One concern I have about Trump’s use of Whitaker is that Trump will use the fear of Whitaker’s obvious hackishness to nominate somone a little less obviously awful, someone who can actually undermine Mueller more subtly and skillfully, and the Senate will confirm that person quickly to get rid of Whitaker… and to limit Mueller more effectively. I think this what people mean by constitutional hardball. And by the term “gaslighting,” as much as I don’t love that particular phrase.
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Author: Jed Shugerman
Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.
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