Donald Trump claims that while he is president, his pre-presidency financial records can’t be subpoenaed and he can’t even be investigated for criminal conduct. The Supreme Court will decide by the end of June whether Trump is indeed beyond the reach of the law. On May 12, the Supreme Court heard oral arguments about whether… Read more »
Tag: executive power
DOJ Seeks to Exploit Coronavirus Emergency to Detain People Indefinitely
Throughout U.S. history, presidents have exploited national emergencies to exceed their constitutional powers. Abraham Lincoln illegally suspended habeas corpus during the Civil War. Franklin D. Roosevelt confined people of Japanese descent in internment camps during World War II. And George W. Bush used his post-9/11 “war on terror” to launch two illegal wars, mount a… Read more »
Trump’s Order to Defy Subpoenas Is Itself Grounds for Impeachment
We’re headed for a separation of powers showdown between Congress and the president that will ultimately end up in the Supreme Court. The Constitution gives Congress the “sole Power of Impeachment.” Yet President Donald Trump has ordered all of his current and former senior advisers to defy congressional subpoenas to testify in the impeachment inquiry. Trump is… Read more »
William Barr Will Be a Loyal Foot Soldier in King Trump’s Army
At his attorney general confirmation hearing, William Barr sought to reassure senators on the Judiciary Committee that Robert Mueller’s probe would be allowed to continue, saying, “I believe it is vitally important that the Special Counsel be allowed to complete his investigation.” But Barr, who champions a disturbing radical right-wing theory of all-encompassing presidential power called… Read more »
If Trump Declares a National Emergency, He’ll Be Breaking the Law
Congress refuses to enact legislation containing the nearly $6 billion that Donald Trump is demanding for an unnecessary wall on the southern US border. In response, Trump is considering whether to declare a national emergency, take money Congress has appropriated for other purposes, and divert it to build his wall. But under US law, the… Read more »
Kavanaugh Scorns International Law and Loves Executive Power
Supreme Court nominee Brett Kavanaugh has nothing but contempt for international law. But he has shown uncritical deference to executive power, particularly in the so-called war on terror cases.