William Nelson Cromwell Professor of Politics, Princeton University. Founding Chair,
@AFA_Alliance
. Visiting Fellow,
@HooverInst
. All opinions are mine alone.
ICYMI, I have created 1-stop shopping on my homepage for all my writing for general audience & extended conversations in the media (free speech, academic freedom, impeachment, constitutional crisis, presidential power, judicial review, originalism & more)
Good thing current Americans never had to deal with blackout orders in response to aerial bombing raids. We'd do a few weeks, and then 10% of households would start putting out Christmas lights just to show that no one can boss them around.
These are two separate things (as I discuss in some length in a new manuscript on impeachment power). Abuse of power is not the exercise of a power an officer doesn’t possess. It is a misuse of a power an officer does lawfully possess.
The Constitution expressly grants the President pardon power.
Anyone calling President Trump’s pardon of Michael Flynn an “abuse of power” is mistaken.
My response to Dershowitz in the Wall Street Journal
For the Founders, it would have been obvious that the “power to impeach” included the ability to hold former officials to account, writes
@kewhittington
via
@WSJ
In this case, the media won’t tell you that because it is not true. Every state certified only one slate of electors & did so in the manner directed by the state legislature
Leftwing media wont tell you but “Pennsylvania, Georgia, Michigan, Wisconsin, Arizona, Nevada, and New Mexico all selected two slates of electors: one slate accepts a Democrat victory, but the other slate anticipates a turnaround”,-Andrea Widberg the American Thinker
Worth repeating that what Rubio describes here bears no relationship to the text, structure, purpose or historical practice of the constitutional power of the Senate to try an impeachment initiated by the House
Worth repeating.
The testimony & evidence considered in a Senate impeachment trial should be the same testimony & evidence the House relied upon when they passed the Articles of Impeachment.
Our job is to vote on what the House passed,not to conduct an open ended inquiry.
Have to admit that the likelihood that Trump might not be a business genius but is an aggressive tax avoider was pretty much already factored into my vote choice
This is wrong even if we restrict ourselves to presidential impeachments. But the impeachment power extends beyond presidents & most federal impeachment charges across American history have not involved violations of criminal statutes.
“This would be the first Impeachment in American history without a specific criminal statute or crime that the president whose impeached would have allegedly committed.” Paul Gigot, The Wall Street Journal
Many things to be said about why the Eastman essay on whether Kamala Harris is a natural-born citizen is wrong but let must just introduce you to case of Julia Lynch, who was born in NYC in 1819 while her Irish parents were visiting her uncle. Julia was a natural-born American 1/
An impeachment necessarily involves a judgment about future behavior as well as an assessment of past behavior. I would hope that some senators are reflecting on what lessons they should have learned from the Ukraine episode
To be honest, when you are resting your case on the maneuvers Andrew Johnson was making as he wrangled with the Senate that would sit in judgement of his impeachment trial for how he filled Cabinet vacancies, you’re not winning
Universities should have and enforce a zero tolerance policy for classroom disruptions. Education is the core mission of the university, and campus free expression policies should be designed to secure that mission.
This is a math class this morning at
@MIT
. This is the state of learning and ‘free speech’ at our top universities. It would not be happening without a failure leadership at MIT.
Imagine being a student who borrowed $250k to attend MIT or a professor who is trying to do…
BREAKING: I’m proposing a new Constitutional Amendment!
“The 2nd Amendment must be underlined and bolded.”
I suspect that this will help Democrats who, bless their hearts, seem to skip over it currently.
The
@uiowa
provost has decreed that professors shall not share their personal value judgments about vaccines and masks in the classroom. That's an academic freedom problem & potentially a First Amendment problem 1/
This is bonkers. Critical race theory is a common and perfectly legitimate body of scholarship that should have a place in many university classes. That these bills are generating this kind of audit at state universities is a contemptible assault on intellectual freedom.
