While we continue to believe that this third version fails that test, there is no question that by striking down the first two travel bans, the judiciary forced a recalcitrant administration to at least give its order the veil of constitutionality, we continue to believe, as do four dissenting justices, that the travel ban is unconstitutional, unprecedented, unnecessary and un-American.

Neal Katyal

Categorized in : US News

Justice Department's totally inconsistent with the special counsel regulations, which are all about, at their heart, providing public confidence in the administration of the rule of law.

Neal Katyal

politics

I'll let Anderson Cooper 360 speak for Anderson Cooper 360. I think Mr. Kellyanne Conway husband and I both have come to this with really just the simple idea that the Constitution is a bipartisan document, and you have a President who...( is) content to set fire to the Constitution.

Neal Katyal

politics

Judge Howell's comprehensive opinion denying the challenge to the special counsel regulation is no surprise. Republicans and Democrats alike for two decades have said the same -- the argument to the contrary is well out of the constitutional mainstream, president Trump can try other arguments in the months to come, but this one is going nowhere.

Neal Katyal

top-news

President Trump can try to argue that presidents are not amenable to subpoena under our Constitution, and that even if they are, the subpoena must be very narrow in scope, those are difficult arguments to make, but not impossible ones.

Neal Katyal

top-news

The president would be mistaken to interpret today’s decision as a greenlight to continue his unwise and un-American policies, as the Supreme Court has repeatedly said, not everything that is constitutional is good policy. The travel ban is atrocious policy, and makes us less safe and undermines our American ideals.

Neal Katyal

politics

I just want to make very clear the consequences of( the Trump administration) position for the INA.

Neal Katyal

top-news

With Mary, they are getting someone who represents not just the history, but the conscience, of this issue.

Neal Katyal

politics

Our founders recognized that 'men were not angels' and that checks and balances in government were critical to avoid threats to the rule of law.

Neal Katyal

angels government law men

Following the attack on Pearl Harbor, the United States uprooted more than 100,000 people of Japanese descent, most of them American citizens, and confined them in internment camps. The Solicitor General was largely responsible for the defense of those policies.

Neal Katyal

attack american more people

If Barr wants to keep defending Trump, he should take a page from one of his predecessors, Henry Stanbery, who stepped down as attorney general to serve as President Andrew Johnson's impeachment counsel. Stanbery, notably, tried to come back as attorney general after the impeachment proceedings concluded. The Senate did not confirm him.

Neal Katyal

down back impeachment president

Independence sounds good in theory, but in practice, it is mutually exclusive with accountability. The more independence you give a prosecutor, the less you make that prosecutor accountable to the public and regular checks and balances.

Neal Katyal

good you independence practice

It's such a dangerous thing for desperation to drive litigation.

Neal Katyal

thing drive desperation dangerous

Obstruction of justice requires a corrupt intent.

Neal Katyal

intent corrupt obstruction justice

If I got my hands on the Mueller report, the thing I'd want to see is what are the reasons why Barr made the conclusion about obstruction of justice that he did? Was it because of the facts? If so, why didn't he try and interview Trump to learn all the facts?

Neal Katyal

see justice hands facts

Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you're just a few feet away from the Chief Justice. You know, if you're sweating, they see you.

Neal Katyal

know you feet justice

It simply cannot be that the president can name his own temporary attorney general to supervise an investigation in which he and his family have a direct, concrete interest.

Neal Katyal

name own family temporary

In some cases, Justice Department leaders can supervise investigations despite having personal knowledge about the entities involved.

Neal Katyal

personal some justice knowledge

No one wants a president to be guilty of obstruction of justice. The only thing worse than that is a guilty president who goes without punishment.

Neal Katyal

without punishment guilty justice

I don't think that the Supreme Court really takes cases with kind of a theme in mind. They get about 10,000 requests a year, and what are called 'petitions for certiorari,' which are essentially 30 page documents which say, 'Hey, Court, hear my case.' And they don't take very many of them.

Neal Katyal

say year think mind

We have learned Trump's disregard for the truth, and the rule of law is real.

Neal Katyal

rule-of-law real truth law