Tag: Law

A Presidency That Will Live in Infamy

The House Judiciary Committee convened on Tuesday without its star witness. Don McGahn, the former White House counsel and a key witness in the Mueller report, refused to appear after President Trump ordered him not to testify. New York Representative Jerry Nadler, the committee’s Democratic chairman, told the assembled lawmakers and spectators that congressional subpoenas […]

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The Democrats’ Plan to Save Abortion Rights Is Full of Asterisks

When Alabama last week passed an outright abortion ban, with no exceptions for rape or incest, it drove home a frightening reality: The Republican Party, if given enough power, will fully rob women of their reproductive rights—indeed of their agency as human beings. The state also potentially upset a quieter conservative legal strategy across America […]

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The House of Roberts

Donald Trump’s hostility toward congressional oversight is leading some of his critics to describe him in monarchical terms. The Washington Post’s Dana Milbank argued that the president’s legal argument for ignoring subpoenas was “closer to the divine right of kings.” The New York Times’ Charles Blow wrote that the United States is “drifting dangerously close […]

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The Very American Case of Robert Kraft and a Florida Prostitution Sting

Before February, Robert Kraft was mostly known for two things: winning six Super Bowl rings as owner of the New England Patriots, and losing one of them to Russian President Vladimir Putin. Then Florida prosecutors charged the 77-year-old with soliciting prostitution after secretly videotaping his encounters with masseuses at a day spa in Jupiter, Florida. […]

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This Is Not a “Constitutional Crisis”

A constitutional crisis, like a good first date, is typically self-evident. That’s what makes top Democrats’ sudden embrace of the term so jarring. “Certainly, it’s a constitutional crisis, although I don’t like to use that phrase because it’s been used for far less dangerous situations,” Jerry Nadler, the chairman of the House Judiciary Committee, said […]

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Andrew Yang’s Disjointed Plan to Reform American Democracy

There are more than 20 Democratic candidates for president, and none are as technocratic as Andrew Yang. The New York–based entrepreneur and venture capitalist is running on an eclectic platform that synthesizes ideas from the party’s socialist and centrist wings. Though he’s never held elective office, he’s secured an enthusiastic following known as the “Yang […]

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Black Harvard Professor Who Represented Weinstein Loses Faculty Dean Position

Photo: iStock Harvard announced Saturday that law professor Ronald S. Sullivan Jr., who represented embattled film producer Harvey Weinstein until recently, would not continue as faculty dean of an undergraduate house after his term ends on June 30, following pressure from students, according to the New York Times. Weinstein is set to stand trial on […]

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Homelessness Is Not a Crime

Denver received national attention this week after voters there passed Initiative 301 to decriminalize hallucinogenic mushrooms. The result of Initiative 300, which would have repealed the city’s ban on public camping and sleeping under a blanket, passed with almost no notice beyond the local press. Initiative 300’s proponents described it as a “right to survive” […]

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The Fox & Friends Pardon for War Crimes

When President Donald Trump exercises his power to pardon federal crimes, it’s usually to send a message. Last March, in an implicit jab at Hillary Clinton’s handling of classified information, he erased the conviction of former Navy sailor Kristian Saucier for photographing a submarine’s interior. The following April and May, while the Russia investigation loomed […]

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Waiting for Peak Trump

There’s a certain rhythm to Donald Trump’s presidency over the past two years. First he does something even more egregious than usual, like defend violent white nationalists or side with Russian President Vladimir Putin. Then he hunkers down for the barrage of public criticism. The wave crests, and things return to normal, or at least […]

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America Needs to Hear From Robert Mueller

Attorney General Bill Barr is doing the job that President Donald Trump appointed him to do, even if it’s not the job that’s in the public’s best interest. Special Counsel Robert Mueller’s 488-page report filled in many of the blanks surrounding Moscow’s interference in the 2016 campaign, the Trump campaign’s role in it, and how […]

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What Does Joe Biden Stand For, Exactly?

Every presidential candidate runs on some combination of two things: what they’ve already done, and what they plan to do next. More experienced candidates like Elizabeth Warren and Bernie Sanders can lean on both equally, while relative newcomers like Beto O’Rourke or Pete Buttigieg tend to focus on the latter. The calculus for Joe Biden […]

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Trump Is Building His Own Case For Impeachment

Every schoolkid learns about the separation of powers at some point. Maybe a jaunty Schoolhouse Rock! episode taught them how the Constitution divides those powers between the legislative, executive, and judicial branches. Perhaps their civics teacher explained how those branches act as checks on each other to prevent abuses of power. Now President Donald Trump […]

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The Court of Supremely Bad Faith

Once again, Chief Justice John Roberts and his colleagues are poised to hand the Trump administration a decisive legal victory on dubious factual grounds. During oral arguments on Tuesday, the justices appeared to favor the administration’s dishonest defense of its attempt to add a citizenship question to the 2020 Census. A win for Trump could […]

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“Russia, If You’re Still Listening…”

Rudy Giuliani is known for making outlandish remarks. As the public face of President Donald Trump’s legal team, he spent the last year serving up a smorgasbord of madcap talking points about the Russia investigation and Trump’s other legal woes. But his comments on the Sunday morning shows might be his most troubling yet. “There’s […]

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Who Will Say No to Trump Now?

Over the past two years, many Americans feared that President Donald Trump would trigger a constitutional crisis by firing special counsel Robert Mueller and shutting down the Russia investigation. Mueller’s final report makes one thing clear: The investigation survived not because of the president’s faithfulness to the rule of law, but because of the faithlessness […]

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How to Get Away With Obstruction of Justice

The Justice Department has released special counsel Robert Mueller’s 448-page report and titled it, dryly, “Report On The Investigation Into Russian Interference In The 2016 Presidential Election.” A more accurate title would be “A President’s Guide to Obstructing Justice and Getting Away With It.” Though partially redacted in places, the report offers a thorough and […]

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Will Rod Rosenstein Regret Defending Bill Barr?

The Mueller report, set to be released in redacted form on Thursday, will be a test of Attorney General Bill Barr’s integrity. Many critics expect him to flunk it. “I don’t trust Barr,” House Speaker Nancy Pelosi told the Associated Press last week. “I trust Mueller.” Some have even accused Barr of a cover-up, a […]

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