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Wednesday, October 21, 2020

Curbing Presidential Power

 At NYT, Peter Baker reports on bipartisan proposals from Harvard law professor Jack Goldsmith, an assistant attorney general under President George W. Bush, and Robert F. Bauer, a White House counsel under President Barack Obama.  Their ideas include:

  • Provide more authority and protection for future special counsels investigating presidents or other high-level officials and have them report their findings to Congress and the public rather than to the Justice Department.
  • Prohibit presidents from pardoning themselves and amend the bribery statute to make it illegal to use the pardon power to bribe witnesses or obstruct justice.
  • Bar presidents from managing or supervising private businesses or establishing blind trusts for their financial assets and require any business in which they have an interest to file public reports.
  • Authorize inspectors general to investigate and report on reprisals or intimidation of journalists.
  • Revise the authorization of force passed after Sept. 11, 2001, to prohibit humanitarian military intervention without additional votes by Congress and limit the use of nuclear weapons to self-defense in extreme circumstances.
  • Ensure that the attorney general makes decisions on prosecutions involving the president or presidential campaigns, not the F.B.I. director, as happened during the Hillary Clinton email case.