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Presidential Power

Readings and resources concerning presidential power.

Criminal Liability

Charlie Savage, Can the President Be Indicted? A Long-Hidden Legal Memo Says Yes, N.Y. Times (July 22, 2017). Discusses internal memos prepared during Nixon and Clinton presidencies. Links to 1998 memo from Prof. Ronald Rotunda to special prosecutor Kenneth Starr, opining that president could be indicted.

Benjamin Davis, United or Untied: On Confronting Presidential Criminality in the Savage Wars of Peace, SSRN (June 19, 2017). 84 Tenn. L. Rev. ____ (forthcoming 2017).

Obstruction of Justice

Charlie Savage, Trump, Comey and Obstruction of Justice: A Primer, N.Y. Times (June 8, 2017).

Daniel Jacob Hemel & Eric A. Posner, Presidential Obstruction of Justice, SSRN (July 18, 2017).

Special Prosecutors

Sam Williams, The History and Law of Special Counsel, Gallagher Blogs (Aug. 14, 2017)

Special Prosecutor - Legislation

Senate Committee on the Judiciary, Hearing on Special Counsels and the Separation of Powers, Sept. 26, 2017. Webpage includes video (2:45:00) and prepared statements of chairman Chuck Grassley and law professors Akhil Reed Amar, Eric Posner, Stephen Vladeck, and John Duffy.