Unbundling the First Amendment: Lessons from an Impeachment

March 1, 2021

A broad consensus of legal analysts—joined, it seems, by most senators of both political parties—recognizes that former President Donald Trump did not have a valid First Amendment defense at his second impeachment trial.  But the discussion that the trial occasioned about First Amendment defenses in impeachment trials suffered from a lack of precision about what…

President Trump, #MeToo, and Congressional Power

February 20, 2018

Does Congress have the power to investigate the allegations of sexual misconduct against President Trump, as Senator Kirsten Gillibrand recently demanded? Could Congress impeach the President on those grounds? Answering these difficult questions requires an appreciation of the limits of congressional authority to hold the President accountable for past transgressions. A #MeToo Reckoning for Trump?…