Cornell University law professor Joseph Margulies considers the contention that President Trump's frequent tweets criticizing the ongoing investigation by Special Counsel Mueller and others are an assault on the "rule of law." Margulies notes that the prevailing view on this rather nebulous concept seems to be that the law must be allowed to operate without criticism from anyone it targets. Not only is this interpretation overly literal and simplistic, Margulies argues, President Trump’s criticism also does not amount to such an assault. The president’s attempts to interfere with the ongoing investigation, his order for Special Counsel Mueller to be fired, and other actions, on the other hand, come far closer to constituting an (attempted) assault on the rule of law.
John W. Dean, former White House counsel under President Richard Nixon, continues his series of columns analyzing Donald Trump's "base." In this column, Dean explores the observation that the core supporters of Trump's presidency are best described by social scientists as "authoritarians."
George Washington law professor and economist Neil H. Buchanan comments on the apparent conflict between President Trump's declaration that the Deferred Action for Childhood Arrivals (DACA) program is unconstitutional and his decision to delay ending it. Buchanan considers whether the inconsistent positions with respect to the program actually affect the constitutional options available to him.
John W. Dean, former counsel to President Richard Nixon, continues his series of columns discussing Donald Trump's base-the persistent 24 percent of people who voted for him or who have spoken approvingly of him to pollsters. Though Dean awaits the results of one of the major studies of Trump's base, he notes that the 2016 exit poll demographics suggest that given Trump's 12-point margin over Clinton with men, his base is predominately male.
Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, calls out politicians who are complicit in the misogyny of the current administration and argues that the religion of "family values" and "American values" and the "right to life" is now a coopted faith.
Cornell University Michael C. Dorf explains the symbolism of President Donald Trump's announcement during his State of the Union address that he would be keeping the detention facility at Guantánamo Bay open. Dorf points out that despite the extraordinarily high cost of keeping the facility open, Republicans support its continued operation simply as repudiation of President Obama, who wanted to close it. Dorf points out that Republicans' opposition to closing Gitmo during the Obama presidency also jibed with the not-so-veiled racism of many Republicans who questioned Obama's citizenship and commitment to the US (disregarding the fact that President Bush actually released more Gitmo detainees than President Obama did).
Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, critiques President Donald Trump for failing to mention the #MeToo movement during his State of the Union address. Hamilton posits that like Dr. Larry Nassar, who was accused of sexually abusing 265 young gymnasts, Trump believes he can indefinitely deflect questions about sexual assault, but she argues that he can do so only because the Republicans and evangelicals are propping him up.
George Washington law professor and economist Neil H. Buchanan calls out media outlets for blaming Democrats (or at least calling it a Democratic failure) for the government shutdown. Buchanan describes the generally favorable political environment for Democrats but the dangerous terrain they face, and he reiterates the point that the press unfairly applies different rules when covering Democrats and Republicans.
Cornell University law professor Michael C. Dorf argues that regardless of the outcome of President Trump's "Travel Ban 3.0" before the US Supreme Court, the litigation challenging the Travel Ban should be regarded as a victory over Trump's effort to rule by diktat. In support of this argument, Dorf points out that the litigation makes it abundantly clear to the American people that Trump remains every ounce the same vile and petty would-be tyrant that he appeared on the campaign trail.
In this first of a two-part series of columns, John W. Dean, former counsel to President Richard Nixon, considers who it is that comprises Donald Trump’s “base.” Dean describes the ways in which polls have correctly and incorrectly described Trump’s supporters and comments on the steady few who seem to support him no matter what.
Cornell University law professor Michael C. Dorf comments on the recent announcement by Attorney General Sessions that the Trump Department of Justice was rescinding an Obama administration policy toward state-legal marijuana. Dorf argues that the policy shift breaks promises by then-candidate Trump and then-Senator Sessions, but that objections to the new policy on federalism grounds are largely misguided.
John W. Dean, former counsel to President Richard Nixon, comments on former Trump campaign manager Paul Manafort’s civil action attacking Special Counsel Robert Mueller. Dean agrees with many other legal commentators that Manafort’s lawsuit is a publicity stunt and posits that, further, it gives Manafort’s lawyers a way to talk about his prosecution by the special counsel without violating the gag order imposed in the criminal case.
George Washington law professor and economist Neil H. Buchanan describes several instances in which supposedly neutral (or even liberal) sources are unjustly criticizing Democrats for everything they do, characterizing them as hapless losers. Buchanan explains why this criticism is not only unfair but worse than even false equivalence arguments.
George Washington law professor and economist Neil H. Buchanan discusses allegations of sexual misconduct aimed at Democratic men in power and the opposing views progressive writers have taken as to whether these men should resign. Buchanan considers arguments for and against resignation, and reasserts his stance that these men should not be allowed to remain in office. Moreover, Buchanan argues, Democrats should be less fixated on defending these men against Republican attacks (especially those who have not been in office for years) than they are on issues that truly matter in current United States politics.
Cornell University law professor Michael C. Dorf considers the recent spate of sexual misconduct allegations in the political sphere and entertainment industry, and notes how much less inclined to action and condemnation the former is compared to the latter. Dorf illustrates this point by considering the allegations against Donald Trump and Roy Moore, as well as various well-known Hollywood players, then evaluates several factors that may explain the contrast in reactions. Dorf concludes that the polarized, partisan state of our government, coupled with weak political parties, ultimately leaves Washington far more powerless to purge offending individuals than Hollywood.
George Washington law professor and economist Neil H. Buchanan discusses politicians' current fixation on the budget deficit and argues that Democrats who take an anti-deficit stance to attack the Republican tax bill are playing right into Republicans’ hands. Buchanan explains why blanket declarations about decreasing the budget deficit as a tax reform fix-all are problematic and cautions Democrats (along with journalists who report on tax reform issues) to be mindful of the arguments they choose when countering Republicans.
George Washington law professor and economist Neil H. Buchanan considers the irony of the (hopefully remote) possibility that people might resort to violence to keep President Trump in power. Buchanan explains the “insurrectionist view” of the Second Amendment, which has never been credited by the Supreme Court, but which holds that the founders included the gun-related amendment in the Bill of Rights to prevent the federal government from running roughshod over the people. Buchanan points out the circular logic that under the insurrectionist view, the reason people need guns is to prevent the government from taking their guns.
Cornell University law professor Joseph Margulies describes the ongoing military commissions operating at Guantanamo, costing US taxpayers over $90 million per year. Margulies explains why the commissions are are all symbol and no substance but why politicians will never suggest that they be shut down.
George Washington law professor and economist Neil H. Buchanan argues that economic inequality is the political and economic issue of our time, and now is the perfect opportunity for Democrats to push toward a solution. Buchanan decries the claim that the correct path is to triangulate between the policies of the left and the right and explains why now, more than ever, progressive policies are the best response.
George Washington law professor and economist Neil H. Buchanan argues that a Clinton victory in 2016 would have been better for Republicans than Trump has been. Buchanan explains why Republican obstructionism, if carried into a Clinton presidency, would have meant longer-term wins for Republicans across multiple branches of government.