Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
Law & Government
House Impeachment Managers and Trump's Defense Lawyers File their Impeachment Trial Briefs
The House brief does a solid job of laying out the case against Trump. The defense brief is far less impressive.
'See Something, Say Something Online Act' Punishes Big Tech for Not Snitching
Plus: Oregon decriminalizes hard drugs, Kroger closes stores over hazard pay rule, and more...
Biden Tells Federal Bureaucrats To Approve Regulations With Benefits That Are 'Impossible To Quantify'
Biden has also moved quickly to remove some oversight that limited the growth of the regulatory state.
Biden's Orders Continue the Presidency's Slide Toward Elective Monarchy
If the refusal of lawmakers to enact a president's policies is justification for unilateral executive action, then a slide toward elective monarchy is inevitable.
The Senate's Problem Isn't the Filibuster, It's a Lack of Open Debate
Abolishing the filibuster will make it even harder for the Senate to function.
The Constitutional Argument Against Trump's Senate Trial Is Convenient. Is It Also Wrong?
While many prominent constitutional scholars think trying a former president is perfectly legal, the dissenters make some points that are worth considering.
'Incompetent Government Kills People,' Says Andrew Cuomo Unironically
The New York governor should look to his own state.
Democrats Have No Excuse Not to Reform the Criminal Justice System
Now is the time to act.
Presidential Mercy Is a Woefully Inadequate Remedy for Injustice
The controversy over Trump’s pardons and commutations highlights longstanding problems with clemency.
Cops Must Destroy Illegal Surveillance Videos From Spa Visited by Robert Kraft
Authorities "shall destroy the videos unlawfully obtained through the surveillance of the Orchids of Asia Day Spa," a federal judge says.
What Are the Prospects for School Choice Gains in 14 States?
If passed, new laws will give parents more control over how their education dollars are spent.
How COVID-19 Made School Choice a Priority
Out with the CDC and teachers unions, in with school choice for everyone.
Changing Litigating Positions at the Solicitor General's Office
An interesting question of institutional norms
Contra Alan Dershowitz on Late Impeachments
On the validity of an impeachment trial for a former president.
California Preservationists Sue To Overturn Law That Requires Property Owners Consent To Having Their Homes Landmarked
The lawsuit from three Orange County preservation groups argues that supposedly historic buildings should be afforded the same environmental protections as "air, water, and forests."
Will Democrats Learn to Love the Congressional Review Act?
The CRA may offer Democrats a quick and easy way to repeal Trump Administration regulations, if they are willing to use it.
Legal Scholars' Letter Supporting Constitutionality of Impeaching and Convicting Presidents After they Leave Office
The signers include a wide range of constitutional scholars across the political spectrum, including Federalist Society co-founder Steve Calabresi.
Should Ted Cruz and Josh Hawley Be Expelled From the Senate for 'Insurrection'?
That punishment for reinforcing the delusions that drove the Capitol riot is highly unlikely, and it would set a troubling precedent.
Will Democrats Embrace the Imperial Presidency Now That Their Guy Is in Charge?
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Biden Issues At Least 15 Executive Orders and Actions on Day One
Plus: Columbia University neuroscientist defends heroin use, Cuomo plan would still criminalize growing or delivering marijuana, and more...
What Amy Coney Barrett Got Wrong About Lochner
Justice Barrett should revisit her views on this wrongly maligned case.
One of Biden's First Actions In Office Will be To Exercise Powers He Admits He Doesn't Have
Biden's willingness to extend a nationwide eviction moratorium, while declining to mandate masks nationwide, demonstrates a worrying inconsistency in his views on presidential powers.
Biden's Revival of Trump's Eviction Moratorium is at Odds with His Position on the Legality of a National Mask Mandate
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.
Biden's Inauguration Was Small and Quiet. Good.
The cult of the imperial U.S. presidency has come to feel like a national religion.
More than 100 Civil Rights Groups Agree: We Don't Need New Domestic Terrorism Laws
Their letter to Congress warns about inevitable abuses against religious and racial minorities.
Saying Trump 'Provoked' the Capitol Riot With 'Lies,' Mitch McConnell Tries To Distance His Party From a Dangerous Demagogue
The Senate minority leader sees a grave political risk in failing to repudiate the former president.
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...
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.
