Again
I supported the previous impeachment of Trump, and would be happy to see him impeached and convicted now. But before proceeding, we should carefully consider how effective a new impeachment effort is likely to be.
Here Is What the President Told Pro-Trump Rioters Before They Stormed the Capitol
Trump said the "Save America March" would be peaceful, but his apocalyptic rhetoric had predictable consequences.
