Tag Archives: Hillary Clinton

Constitutional Lessons From Comey’s Unwise “October Surprise” Decision to Comment on Clinton Investigation Yet Again

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Illinois law dean and law professor Vikram David Amar describes three takeaway lessons from FBI Director James Comey’s decision to comment on the ongoing Clinton email investigation a second time. Amar argues that (1) with respect to investigators, sometimes less formal independence means more latitude to act out, (2) the FBI director should not operate outside of DOJ bounds, and (3) the DOJ policy of not commenting on ongoing investigations arises from the Constitution.

Trump’s Final Strategy to Win the White House

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John W. Dean, former counsel to President Nixon, takes a close look at Donald Trump’s twofold strategy to win the election—Trump’s own electoral map, and his attempts to suppress voters. Dean argues that the only way for Trump to win is to bully his way into the White House, and Dean calls upon Democrats to prevent Trump and his supporters from using physical intimidation to suppress the vote.

Education, the 2016 Election, and the Future

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Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the connection between an educated society and a successful, effective representative democracy. Hamilton argues that a significant reason that uneducated voters are more likely to vote for Donald Trump than educated voters are highlights this country’s failure to ensure that every student is adequately educated, particularly with respect to government.

Two Big Legal Misconceptions That Have Recently Arisen in the Presidential Race

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Illinois Law dean Vikram David Amar and California civil litigation attorney Michael Schaps address two common misconceptions about the relationship between criminal law and politics that recently arose in the presidential race. Amar and Schaps explain first why the presumption of innocence does not apply to politics, and second, why the president actually does have the power to order prosecutions.

The WikiLeaks Nothingburger

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George Washington law professor and economist Neil H. Buchanan describes how news outlets are stretching to try to make news out of the contents of the Clinton campaign emails released by WikiLeaks. Buchanan argues that the emails reveal nothing remarkable or problematic about the Clinton campaign’s inner workings and in fact support her claim of fitness for presidency.

The Fury of the Mob: Comparing the Calls to Prosecute Clinton and Bush

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Cornell University law professor Joseph Margulies compares and contrasts Donald Trump’s call for Hillary Clinton’s imprisonment and the same call against George W. Bush. Although he disagrees with both attempts to seek prosecution, Margulies argues that the call for Clinton’s imprisonment is at best akin to a lynch mob, whereas at least the desire to have Bush prosecuted reflects a good-faith attempt to use the law to punish war crimes.

“Prison for Hillary”

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John W. Dean, former counsel to President Nixon, comments on Donald Trump’s recent calls for the imprisonment of Hillary Clinton. Dean points out that jailing political opponents is a tactic of dictators, not democracies.

Battle of the Sexist: The Implicit, Explicit, and Unrelenting Bias of Trump’s Presidential Campaign

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SMU Dedman School of Law professor Joanna L. Grossman and Boston University law professor Linda C. McClain discuss the sexism that pervades Donald Trump’s presidential campaign. Grossman and McClain comment not only on the presidential debates, but also on the bigger question whether (and how) a woman can be perceived as “presidential.”

Seeking to Criminalize the Clinton Foundation—A Footnote

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Former counsel to President Nixon, John W. Dean argues that comparisons between former Virginia Governor Robert McDonnell and Democratic presidential candidate Hillary Clinton are inapt. Dean points out several ways in which Hillary’s behavior did not rise even to the level of that of McDonnell, and the U.S. Supreme Court found that even the latter did not support conviction.

The Outrageously False Charges of Perjury Against Hillary Clinton

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John W. Dean, former counsel to President Nixon, discusses the charges of perjury and false statements brought against Hillary Clinton by congressional Republicans led by Bob Goodlatte and Jason Chaffetz. Dean closely scrutinizes the facts underlying the charges and concludes that the charges are utterly baseless and manifest an abuse of power beyond the pale of dirty politics.

An Open Letter to the Change-Maker Hillary Rodham Clinton on Behalf of Sexual Abuse Victims in the United States

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A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton writes an open letter to Democratic Presidential Candidate Hillary Clinton on behalf of sexual abuse victims around the country. Hamilton asks Clinton what she will do as President of the United States to address the problem of child sex abuse and to help improve victims’ access to justice.

Three Important Constitutional Lessons to Take From FBI Director Comey’s Statements About Hillary Clinton’s Email Management

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Illinois Law dean and professor Vikram David Amar describes three lessons we should take from FBI Director Comey’s statements about Hillary Clinton’s email management. First, Amar points out that the president is the ultimate decisionmaker when it comes to all criminal prosecutions. Second, he argues that there are other ways that Republican leaders could seek to punish Ms. Clinton for what they believe to be wrongdoing—such as the impeachment process. Finally, Amar suggests that to prevent Republicans (or others) from doggedly trying to prosecute Ms. Clinton for years to come, regardless of the outcome of the presidential election, President Obama could pardon her just before he leaves office, as other presidents have done in numerous instances.

Hillary’s James Comey Nightmare Likely Continues

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John W. Dean, former counsel to President Nixon, delves into the FBI’s findings regarding the Hillary Clinton classified email investigation, as explained in a recent statement by FBI Director James Comey. Dean further breaks down how the statements are likely to continue to adversely affect Clinton’s presidential campaign due to the vague nature of Comey's testimony, even after the FBI concluded that no reasonable prosecutor would pursue a criminal case on this matter.

Republicans Can Save Their Party if They Can Admit to Themselves That Clinton Is Tolerable

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George Washington University law professor and economist Neil H. Buchanan explains why it is in the best interests of Republican leaders for them to admit that Hillary Clinton would be a tolerable president, rather than to support Donald Trump. Buchanan argues that for them to continue to support Trump is to risk putting a dangerous loose cannon in the White House, who at best will render the Republican party unrecognizable, and at worst could tear apart the country.

What Do “High Negatives” Mean? Or: Hillary Clinton On Her Worst Day Is Better Than Donald Trump On His Best

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Neil H. Buchanan, a law professor and economist at George Washington University, discusses the negative opinions a large number of Americans hold about both Donald Trump and Hillary Clinton in the lead-up to the 2016 Presidential Election. He further explains how peoples' discontent with Clinton differs from that relating to Trump, revealing a stark disparity between the two candidates' qualifications to become President. Where Clinton's naysayers frequently offer vague or unsubstantiated complaints, Buchanan argues that the criticism aimed at Trump is far more substantive.

Even After Trump Loses, Constitutional Democracy in the United States Will Still Be in Peril

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George Washington law professor and economist Neil H. Buchanan explains why, whether Donald Trump wins or loses the presidency, constitutional democracy in the United States is seriously threatened. Buchanan argues that Trump’s stated plans for the country would effectively destroy our constitutional democracy, but even a Republican-caused gridlocked Congress under a President Hillary Clinton could cause a debt crisis and economic collapse.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more