{"title":"总统妨碍司法公正","authors":"Daniel Hemel, E. Posner","doi":"10.2139/SSRN.3004876","DOIUrl":null,"url":null,"abstract":"Federal obstruction of justice statutes bar anyone from interfering with law enforcement based on a “corrupt” motive. But what about the president of the United States? The president is vested with “executive power,” which includes the power to control federal law enforcement. A possible view is that the statutes do not apply to the president because if they did they would violate the president’s constitutional power. However, we argue that the obstruction of justice statutes are best interpreted to apply to the president, and that the president obstructs justice when his motive for intervening in an investigation is to further personal or narrowly partisan interests, rather than to advance the public good.","PeriodicalId":51452,"journal":{"name":"California Law Review","volume":"106 1","pages":"1277"},"PeriodicalIF":2.2000,"publicationDate":"2017-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3004876","citationCount":"7","resultStr":"{\"title\":\"Presidential Obstruction of Justice\",\"authors\":\"Daniel Hemel, E. Posner\",\"doi\":\"10.2139/SSRN.3004876\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Federal obstruction of justice statutes bar anyone from interfering with law enforcement based on a “corrupt” motive. But what about the president of the United States? The president is vested with “executive power,” which includes the power to control federal law enforcement. A possible view is that the statutes do not apply to the president because if they did they would violate the president’s constitutional power. However, we argue that the obstruction of justice statutes are best interpreted to apply to the president, and that the president obstructs justice when his motive for intervening in an investigation is to further personal or narrowly partisan interests, rather than to advance the public good.\",\"PeriodicalId\":51452,\"journal\":{\"name\":\"California Law Review\",\"volume\":\"106 1\",\"pages\":\"1277\"},\"PeriodicalIF\":2.2000,\"publicationDate\":\"2017-07-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2139/SSRN.3004876\",\"citationCount\":\"7\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"California Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.3004876\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"California Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.3004876","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Federal obstruction of justice statutes bar anyone from interfering with law enforcement based on a “corrupt” motive. But what about the president of the United States? The president is vested with “executive power,” which includes the power to control federal law enforcement. A possible view is that the statutes do not apply to the president because if they did they would violate the president’s constitutional power. However, we argue that the obstruction of justice statutes are best interpreted to apply to the president, and that the president obstructs justice when his motive for intervening in an investigation is to further personal or narrowly partisan interests, rather than to advance the public good.
期刊介绍:
This review essay considers the state of hybrid democracy in California through an examination of three worthy books: Daniel Weintraub, Party of One: Arnold Schwarzenegger and the Rise of the Independent Voter; Center for Governmental Studies, Democracy by Initiative: Shaping California"s Fourth Branch of Government (Second Edition), and Mark Baldassare and Cheryl Katz, The Coming of Age of Direct Democracy: California"s Recall and Beyond. The essay concludes that despite the hoopla about Governor Schwarzenegger as a "party of one" and a new age of "hybrid democracy" in California.