This blog serves the honors section of our introductory course on American politics (Claremont McKenna College Government 20) for the fall of 2023.
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During the semester, I shall post course material and students will comment on it. Students are also free to comment on any aspect of American politics, either current or historical. There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges. This blog is on the open Internet, so post nothing that you would not want a potential employer to see. Syllabus: http://gov20h.blogspot.com/2023/08/draft-introduction-to-american-politics.html
Tuesday, September 12, 2017
"All the President's Defenses"
https://www.lawfareblog.com/all-presidents-defenses
This article presents an analysis of two of the preliminary arguments that sources say President Trump's Lawyers have submitted to Special Counsel Robert Mueller providing challenges to potential obstruction of justice charges. The key constitutional argument presented is that, "because the President has the constitutional authority to hire and fire executive branch officials, Trump could not have obstructed justice when he fired FBI Director James Comey." As the article reports, critics find this defense wholly underwhelming.
Yet, there are still many important questions imbedded within this argument.
Is it constitutionally allowable to act with an unconstitutional purpose? What types of conduct may not be criminally liable but are still not constitutionally permissible? Is this argument strategic at all, considering it rests on the principle that the president did act with nefarious intent? Lastly, was it the firing of Comey that constituted obstruction of justice or the fact that the former FBI director reported that Trump asked him to drop the Russia investigation?
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