@SenJohnThune
Perhaps the Republican caucus should consult some conservative scholars with expertise on the impeachment power before rushing to embrace a convenient but flawed jurisdictional theory
This is very unfortunate since the jurisdictional argument is deeply flawed as a matter of constitutional text, purpose & history & reversing long-standing precedent on this issue could have bad consequences down the road
via
@politico
I don’t know what report current Director of the FBI Christopher Wray was reading, but it sure wasn’t the one given to me. With that kind of attitude, he will never be able to fix the FBI, which is badly broken despite having some of the greatest men & women working there!
This seems to be a misunderstanding of the scope of the purposes and uses of the House’s exclusive impeachment power. A problem that hampered the House in 2019 as well.
House Judiciary Chairman Jerry Nadler says calls for the impeachment of AG Bill Barr are "a waste of time at this point because we know that we have a corrupt Republican majority in the Senate which will not consider an impeachment no matter what the evidence."
#CNNSOTU
NEWS: The RNC voted tonight to have a significantly pared down convention in Charlotte, per ppl familiar with decision. They will not have a platform committee and instead use the 2016 platform.
Deep in the Soviet archives is Stalin's list of priorities, carefully numbered and checked off when achieved. The first item on the list mocked him to the end of his days: "Steal all the American hamburgers."
Former Trump White House official Sebastian Gorka: "They want to take away your hamburgers. This is what Stalin dreamt about but never achieved."
😂😭😂😭🤦♂️
Universities have no choice but to reset, but this crisis of confidence could be an opportunity to return to first principles and to rededicate themselves to the advancement and dissemination of knowledge. Anything else will be a road to ruin 4/4
Absurd that we have come to this. But another good reason for a constitutional amendment eliminating the human element of presidential electors in our presidential selection system
Michigan's 16 presidential electors, set to cast votes for Joe Biden at the state Capitol on Monday, are being offered police escorts into the building, where protests are expected outside.
A remarkable attribution of responsibility by a GOP House member.
Trump should be impeached and removed as quickly as the House and Senate can assemble.
REPUBLICAN REP. MIKE GALLAGHER ON CNN RIGHT NOW:
"I have not seen anything like this since I deployed to Iraq... The President needs to call it off. Call this off, Mr. President. Call this off."
That such information will clearly continue to leak out between now and the election highlights the risk that R senators are running by trying to minimize what is presented in the trial. It will eventually come back to bite Trump — and them.
Breaking via NYT: Trump told John Bolton in August that he wanted to continue freezing security assistance to Ukraine until officials there helped with investigations into Democrats including the Bidens, according to an unpublished manuscript by Bolton.
Universities need to reassess the path they’ve been on of institutionalizing toxic ideologies, placating the political desires of some on campus while dismissing the concerns of others, and putting political concerns over academic values 3/
Politically, this is risk that GOP senators have been running. The story will come out before election, if not completely. As it comes out, it will make the Senate "trial" look worse, not better. They will have to defend that process to voters, who will know what was being hidden
Yesterday the Senate decided to vote on impeachment without hearing witnesses. At midnight, OMB acknowledged (pursuant to court order & at the last minute) emails document Trump’s involvement. Evidence will continue to surface despite the Senate cover up.
Future historians will struggle to understand why the United States once had an institution called Congress, the function of which will have been lost in the mists of time
"I'm a constitutionalist. You know, you can't do things the Constitution doesn't allow you the power to do."
I hate elections where that's the contrarian position.
Biden tells
@edokeefe
it's unclear if the Constitution allows a president to issue a mask mandate, but he would be "putting as much pressure as I could on every governor, every mayor, every county executive, every local official and everyone in business" to ensure mask wearing
The necessary foundation for national unity in a liberal constitutional democracy is the broad acceptance of rules and norms surrounding democratic elections and the transfer of power when incumbent government officials lose elections.
