Investigating American Presidents

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The president of the United States of America can shape not just a nation but the entire world. But what limits are there—if any—on presidential power? How do we keep such awesome authority in check? And who do we trust to shoulder this responsibility? In the centuries since the founding of the republic, there have been notable challenges to presidential authority. Among these are investigations, designed to seek out and uproot abuses of executive power. They are built on a system of institutions, laws, and policies that govern how our nation protects itself from corruption and tyranny. Even today, we see this system at work in controversies and scandals that appear in the media almost daily. The potential corruption of presidential power isn’t a new feature of American democracy—and it’s likely not going away anytime soon. How should citizens—not only of the U.S. but of the world—think about and understand investigations into such abuses? According to law professor Paul Rosenzweig of The George Washington University School of Law, understanding investigations into presidential authority requires grasping the legal framework that surrounds what the president can and cannot do. By exploring how a presidency can be interrogated and challenged, you’ll better understand the effectiveness—and, in some cases, ineffectiveness—of such checks on executive power. In the 12 eye-opening, timely lectures of Investigating American Presidents, Professor Rosenzweig guides you through the ins and outs of presidential investigations, using past events as a lens through which to make sense of current (and future) ones. You’ll witness the construction of the legal framework that informs how Congress and the courts handle charges of abuse of power. You’ll also dive into the investigations of presidents including Andrew Johnson, Ulysses S. Grant, Richard Nixon, and Bill Clinton as a way to learn what powers exist to ensure that presidents adhere to the rule of law—and how they apply in our current political moment. Ponder Great Legal and Political Questions Democratic nations like the United States of America understand the need for executive effectiveness. But they also understand the importance of transparency and accountability. Investigating American Presidents illuminates the importance of how the American government exercises that need for transparency. With his political and legal insights—based in part on his first-hand experience in the Whitewater investigation of the 1990s—Professor Rosenzweig guides you along the entire path of investigations into potential misuse of presidential power, from the establishment of legislative committees through the impeachment process. Along the way, you’ll explore fascinating questions including: How is it that a president has the power and authority to fire the person who is investigating him—and does the legality of that power matter? Is it legal to indict a sitting president and, if so, what does that do to the management of the country or the rule of law? What makes the court of public opinion such an invaluable way for a president to fight back against his or her investigators? Which legal principles (such as those involving client confidentiality) apply to a president, and exactly how? What would happen if, after receiving a grand jury subpoena and losing a case before the Supreme Court, a president were to simply refuse to testify? What advantages does a president under investigation have that aren’t available to the average American—and what disadvantages, as well? Designed to help you better understand the intricacies of everything from presidential pardons and independent counsels to obstruction of justice and the power of public opinion, Professor Rosenzweig’s lectures offer new ways to look at presidential investigations that go beyond the news analyses that you might have read or seen on television. Examine Famous Presidential Scandals Investigating American Presidents guides you through some of the most powerful and potent examples of how presidents have tried to misuse their power—and how the government and the public have responded. You’ll learn about: The Whiskey Ring crisis that reached its climax during President Ulysses S. Grant’s second term in office in 1875, and is seen as one of the singular examples of his mismanagement of the executive branch. The Teapot Dome scandal, which engulfed the administration of Warren G. Harding in 1922 and was considered by one prominent historian as “the most sensational scandal in the history of American politics” before Watergate. The Watergate scandal, which led to Richard Nixon’s resignation from office and persuaded Congress—for a time—of the necessity of a truly independent form of investigative authority (leading to the now-defunct Independent Counsel Act). The Clinton investigations, in which President Clinton employed four different tactics to achieve a public relations victory that convinced the American public his framing of the dispute was the more convincing one. Get an Unbiased, Nonpartisan Perspective Throughout the course, Professor Rosenzweig offers a nonpartisan, unbiased view of a sometimes volatile subject. His lectures aren’t concerned with political parties, but rather with the overarching progress and themes of American political and legal history. It’s a comprehensive, balanced perspective that reflects Professor Rosenzweig’s career not just in education but in law. A former prosecutor turned defense attorney and national security lawyer, he uses his career experience in tandem with his insights as a scholar and educator to provide an insider's view of the laws governing executive power and presidential investigations. The result: 12 lectures that are detailed enough for legal experts yet accessible to learners with only a basic understanding of how the U.S. government and the justice system work. A Stirring Reminder of American Justice When a president abuses power, he or she harms the very fabric of American government. Lies, corruption, exploitation—they all undermine American citizens’ belief in the fairness of government and shatter our faith in its long-honored principles. But Investigating American Presidents provides us with good reason for hope. As Professor Rosenzweig demonstrates, the presidential investigations of the past offer a stirring reminder that no one—not even the “unitary executive” of the presidency created by the Founding Fathers—is completely above the law.

