QUOTES by Neal Katyal
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Many programs are built on the government's spending power, and the existence of an extraconstitutional limit on that power is a worrisome development.
Quote by -Neal Katyal
There is no doubt that dissents can serve a useful role by explaining when a justice thinks the majority has gone off the deep end. But unanimity also sends its own powerful message - one that might be eclipsed in the headlines by a sensational dissent but could ultimately have a greater impact.
Quote by -Neal Katyal
People tend to take more risks in groups than alone. For these reasons, the law has always treated conspiracy harshly.
Quote by -Neal Katyal
I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence - a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.
Quote by -Neal Katyal
I don't think that the Supreme Court really takes cases with kind of a theme in mind. They get about 10,000 requests a year, and what are called 'petitions for certiorari,' which are essentially 30 page documents which say, 'Hey, Court, hear my case.' And they don't take very many of them.
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In general, presidents do sit for interviews or respond to requests from prosecutors because they take their constitutional responsibility to faithfully execute the laws seriously, and running away from a prosecutor isn't consistent with faithfully executing the laws.
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Merrick Garland was the most qualified nominee, not just in our lifetimes but perhaps in the history of the United States Supreme Court. The chief judge of the D.C. Circuit for 20 years, the nation's second-highest court. Never once been overruled by the Court in his 20 years. He was extraordinary.
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Presidents routinely testify in criminal cases. You know, George W. Bush did it with Valerie Plame. Bill Clinton did it three times with Ken Starr. Gerald Ford did it with respect to a testimony about a Charles Manson follower. And Ronald Reagan, I think, is perhaps the most important precedent.
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When I was at the Justice Department, there were these people who I called legal Houdinis, who - they would find any law; they would find a loophole and a way around it and often very tendentious and not true, and, you know, these are people who didn't respect the rule of law. But, you know, those people were there.
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My parents wanted to keep me away from girls, so they sent me to a Catholic boy's school, the Loyola Academy in Chicago.
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President Clinton invoked executive power a bunch of times... I think once he started doing that, the courts really pushed back on him. He couldn't use it for things that actually had a better basis. He used it for things that were personal, like the Lewinsky investigation, trying to block his aides from testifying.
Quote by -Neal Katyal
The joy of great fiction is that it transports the reader to another world, where new characters live in otherwise unimaginable ways. It is one of the most powerful ways of generating empathy that I know.
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No responsible scholar who thinks a sitting president cannot be indicted also thinks an attorney general can try to truncate a process of oversight - by Congress, for example - by 'pre-clearing' the president in advance.
Quote by -Neal Katyal
If Barr wants to keep defending Trump, he should take a page from one of his predecessors, Henry Stanbery, who stepped down as attorney general to serve as President Andrew Johnson's impeachment counsel. Stanbery, notably, tried to come back as attorney general after the impeachment proceedings concluded. The Senate did not confirm him.
Quote by -Neal Katyal
Trump and Barr both insist that he has been cleared, but that's not what more than 1,000 former federal prosecutors who read the Mueller report say: The evidence described in the report would lead to an indictment of anyone else in the country. If that's right, we simply cannot have a president who remains in office because of a technicality.
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Barr has thrown himself in with Trump in ways unbecoming to the nation's highest legal official. His conduct in trying to clear Trump is of a piece with his baseless attacks on 'spying' by the FBI and his defiance of Congress's subpoenas.
Quote by -Neal Katyal
The Solicitor General is responsible for overseeing appellate litigation on behalf of the United States and with representing the United States in the Supreme Court.
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The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power.
Quote by -Neal Katyal
Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace.
Quote by -Neal Katyal
The idea that the special counsel regulations, which were written to provide the public with confidence against a coverup, would empower an attorney general to restrict disclosure in an investigation of the president is a nonstarter.
Quote by -Neal Katyal
I don't want to get into predicting how Judge Gorsuch would vote on the Supreme Court as a Justice Gorsuch. But I will say that those of us who've seen him in court as a judge, those of us who have worked with him as I have on a appellate rules committee, understand that this is a man who brings independence and integrity to the job.
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Our Supreme Court has been very clear that the government can't just simply say something and make it so.
Quote by -Neal Katyal
Trump knows he's facing some pretty strong criminal liability when he leaves office, one way or another. Even if a sitting president can't be indicted, he's got to know his future looks like it's behind bars unless he cuts some sort of deal with the prosecutors.
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I used to walk down the Justice Department on the fifth floor and see all those portraits of legendary attorneys general, Griffin Bell and Robert Jackson and people like that. Bill Barr will not be like that.
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Firing the prosecutor who's about to get you or your campaign is kind of quintessential obstruction of justice.
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Traditionally, in America, we have accountability as kind of a key feature of each branch of government in some way. So, you know, you obviously have to run for office. Or if you're a judge, you've got to be nominated by political officials and so on.
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I think there is a role for courts in a variety of areas, but the notion that we can allow a federal judge to run our greenhouse gas policy strikes me as preposterous.
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In some cases, Justice Department leaders can supervise investigations despite having personal knowledge about the entities involved.
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It simply cannot be that the president can name his own temporary attorney general to supervise an investigation in which he and his family have a direct, concrete interest.
Quote by -Neal Katyal
Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you're just a few feet away from the Chief Justice. You know, if you're sweating, they see you.
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If I got my hands on the Mueller report, the thing I'd want to see is what are the reasons why Barr made the conclusion about obstruction of justice that he did? Was it because of the facts? If so, why didn't he try and interview Trump to learn all the facts?
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The special counsel regulations were written to provide the public with confidence that justice was done.
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Our constitutional system is defined by a balance between the public's need for transparency and the government's need to have a zone of secrecy around decision making. Both are important, yet they are mutually exclusive.
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Institutionalizing dissent in our agencies moves us toward a healthier democracy and helps fulfill our founders' vision.
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I think that the terms of the Affordable Care Act do give the states a fair amount of wiggle room and to do things as they see fit. The Affordable Care Act was not designed as some sort of one-size-fits-all solution from Washington. There's lots of discretion given to the states.
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In 2006, I argued and won Hamdan v. Rumsfeld, a Supreme Court case that struck down President George W. Bush's use of military tribunals at Guantanamo Bay.
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If you are looking for someone to break the mold, the last guy you look to is Robert Mueller.
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Sometimes momentous government action leaves everyone uncertain about the next move.
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Everything having to do with President Trump and Russia, whether it is Mr. Trump's demand for an investigation into the investigation by the special counsel Robert Mueller, or whether Mr. Trump will testify, requires an answer to one essential background question: Can Mr. Mueller seek to indict the president?
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