In speeches sounding the alarm about “toxic” precedent, Sen. Mitch McConnell has set forth a questionable view of the law of impeachment with serious implications for the future of this constitutional re...

Senators are debating whether witnesses will appear at the impeachment trial. But if the Senate does vote to hear from witnesses, could executive privilege be utilized to block their testimony?

The inspector general’s findings on the Carter Page FISA applications are actually worse than the president’s defenders understand—precisely because Michael Horowitz did not find any kind of political co...

Unless Republican senators want to accept the facts laid out by the House leadership and restrict themselves to the legal question of whether those facts demonstrate impeachable conduct, they’re going to...

Congressional Republicans argue that the Federal Rules of Evidence should apply to the impeachment trial. But following these rules would guarantee that the Senate could hear from the witnesses that Mitc...

Legislators largely allowed the executive branch to take refuge in broad prophylactic doctrines that eliminated any need to consider Congress’s interests.

Any discussion of the obstruction charge against President Trump should take into account the historical constitutional disputes between Congress and the executive branch.