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12-Mar-1970
United States
Neal Kumar Katyal is an American lawyer and academic. He is a partner at Hogan Lovells and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center.
Our founders recognized that 'men were not angels' and that checks and balances in government were critical to avoid threats to the rule of law.
Neal Katyal
It's such a dangerous thing for desperation to drive litigation.
Unanimity is important because it signals that the justices can rise above their differences and interpret the law without partisanship.
Justice Scalia was usually particularly challenging to me at oral argument, but I so respected his intellect and commitment to the pursuit of truth.
Some commentators have attacked the special counsel regulations as giving the attorney general the power to close a case against the president, as Mr. Barr did with the obstruction of justice investigation into Donald Trump. But the critics' complaint here is not with the regulations but with the Constitution itself.
The Mueller report is a long subtweet of the Barr memo and demolishes it and says that is absolutely wrong, and fundamentally, in this country, whether you are a high person or a low official, anyone can obstruct justice.
In our Constitution, our bedrock principle, you know - indeed, what the nation was founded on - is an idea of freedom of religion: that we don't single out people because of their religion.
I don't think the fact that something occurs in public or in private matters at all to obstruction of justice. I mean, if I publicly threaten the prosecutor who's investigating me, I don't think it'd be a particularly compelling defense to say, 'Oh, I did it in public.'
Independence sounds good in theory, but in practice, it is mutually exclusive with accountability. The more independence you give a prosecutor, the less you make that prosecutor accountable to the public and regular checks and balances.