Author(s): Paul Rosenzweig
Series: The Great Courses
Publisher: The Teaching Company
Year: 2018-10

Language: English
Pages: 130

Professor Biography......Page 3
Course Scope......Page 5
Lecture 1— American Presidents and the Rule of Law......Page 8
The Creation of the Presidency......Page 10
Checks and Constraints on Presidential Authority......Page 11
Investigating Presidential Conduct......Page 12
Lecture 2— Presidential Investigations through History......Page 18
The Election of 1824......Page 20
The Impeachment of Andrew Johnson......Page 21
The Whiskey Ring......Page 23
The Presidential Election of 1876......Page 24
The Teapot Dome Scandal......Page 25
McGrain v. Daugherty......Page 26
Lecture 3— Separation of Powers and the Presidency......Page 28
The First Executive Investigation......Page 30
The Origin of Judicial Review......Page 31
Abuse of Judicial Review......Page 32
Enforcing Rulings......Page 33
Congressional Investigation......Page 34
Congress and President Trump......Page 36
Lecture 4— Watergate and the Special Prosecutor......Page 38
The Watergate Break-In......Page 40
The Appointment of Archibald Cox......Page 41
Myers v. United States......Page 42
Humphrey’s Executor v. United States......Page 43
Nixon’s Impending Impeachment......Page 45
Nixon’s Resignation......Page 46
Lecture 5— Rise and Fall of the Independent Counsel......Page 48
Differences between US and British Government......Page 50
The Independent Counsel Act......Page 51
Morrison v. Olson......Page 52
The End of the Independent Counsel Act......Page 53
The Special Counsel......Page 54
President Trump and Special Counsel Mueller......Page 55
New Independent Counsel Legislation......Page 56
Lecture 6— Can a Sitting President Be Indicted?......Page 58
The Indictment of Spiro Agnew......Page 60
United States v. Nixon......Page 61
Clinton v. Jones......Page 62
Arguments against Presidential Indictment......Page 63
Arguments for Presidential Indictment......Page 65
Lecture 7— Presidential Use and Abuse of Privileges......Page 68
Finding the Truth......Page 70
Attorney-Client Privilege......Page 71
Limitations on Attorney-Client Privilege......Page 72
Executive Privilege......Page 73
Limitations on Executive Privilege......Page 74
Lecture 8— Presidents, Prosecutors, and Public Opinion......Page 77
Prosecutorial Discretion......Page 78
The Investigation of Bill Clinton......Page 79
Discrediting Accusers......Page 80
Questioning Investigators’ Conduct......Page 82
Changing the Topic......Page 83
Conclusion......Page 84
Lecture 9— The Pardon Power and Its Limits......Page 86
The Pardon Power......Page 88
How the Pardon is Used......Page 89
Limitations on Pardon Power?......Page 90
Can the President Self-Pardon?......Page 92
Lecture 10— Presidential Lies and Cover-Ups......Page 96
Criteria of a Lie......Page 98
Obstruction of Justice......Page 100
Contempt of Court......Page 102
Lecture 11— The Value of Investigative Reports......Page 104
Department of Justice Policy......Page 106
Rules in Presidential Investigations......Page 107
Independent Counsel Reports......Page 108
Special Counsel Regulations......Page 110
Lecture 12— The Law and Politics of Impeachment......Page 112
Impeachment Basics......Page 114
The Impeachment of Samuel Chase......Page 115
Grounds for Impeachment......Page 117
The Politics of Impeachment......Page 118
Conclusion......Page 120
Bibliography......Page 122
Image Credits......Page 128