Congress’ Impeachment Power and the Case of Presidential Obstruction

Bob Bauer – Lawfare: “Josh Blackman, in three successive postings for Lawfare, and co-commentators David Rivkin and Lee Casey in a separate piece for the Wall Street Journal, have been developing the case that a president firing an FBI director or other senior law enforcement official may not subject to impeachment for obstruction of justice. Their approaches are somewhat different: Blackman is working out a more fully developed, nuanced theory of how we should see a conflict between congressional impeachment power and claims of executive authority. But these authors have all offered support for the proposition that, however corrupt or (as Rivkin and Casey put it) “nefarious” a president’s motive may be, his constitutional authority necessarily includes removing from office those officials who presumptively answer to him. Congress, they say, must stand down…There is a still another problem with the argument that the president’s…

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