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6 Feb 2021, 10:35 am
Presumably, some of the signatories agree with me and my colleague Seth Barrett Tillman that the First Amendment does apply–or at least has some relevance–to impeachment proceedings. [read post]
4 Feb 2021, 3:19 pm
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Tuesday, February 2, 2020, the House of Representatives' Managers filed an 80-page trial memorandum or brief for the impending Senate impeachment trial. [read post]
3 Feb 2021, 3:00 pm
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
25 Jan 2021, 9:20 pm
Way back in September 2017, Adam wrote about the briefs Seth Barrett Tillman and I filed in the CREW litigation. [read post]
25 Jan 2021, 2:34 pm
Readers of this blog have no doubt followed my work on this case with Seth Barrett Tillman. [read post]
20 Jan 2021, 9:00 am
[This post is co-authored with Seth Barrett Tillman.] [read post]
20 Jan 2021, 5:00 am
Josh Blackman and Seth Barrett Tillman have offered the president some solace. [read post]
19 Jan 2021, 1:18 pm
It seems likely that if and when President Trump is put on trial in the Senate for high crimes and misdemeanors, his lawyers will argue that the president was exercising his First Amendment right to free speech in the weeks after the election—and, as a consequence, his words cannot form the basis of an impeachable offense. [read post]
19 Jan 2021, 10:43 am
Seth Barrett Tillman has suggested that the president is not an “officer of the United States,” in which case the presidency would not be a triggering office. [read post]
17 Jan 2021, 12:21 pm
[This post is co-authored with Seth Barrett Tillman.] [read post]
14 Jan 2021, 11:35 am
[This post is co-authored with Seth Barrett Tillman.] [read post]
8 Jan 2021, 1:17 pm
In an interesting recent post, co-blogger Josh Blackman and Seth Barrett Tillman argue that President Trump cannot be impeached and convicted for his role in inciting the riot at the Capitol because he was engaging in First Amendment-protected speech. [read post]
8 Jan 2021, 12:57 am
[If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment. ] [This post was co-authored by Josh Blackman and Seth Barrett Tillman] Over the past four years, we have defended many of President Trump's actions as a constitutional matter, while criticizing those actions as a policy matter. [read post]
15 Oct 2020, 1:54 pm
Seth Barrett Tillman made this case, and I have yet to see anyone respond. [read post]
2 Oct 2020, 9:11 pm
In November 2019, Seth Barrett Tillman and I explained our disagreement with the Amars in The Atlantic. [read post]
2 Oct 2020, 4:24 pm
[In November, Seth Barrett Tillman and I wrote that Speaker Pelosi can succeed to the Presidency] In light of recent events, I'd like to flag an Op-Ed I wrote in November, 2019 with Professor Seth Barrett Tillman. [read post]
11 Sep 2020, 7:55 am
(See Seth Barrett Tillman's excellent article). [read post]
22 Aug 2020, 8:39 am
Josh Blackman and Seth Barrett Tillman argued that while the new Abuse of the Pardon Prevention Act may seem like a wise idea in the current moment, it would prove dangerous for the future of American politics. [read post]
21 Aug 2020, 12:28 pm
Josh Blackman and Seth Barrett Tillman argued that while the new Abuse of the Pardon Prevention Act may seem like a wise idea in the current moment, it would prove dangerous for the future of American politics. [read post]
20 Aug 2020, 1:07 pm
[Seth Barrett Tillman and I consider the constitutionality of this new bribery regime.] [read post]