Quotes by Neal Katyal - Page 2

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.
Neal Katyal /
Department
Fifth
Legendary
Portraits
Attorneys
Bell
Floor
Griffin
Jackson
Justice Department
Robert
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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.
Neal Katyal /
Attorney
Oversight
Scholar
Advance
Attorney General
For Example
Indicted
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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.
Neal Katyal /
Defined
Exclusive
Secrecy
Transparency
Zone
Constitutional
Mutually
Mutually Exclusive
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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.
Neal Katyal /
Report
Fundamentally
Memo
Official
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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.
Neal Katyal /
Attorney
Disclosure
Investigation
Attorney General
Counsel
Empower
Regulations
Restrict
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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.
Neal Katyal /
Classified Information
Executive Branch
Information
Officials
Possibility
Sensitive
Surveillance
Workplace
Rules
Branch
Classified
Designed
Discussed
Executive
Facilities
Guard
Outside
Require
Specialized
Targeted
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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.
Neal Katyal /
Independence
Accountability
Checks
Exclusive
Prosecutor
Balances
Checks And Balances
Mutually
Mutually Exclusive
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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.
Neal Katyal /
Legal
Defiance
Fbi
Thrown
Attacks
Official
Spying
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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.
Neal Katyal /
Accountability
Officials
Branch
Feature
Nominated
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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?
Neal Katyal /
Conclusion
Obstruction
Trump
All The Facts
Report
Interview
Reasons
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Even though Mr. Trump can give his campaign as much of his own money as he wants to, he can't ask other people to front the money for him and promise to pay them back later without reporting the arrangement in a timely fashion to the Federal Election Commission.
Neal Katyal /
Election
Promise
Timely
Arrangement
Money People Own
Reporting
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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.
Neal Katyal /
Bars
Liability
Looks
Office
President
Sitting
Strong
Trump
Behind
Criminal
Deal
Cuts
Facing
Indicted
Leaves
Prosecutors
Unless
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Following the attack on Pearl Harbor, the United States uprooted more than 100,000 people of Japanese descent, most of them American citizens, and confined them in internment camps. The Solicitor General was largely responsible for the defense of those policies.
Neal Katyal /
American Citizens
Camps
Confined
Defense
Descent
Internment
People American More
Harbor
Japanese
Largely
Pearl
Pearl Harbor
Policies
Solicitor
Uprooted
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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.
Neal Katyal /
Consistent
Prosecutor
Running Away
Constitutional
Respond
Execute
Faithfully
Presidents
Requests
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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.'
Neal Katyal /
Compelling
Defense
Investigating
Obstruction
Prosecutor
Matters
Particularly
Private
Publicly
Threaten
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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.
Neal Katyal /
Affordable
Affordable Care Act
Discretion
One Size Fits All
Designed
Fair Amount
Solution
Wiggle
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The public has every right to see Robert S. Mueller III's conclusions. Absolutely nothing in the law or the regulations prevents the report from becoming public. Indeed, the relevant sources of law give Attorney General P. William Barr all the latitude in the world to make it public.
Neal Katyal /
Absolutely Nothing
Attorney
Becoming
Latitude
Relevant
Absolutely
General
Attorney General
Report
Conclusions
William
Iii
Indeed
Prevents
Regulations
Robert
Sources
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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.
Neal Katyal /
Cases
Documents
Supreme
Supreme Court
Essentially
Requests
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Appointing special counsel Robert Mueller to probe Russian meddling in the 2016 election (and any possible ties to President Trump's campaign) was the only choice the Justice Department had. This is the best way to deal with the conflicts and potential conflicts of interest these matters posed.
Neal Katyal /
Best Way
Department
Election
Meddling
Special
Ties
Trump
Campaign
Choice
Conflicts
Counsel
Matters
Justice Department
Probe
Robert
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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.
Neal Katyal /
Dissent
Explaining
Headlines
No Doubt
Unanimity
Deep End
Eclipsed
Sends
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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.
Neal Katyal /
Cases
Clinton
Manson
Precedent
Bill
Bill Clinton
Bush
Charles
Follower
Criminal
Ford
George
George W
George W. Bush
Perhaps
Presidents
Testify
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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.
Neal Katyal /
Court
Extraordinary
Qualified
Supreme
Supreme Court
Judge
Chief
Circuit
Nominee
Garland
Lifetimes
Perhaps
United States Supreme Court
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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.
Neal Katyal /
Independence
Compromise
Judicial
No Doubt
Rule Of Law
American People
Appointed
Bench
Confirmed
Favor
Principle
Restore
Reveal
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President Trump has criticized the Mueller investigation, fired Jim Comey, savagely attacked the FBI, and repeatedly suggested the Russia campaign influence in 2016 was a hoax. In the wake of all of this, the American people need to be assured that Mueller can carry out his investigation without interference.
Neal Katyal /
Assured
Fbi
Interference
Investigation
Russia
American People
Attacked
Criticized
Fired
Hoax
Jim
President Trump
Repeatedly
Suggested
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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?
Neal Katyal /
Demand
Investigation
Russia
Counsel
President Trump
Robert
Testify
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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.
Neal Katyal /
Block
Executive Power
Investigation
President Clinton
Aide
Courts
Executive
Lewinsky
Pushed
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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.
Neal Katyal /
Department
Rule Of Law
Justice Department
Loophole
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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.
Neal Katyal /
Attorney
Critics
Giving
Investigation
Obstruction
President
Special
Trump
Against
Did
General
Attacked
Attorney General
Mr
Case
Close
Itself
Complaint
Counsel
Donald
Donald Trump
Some
Regulations
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I've been in two different administrations, and I would say, particularly, President Obama was really careful to make sure that he wouldn't invoke executive privilege unless absolutely necessary. He only invoked it once in eight years, even though many years he had Congress opposed to him in terms of being from the opposite party.
Neal Katyal /
Invoke
President Obama
Executive
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I can tell you that standard D.O.J. protocol is that you let official acts speak for themselves. You don't go and spin your action. For example, when I ran the Solicitor General's office, there would be all sorts of times when the litigants would make something up, and we would just never comment to the press. It is not what we do.
Neal Katyal /
Comment
Protocol
Ran
Acts
For Example
Official
Standard
Solicitor
Spin
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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.
Neal Katyal /
Independence
Predicting
Supreme
Supreme Court
Committee
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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.
Neal Katyal /
Andrew
Attorney
Impeachment
Johnson
Predecessors
Senate
Attorney General
Concluded
Confirm
Counsel
Defending
Stepped
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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.
Neal Katyal /
Evidence
Former
Indictment
Office
President
Remains
Trump
Anyone Else
Report
Cleared
Country More Right
Simply
Federal
Lead
Insist
Prosecutors
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I think probably, you know, from my perspective, the folks who say a sitting president cannot be indicted have the better of the argument that the president can't be indicted - put, you know, through a criminal trial while he is president - and that the proper way to do it is to impeach him first, remove him, and then seek criminal prosecution.
Neal Katyal /
Folks
Perspective
Remove
Sitting
Criminal
Indicted
Seek
Proper
Trial
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