Sen. Joe Manchin told me Trump’s team did a “good job” and are “making me think about things.” He added: “One thing that stuck in my mind is they said there isn’t a witness they have had so far that had direct contact with the president. I’d love to hear from Mulvaney and Bolton”
This is grossly inappropriate & surely politically unsustainable. Just cut to the presumptive final defense — that Trump’s behavior was bad but not necessitating the extraordinary remedy of removal — and skip the character assassination of immigrants performing national service
Sean Duffy on CNN on Army Lt. Col. Vindman: "It seems very clear that he is incredibly concerned about Ukrainian defense. I don't know that he's concerned about American policy ... we all have an affinity to our homeland where we came from ... he has an affinity for the Ukraine."
Sarah Lawrence needs to be very clear that this is preposterous and that tenure at any serious institution of higher education will not be granted, reviewed or revoked at the political whim of students
1. "Tenure review" my foot. These Sarah Lawrence students want a professor to lose tenure for uncontroversial research on academic admins' liberal leanings.
2. NB: They're arguing that students should be the arbiters of tenure on the basis of viewpoint.
Alan Dershowitz, a lawyer on President Trump's impeachment defense team, reveals new details about the defense’s strategy, saying he’ll present for less than an hour on Monday and so far has not shown the White House legal team a draft of his presentation
Here's video of Stanford DEI dean Steinbach's remarks slamming Judge Duncan and setting forth university policy on free speech while calling its soundness into question and stating that it might need to be reconsidered. /8
Donald Trump is the only president in history who received guilty votes from members of his own party in a Senate impeachment trial -- and now he's done so twice
My latest in the Post. GOP senators should think very carefully about how they justify their vote
The Senate is likely to acquit Trump. It should still reject Dershowitz’s logic.
The slew of Kraken suits were at least arms length from the GOP, but now a significant number of GOP state attorneys general and federal House members have actively attached themselves to this terrible Texas suit. The party is not going to right itself anytime soon.
⚖️JUST IN: New amicus brief from 106 Republican House members in support of Texas' bid to overturn President-elect Joe Biden's win in the Supreme Court. Here they are👇
For higher ed, it is critical that this resignation at Penn (w/ perhaps more to come) not be construed as a mandate to shrink the space for free speech & academic freedom & to heighten the desire to cater to the sensitivities & political preferences of donors & politicians 2/
I take no pleasure in this. I knew and respected Magill from other contexts, and I had been hopeful about her prospects at Penn. She made some missteps, but also was likely in a no-win situation and this outcome seemed inevitable. I wish her the best going forward. 1/
Not that it matters, but so far the Trump defense team is getting its clock cleaned by the House managers in their presentations. Not terribly surprising given the president's apparent approach to putting together his team and the case he left them with.
As an originalist, I've long suggested to my skeptical friends on the left that they really would not prefer that conservatives just embrace a substantive living constitutionalism. They always laughed. One thing I really appreciate about Vermeule is he let's me say, I told you so
McConnell's speech sets a model that I hope most of the GOP senators will be willing to follow. He does not just use the jurisdictional argument as a cover that allows him to avoid having to level any criticisms at the president. He does not shy away from the merits 1/
The University of Florida has a long track record of supporting free speech and our faculty’s academic freedom, and we will continue to do so.
Read the full university statement:
I lost my oldest friend this week. I am devastated. We had not spoken much in the past few months. I figured there’d be time to catch up later. I was wrong. Cherish the time you have.
RIP, Jason. You will be missed. You are missed already.
MSNBC’s
@SteveSchmidtSES
: “There will never, ever have been an American president with the power that Donald Trump possesses right now in this moment. Not FDR in the second World War. Not Lincoln in the Civil War."
When you are so desperate to stage a photo op that you’ll abuse your authority, but so disorganized that you don’t work out the actual staging of the photo op
Well, this explains why it was so awkward once Trump actually got to St. John's. (well, you know, aside from the tear gas — sorry, smoke canisters and pepper balls that cause tears — still in the air)
Faculty at
@UTAustin
are threatening: "No classes. No Work. No Assignments." For professors who want to do that, how about they get: "No employment. No Pay. No public funding." These people forget that they have jobs that taxpayers and parents pay for.
