Impeachment Proceedings

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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9 Responses

  1. Part of me would be interested in hearing how the actions of the OLC can be of such significance in this instance that they rise to the level of criminal enterprise but in a later instance that same OLC is irrelevant when Eric Holder doesn’t agree with them politically.

    While I think this would normally be a difficult set of articles of impeachment to draft, the Democrats are certainly fortunate to have such a respected expert as Alcee Hastings in their leadership to help guide them should they decide to go down this route.

  2. It is only “partly based on policy disagreements” insofar as the policy at issue here is one that is designed in a calculating if not wholly cynical fashion to ignore the applicable (i.e., rule of) domestic and international law. I voted for Obama but I think the administration is absolutely wrong on this issue (cf. posts by Heller at Opinio Juris, Crocker at Faculty Lounge, and Tamanaha and others at Balkinization).

  3. I meant to include Milanovic’s post at EJIL Talk! in my parenthetical list of references as well.

  4. peter says:

    Impeachment at the very least seems a good idea. Any lawyer who looks at the purported authority supporting those memos’ conclusions can draw only one inference: the authors were told what conclusion to reach and distort what authority they could find (which, even undistorted, was utterly off point) to fit that conclusion. Whatever lawyer obeyed those orders ought to be disbarred. Certainly that lawyer who became a judge should be impeached.

    Can tenure be revoked for a law professor who’s professional license should be taken away?

  5. just guessing says:

    my guess is that wiser heads within the current administration and moderate democrats in congress know that prosecutions will open up the issue to ferocious debate — and that it’s much easier to claim victory than to wrest it from a well defendant accused.

  6. John says:

    The interesting thing about your Eighth Amendment comment is that Bybee recently authored an opinion striking down a sentence as grossly disproportional under the Eighth Amendment, something that almost never happens.

    That said, I would certainly file a motion to recuse if I had a client in front of Bybee on a Eighth Amendment Bivens or 1983 claim.

  7. Piper says:

    Does that mean Congress should impeach Eric Holder for his role in sending fugitive slave Elian Gonzalez back to captivity?

  8. Jake says:

    Or the Congress might impeach the Secretary of State for obstruction of justice in the 1990s. The list goes on and on…….

  9. ParatrooperJJ says:

    The bar to public office is an additional punishment that must be specified.