Trump’s favorite words have come back to haunt him by way of Geoffrey Berman.
for doing what U.S. attorneys are supposed to do — enforce the law. Berman’s treatment was part of a broader pattern of Trump abusing his power to remove executive branch employees. Congress can – and must – protect against this abuse. Otherwise, democracy itself is at risk.
When Berman refused, he was fired. And he wasn’t the only executive branch official Trump dismissed to hinder criminal investigations of himself and those around him and to encourage investigations of his political enemies. Trump dismissed FBI Director James Comey, Attorney General Jeff Sessions and other top law enforcement officers, and repeatedly threatened to fire others such as Special Counsel Robert Mueller, simply for doing their jobs.
To be clear, a president has wide latitude to remove executive branch officers under Article II of the Constitution. But there are limits, and Trump frequently pressed or surpassed those limits. As Professor Claire Finkelstein and I explain in a new law review article,, or, what is more common, to help him in covering up a crime. To argue otherwise is to argue that the framers contemplated a Constitution condoning and protecting a criminal president.
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