Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on President Trump’s Fourth of July speeches, in which the President described a nation at war with itself and its legacy. Sarat points out the irony of Trump accusing others of lying about or attempting to erase the past, and he notes that Trump’s own distortion of historical facts is a tactic that authoritarian, fascist, and totalitarian regimes have used in the past to legitimize the regime or erase inconvenient truths.
Touro law professor Rodger D. Citron analyzes the oral arguments in the cases before the U.S. Supreme Court regarding demands for President Trump’s financial records. Citron explains why it seems likely that the Court will reverse the lower courts’ decisions refusing to quash the House committee subpoenas and offers a number of observations based on his review of the transcript.
In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election.
UF Levin College of Law professor Neil H. Buchanan reiterates his argument that Donald Trump will refuse to leave the White House even if he loses the 2020 election and considers why journalists are only just now beginning to recognize that as a possibility. Buchanan laments the possibility that there is nothing to be done about this existential threat to America’s constitutional democracy.
Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on Tuesday’s oral argument before the U.S. Supreme Court in Trump v. Vance, which raises the question of whether the President should be able to shield his tax and financial records from a congressional subpoena. Sarat urges that the Court see through the grandiosity and paranoia of the President’s legal claims, arguing that the future of a government of limited powers and the rule of law hangs in the balance.
Cornell Law professor Sherry F. Colb comments on recent sexual assault allegations against presumptive Democratic nominee Joe Biden. Colb argues that if the only choices for President are Donald Trump and Joe Biden, the sexual assault allegation against the latter will take second fiddle to the need to defeat the former and defends this perspective as not manifesting hypocrisy or indifference to sexual assault or other intimate violence.
UF Levin College of Law professor and economist Neil H. Buchanan continues his discussion considering the future of the rule of law in the United States. Buchanan argues that even assuming a “long arc of American political history,” knowing that eventually, another group of heroes might rise is comforting only in a vague sense.
UF Levin College of Law professor and economist Neil H. Buchanan reflects, based on current trends, on what the legal system in the United States will look in a few years. Specifically, Buchanan considers whether the country will become a “banana republic” or whether instead we will see a system of “legalistic lawlessness.”
Neil H. Buchanan, law professor and economist at UF Levin College of Law, contemplates the world in which we are likely to live if, as Buchanan argues is inevitable, President Trump refuses to leave office even after losing the 2020 election. Focusing in this column on the effects on government employees and contractors, Buchanan predicts that our society will be almost unimaginably worse a year from today and thereafter.
Cornell law professor Michael C. Dorf offers one interpretation of Chief Justice John Roberts’s annual year-end report on the federal judiciary—that the Chief Justice intends to serve as a modest counterbalance to President Trump. Dorf supports his interpretation with text and context of the year-end report but offers his cautious praise to the Chief Justice with a few important caveats as well.
NYU law professor Samuel Estreicher and 3L Christopher S. Owens analyze, based on the facts presently known to the public, whether President Trump committed the federal crime of battery. After describing the elements required for the offense of bribery, Estreicher and Owens conclude that Trump’s conduct would support a finding of an exchange of official acts (by Trump) for things of value (the public statement sought from Zelensky), as well as the corrupt intent necessary to maintain a bribery charge.
Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why former National Security Advisor John Bolton may hold the key to what happens with the impeachment proceedings of President Trump. Falvy describes Bolton’s background and shows why he may play such a critical and unique role in what happens to the President.
Neil H. Buchanan, a University of Florida Levin College of Law professor and economist, argues that a 2020 win for President Donald Trump would likely to lead to the end of constitutional democracy. Buchanan points out that the demise would be due not only to what Trump would do if reelected, but also what the Democratic Party and the media would do to pretend that the victory resulted from legitimate processes.
Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, discusses the private testimony of U.S. diplomat Bill Taylor regarding President Trump’s interactions with Ukraine. Falvy argues that by meticulously tracking his digital and verbal conservations with other high-level players, Taylor is forcing the implicated officials to engage at a similar level of detail and precluding them from asserting blanket “I do not recall” defenses.
Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, comments on President Trump's recent visit speech at the United Nations Event on Religious Freedom that promotes his administration's brand of religious liberty. Hamilton argues that Trump is leading the nation toward toxic religious liberty that our nations framers—and particularly James Madison—warned against and attempted to prevent.
In this first of a two-part series of columns, University of Florida Levin College of Law professor and economist Neil H. Buchanan responds to the claim that President Trump is helping the U.S. economy. Buchanan argues that beneath the “somewhat good” aggregate numbers, most people in this country are suffering genuine damage, including not having health care insurance and being perpetually on the verge of financial ruin.
Cornell Law 3L Jareb A. Gleckel and professor Sherry F. Colb argue that President Trump’s overarching goal in his presidency is not to benefit the country but to create a legacy for himself, and a wall along the U.S.–Mexico border would be the pinnacle of such a legacy. Gleckel and Colb draw a comparison to Dr. Seuss’s character Yertle the Turtle, who had similar lofty ambitions, and call upon Americans to expose the President’s true motives and thus undercut his malign pursuits.
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.
Cornell University law professor Michael C. Dorf describes some of the key similarities and differences between the most recent iteration of President Trump’s ban on entry to the US by certain foreign nationals (“Travel Ban 3.0”) and earlier versions, and considers whether these differences will affect the determination of the policy’s legality. Although the Supreme Court might not ultimately be the court that answers the question, Dorf points out that we may have an answer before too long.
John W. Dean, former counsel to President Richard Nixon, describes President Trump’s lifelong history of being in fights—with wives, business partners, vendors, tenants, the news media, and countless others. Dean argues that Trump’s fight tactics include lying, cheating, and seeking to intimidate—skills he likely learned from New York City attorney Roy Cohn.