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."
Donald Trump
Nationalists, not Immigrants, are the Real Threat to Liberal Democratic Institutions
It is often argued that we need to restrict immigration in order to protect democratic institutions. But ethno-nationalist immigration restrictionists are a much bigger threat to those institutions than immigrants.
Contra the Luttig Impeachment Thread
Judge Michael Luttig thinks a former president cannot be tried in the Senate. The argument is flawed.
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.
Republicans Can No Longer Deny the Reality of Donald Trump
It can be hard to see what's in front of you, especially when you're struggling not to see it.
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.
No, AOC, It's Not the Government's Job to 'Rein in Our Media'
The First Amendment doesn't come with an exception for "disinformation."
Is the Great Deplatforming of 2021 an Assault on Free Speech?
No, says Techdirt's Mike Masnick, but it is cause for expanding Section 230 and building a more decentralized internet.
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.
Mike Masnick: In Defense of Section 230 and a Decentralized Internet
Techdirt's founder wants to give end users, not politicians and tech giants, more control over what we can say and see online.
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.
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.
Arizona's GOP Has Become a Trump Cult
The organization has devolved from skepticism toward government to veneration of politicians.
The 14th Amendment Disqualification Gambit
Impeachment, not the 14th Amendment, is the mechanism for disqualifying Trump from future federal office.
Prosecuting Trump for Incitement Would Set a Dangerous Precedent
Unlike the cancellation of Josh Hawley’s book, such criminal charges pose a real threat to freedom of speech.
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.
Why Purging Social Media of Extremist Speech Might Not Make Us Safer
Law enforcement will have an easier time arresting and prosecuting criminals on Parler than on Telegram.
How To Respond to the Great Deplatforming of 2021
We need an open digital commons, where individuals maintain ownership of their own identities and where speech is highly resistant to political pressure.
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.
The GOP's Authoritarian Sickness
Impeachment, 25th Amendment, or censure? Deplatforming, Section 230, or inclusion? The Reason Roundtable debates.
Sidney Powell's Loony Election Claims, Which Gave Birth to the Deadly Capitol Invasion, May Finally Cost Her
Dominion Voting Systems, the focus of the former Trump campaign lawyer's conspiracy theory, is seeking $1.3 billion from her for defamation.
Sedition Charges Are Almost Always a Terrible Idea
Laws against sedition have historically been used by insecure officials to punish critics.
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.
Trump's Lawyers Surrender in Georgia Despite Giuliani's 'Conclusive Proof' of Election Fraud
Trump attorney Kurt Hilbert claimed he had reached settlement agreements with state officials, which was news to them.
The Case for a Swift Impeachment
Prominent legal scholars who rarely agree on anything else make the case for a swift impeachment process.
West Virginia Lawmaker and Man Photographed at Pelosi's Desk Among Those Arrested for Capitol Riot
Proposals are already being floated for new unnecessary laws and punishments to address the riots.
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
What Should Happen to the Capitol Invaders?
Now more than ever, it’s important to separate feelings of anger from the needs of justice.
Did Trump Commit a Crime When He Riled Up His Supporters Before They Rioted?
Under federal law, incitement to riot does not include "advocacy of ideas" or "expression of belief" unless it endorses violence, which Trump did not do.
Trump Never Bothered To Hide His Contempt for the Constitution
Trump deserves to be remembered for what his words and actions have shown him to be.
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."
FCC Won't Fulfill Trump Order for 'Regulations to Clarify' Section 230
Plus: Trump concedes on reinstated Twitter account, Cabinet resignations keep coming, and more...
Citing Trump's Rhetoric, Education Secretary Betsy DeVos Resigns
"That behavior was unconscionable for our country."
Trump Returns to Twitter, Concedes Election
Condemns “violence, lawlessness, and mayhem” by his supporters at the Capitol.
The Capitol Rioters Were a Right-Wing Cancel Mob
Instead of coming for campus speakers, they came for the symbolic heart of democratic self-governance.
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.
Where Do We Go After the Trumpist Tantrum?
When people are no longer willing to lose at the polls, it’s time to make elections less important.
Ted Cruz's Legally Groundless Challenge to Biden's Electoral Votes Was a Disgrace That Should Follow Him Forever
Cruz plunged into the constitutional abyss while Rand Paul stepped back, refusing to sacrifice democracy and the rule of law.
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.
No, Antifa Wasn't Behind the Capitol Riot
The people who smashed windows and stormed the building were sincere pro-Trump protesters.
