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Prosecuting the President

How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

By (author) Andrew Coan
Format: Hardback
Publisher: Oxford University Press Inc, New York, United States
Published: 21st Feb 2019
Dimensions: w 148mm h 217mm d 24mm
Weight: 382g
ISBN-10: 0190943866
ISBN-13: 9780190943868
Barcode No: 9780190943868
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Synopsis
"The perfect book for the present moment. Prosecuting the President is magnificent." - David Marcus, Professor of Law, UCLA In this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors - perhaps the most important and misunderstood public officials of our time. The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President's commitment to the rule of law. Special counsel Robert Mueller is the latest example. In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.

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The perfect book for the present moment. Prosecuting the President is magnificent. * David Marcus, Professor of Law, UCLA * This extraordinarily timely book examines the history of special prosecutors who investigate the presidency and does a great job of explaining and analyzing the special legal and political challenges they present. It is a vital resource for understanding the Mueller investigation. * Jack Goldsmith, Henry Shattuck Professor, Harvard Law School * This book on the role of special prosecutors in holding presidents accountable to the law could hardly be more timely. Drawing on history and legal sources, it provides wise, nuanced, and urgent guidance in an era when the public is increasingly receptive to demagoguery at the highest levels of government. * Eric A. Posner, Kirkland & Ellis Distinguished Service Professor, University of Chicago Law School * Professor Coan has done the hardest thing, writing a book that will be equally interesting and informative to laypeople and lawyers alike. It is also exceptionally timely. It's been years since I read a book straight through, totally caught up in the history and the analysis of the case I lived through as a lawyer in DC (Watergate) and those before and after. * Barbara Babcock, Crown Professor of Law, Emerita, Stanford Law School * Coan's superb storytelling and incisive analysis bring to life past special prosecutor episodes and skillfully apply their lessons to present-day events. Prosecuting the President is essential reading for anyone who cares about democracy and the rule of law. * David S. Schwartz, Foley and Lardner-Bascom Professor of Law, University of Wisconsin *