This message from Magill points to one clear possibility of where universities will land in the aftermath of the current situation — adopting policies that are even more speech restrictive and doubling-down on a discourse of safetyism.
Texas legislator's list of books to be pulled(?) from school libraries includes Jamie Raskin's book on student speech rights. Just trying to increase the odds of any action being struck down by the courts as a First Amendment violation?
National Republican Senatorial Committee contemplating new 2020 election strategy. Voters will only be allowed to know information that has been broadcast on Fox News.
A state attorney general should know that it would be entirely inappropriate & even unconstitutional for a state university to discipline in any way a professor for making disparaging remarks about a government official on social media. I trust
@LSU
explained that
His disparaging remarks about this LSU alumna can not be without consequence. I have spoken with President Tate and expressed my disdain and expectation for accountability.
You know what would be useful to preventing this from becoming a slippery slope? For the GOP House members to get on board the idea that a bright bipartisan line can be drawn between Sandy Hook truthers and everyone else.
Jim Jordan says Republicans holding Marjorie Taylor Greene accountable for her remarks (which include social media posts endorsing the murder of the House Speaker) is a slippery slope: "Tell me where it ends. Who's next? Think of the cancel culture."
I generally think there should be a very high bar to expelling members of legislatures, but this seems like a case in which the W. Virginia legislature should invoke Art. 6, sec. 25 of the state constitution
@SeanTrende
How I have dreamed of turning on the lights in the morning and discovering a racoon in my desk chair who had graded those papers I had left out for him the night before
"Free speech is one thing. Hate speech is entirely different,” says the lawyer & chair of a university board of trustees seeking to fire a tenured professor for his political opinions.
But don’t worry, hate speech exceptions will never bite the left.
This inadvertently illustrates the problem with this anti-CRT campaign. Not all of this language reflects CRT views. Much of this language is not unique to CRT views. If you get riled up if a teacher says "normative," you'll be triggered by basic civics.
if you're going to draft legislation to require the president to declare a specific national emergency to access preexisting statutory powers, why don't you just draft legislation to do the thing you want the president to do?
This is not a good development. The great virtue of Amazon was that you could order any book from them, unconstrained by the inventory constraints of brick & mortar. This policy will be a political football & arbitrary in application (as it already is).
Senate Majority Leader Mitch McConnell is discounting President Donald Trump’s early claim that he’d already won the election, saying it’s going to take a while for states to conduct their vote counts.
These senators are going to make me pull my hair out. Impeachments are the constitutional means for holding someone to account for misdeeds in public office. *If* those misdeeds are *also* ordinary crimes, he can also be held to account for those -- in an ordinary court.
And
@SenatorLankford
(OK) told me the Managers are building a criminal case against Trump and impeachment is not the place to hold him accountable.
“We can only do removal from office and then, barring someone from a future office. That's not holding someone to account.”
Kind of important for Congress to clearly state that it is intolerable for a president to rile up a mob to lay siege to the capitol while screaming for the head of the Vice President
“The impeachment itself becomes a vehicle for trying to establish the new normative commitments. The fate of the individual being impeached is less important than the message being sent.” 7/n
Surely nothing bad could come from setting the precedent that the president’s party will rally around him in Congress if he tries to steal an election and encourages goons to storm the Capitol
If the Senate sets a precedent that a former official can be convicted & disqualified it will be just a matter of time before a future House,under partisan pressure to “Lock Her Up”,will impeach & the Senate forced to try other former officials
A destructive slipper slope
The Marshall of the Supreme Court has ruled that if this gets enough retweets, Sessions will automatically be removed from office. If it gets enough likes, he’ll lose his citizenship.
Time for the Trump administration to accept Biden as the presumptive president-elect even if the Trump campaign continues its futile quest to change that