“Of course, there is no open impeachment inquiry now. But that could quickly change if Mr. Mueller writes a report that is anything less than a full clearing of the president: Congress would be under a constitutional obligation to investigate the facts for itself. Congress cannot be satisfied that impeachable offenses were not committed when Mr. Mueller’s investigative mandate did not cover many impeachable offenses, and when his report does not provide detailed information and answers to the few offenses that are within his mandate. This is where Mr. Mueller’s “by the book” behavior may be initially unsatisfying to Mr. Trump’s critics but ultimately more threatening to the president in the long run.
The overlapping investigations by different entities, housed in different branches of government, spanning geography and even different governments (such as the New York attorney general’s investigation into the Trump Foundation), make it difficult for anyone, even Attorney General Barr, to end the inquiries.
This news may be disappointing, for various reasons, to the president’s critics and supporters alike. But the ultimate result is a good one. It means the truth is likely to come out — maybe not on the timetable anyone wants, but it will. So whenever Mr. Mueller turns in his report, do not assume that things are over. Like “The king is dead, long live the King,” the investigations here serve a purpose that transcends any one individual or law enforcement entity. This is the architecture of our Constitution, which is designed to ferret out high-level wrongdoing through a variety of channels for the American public to see.”
“By forcing out Attorney General Jeff Sessions and appointing Mr. Sessions’s chief of staff, Matthew Whitaker, as acting attorney general to take over the Justice Department — and, not incidentally, the investigation by the special counsel, Robert Mueller — President Trump has set off a storm of legal questions.
Does the appointment of Mr. Whitaker comport with the Appointments Clause of the Constitution or the Federal Vacancies Reform Act of 1998? Doesn’t the law give control of the department to Rod Rosenstein, the deputy attorney general who appointed Mr. Mueller and oversaw the investigation because Mr. Sessions had recused himself?
To add to the academic discussion, the Justice Department’s own Office of Legal Counsel, which weighs in on major legal questions, gave its imprimatur to Mr. Trump’s decision on Wednesday. Now the state of Maryland and at least one criminal defendant are challenging the legality of Mr. Whitaker’s appointment in hopes that a federal judge will declare it invalid.
But all of this debate, hairsplitting and litigation distracts from a more persistent question: Is it O.K. for a president to shut down an investigation of himself? To answer that question yes is to take the position that not only this president, but any president in the future, is free to take the law into his own hands.”
“WASHINGTON — The Supreme Court rejected on Monday a second emergency application from Republican lawmakers in Pennsylvania seeking to overturn decisions from that state’s highest court, which had ruled that Pennsylvania’s congressional map had been warped by partisan gerrymandering and then imposed one of its own.
The ruling means a new map drawn by the Pennsylvania Supreme Court will very likely be in effect in this year’s elections, setting the stage for possible gains by Democrats. Under the current map, Republicans hold 12 seats while Democrats hold five and are expected to pick up another when the result of a special election last week is certified.The latest application was denied by the full Supreme Court without comment or noted dissents.”
David Lindsay: The resistance to GOP Trumptopia just got a boost from the Supreme Court! Thank you for calling one for democracy. Pennsylvania districts will be un-gerrymandered
“As public scrutiny exposes deep flaws in the memo from the chairman of the House Intelligence Committee, Devin Nunes, about alleged F.B.I. surveillance abuses, the committee’s Republicans are increasingly downplaying its significance. Mr. Nunes’s colleagues are right to seek some distance from this caper — not to mention other similar memos he has hinted at releasing. That’s because by writing and releasing the memo, the chairman may just have landed himself, and his staff members, in the middle of Robert Mueller’s obstruction of justice investigation.
This risk emerged when Repesentative Mike Quigley, a Democrat on the committee, asked Mr. Nunes whether he or his staff coordinated the memo with the White House. Mr. Nunes said he had not — but refused to answer the same question about his staff. Facing a second round of questions on this issue during a committee meeting last week, Mr. Nunes again demurred, except to read a narrow statement that the White House was not involved in the actual drafting.In additional comments to the press, the committee staff director noted the memo was a “‘team effort’ that involved investigators who had access to source material.”