Thread by @YAppelbaum

1. In January, I mounted the case that impeachment is the proper, constitutional mechanism for resolving allegations of criminal misconduct against a sitting president: theatlantic.com/magazine/archi…

2. In March, I argued that Mueller had taken the same position, summarizing the evidence of the president’s obstructive acts, and leaving it for Congress to adjudicate: theatlantic.com/ideas/archive/…

3. But today, I want to share an even more radical version of this argument, from a source you may not expect.

4. “Under the Framers' plan, the determination whether the President is making decisions based on "improper" motives or ... "faithfully" discharging his responsibilities is left to the People, through the election process, and the Congress, through the Impeachment process."

5. “The people's representatives stand watch and have the tools to oversee, discipline, and, if they deem appropriate, remove the President from office."

6. Moreover, the author argues, the system works. "Congress has usually been quick to respond to allegations of wrongdoing in the Executive and has shown itself more than willing to conduct investigations into such allegations."

7. It’s this willingness of Congress—to investigate, and when necessary, initiate impeachment proceedings—which means that the president is not above the law.

8. "The fact that President is answerable for any abuses of discretion and is ultimately subject to the judgment of Congress through the impeachment process means that the President is not the judge in his own cause."

9. This is a radical argument, because it’s paired with the assertion that the president can shut down any Department of Justice investigation into his own conduct—because, ultimately, such investigations are “voluntary” and “not legally compelled."

10. It is the argument that now Attorney General Bill Barr made in his unsolicited memo to Rosenstein, back in June 2018. Barr’s theory is that, at the end of the day, it is impeachment which maintains the rule of law, and places presidents beneath it.

11. This is the core case for impeachment. If the Department of Justice cannot charge a president, and the House will not even open impeachment hearings into his conduct, what recourse remains for the rule of law?
theatlantic.com/magazine/archi…