, 5 tweets, 1 min read
I've just begun perusing the D.C. Circuit opinion in Mazars, but at first glance it sure appears as if Judge Rao's dissent would conclude that the Ervin Committee Watergate investigation--and, e.g., the Iran/Contra and Whitewater investigations--were unconstitutional.
Correction: Later in the opinion she tries to distinguish those investigations by virtue of the fact that they weren't *exclusively* focused on the POTUS's possible wrongdoing. So Congress can only investigate the POTUS's possible lawbreaking if others were involved, too?
Would *anyone* write a constitution that imposed such a requirement?
P.S. For those of you who've been responding that Rao's opinion is unsurprising because Trump appointed her, please stop: There's plenty to criticize on the merits; no need to emulate Trump by insinuating that judges won't call things straight w/r/t the POTUS who appointed them.
Much more likely the causation flows in the other direction: Trump appoints strong executivists/formalists to the bench because he thinks (usually rightly) they'll protect his prerogatives if/when they act in accord w/their priors.
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