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Can The Rule Of Law Survive Trump?, Rebecca Roiphe Jun 2018

Can The Rule Of Law Survive Trump?, Rebecca Roiphe

Other Publications

This post originally appeared on https://www.nybooks.com/daily/2018/06/01/can-the-rule-of-law-survive-trump/


Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe Jan 2018

Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe

Articles & Chapters

As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …


The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe Jan 2018

The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe

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No abstract provided.


Which Came First, The President Or The Lie?, David Schoenbrod Jan 2018

Which Came First, The President Or The Lie?, David Schoenbrod

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No abstract provided.


Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard Jan 2018

Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard

Other Publications

No abstract provided.


May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe Jan 2018

May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe

Articles & Chapters

Suppose the president sought to serve as prosecutor-in-chief telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president's direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …