Missouri Law Review Symposium

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Feb. 17-18, 2022

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Day 1: Thursday, Feb. 17

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About

Some of the country’s most eminent legal scholars, historians, journalists, and elected officials will assemble (virtually) at the University of Missouri School of Law on February 17-18, 2022, to discuss the two impeachments of President Donald Trump. President Trump was only the third American president to be impeached and was the only president to be impeached twice. The two impeachment proceedings and the resulting acquittals raised grave questions about the health and resilience of the American political system. The Missouri Law Review and the Kinder Institute on Constitutional Democracy are jointly sponsoring a two-day symposium at which the nation’s leading scholars of presidential impeachment, as well as journalists of the first rank and several key participants in the Trump impeachments, will consider the facts, constitutional questions, and future implications of both impeachments.

Program

“The Two Impeachments of Donald J. Trump”

All events are virtual. All panelists and speakers have priority consideration for follow-up questions at all events.

 

WELCOME REMARKS: Frank Bowman & Missouri Law Review Staff

3:15 – 3:30 p.m. CST, Thursday, February 17, 2022

 

PANEL 1: The Trump Impeachments in Historical Perspective

3:30 – 5:00 p.m. CST, Thursday, February 17, 2022

After a brief introduction of the Anglo-American history of impeachment from 1376 through the American constitutional convention, panelists will give historical context to the Trump Impeachments.

Moderator: Frank Bowman (Mizzou Law)

Panelists:

· Brenda Wineapple (Author, “The Impeachers: The Trial of Andrew Johnson & the Dream of a Just Nation”)

· Peter Baker (NY Times)

· Joshua Matz (Co-author, “To End a Presidency”)

 

FIRST KEYNOTE ADDRESS: Congressman Jamie Raskin

6:00 – 7:15 p.m. CST, Thursday, February 17, 2022

 

PANEL 2: The First Trump Impeachment: What is an Impeachable Offense?

9:00 – 10:15 a.m., Friday, February 18, 2022

What is an impeachable offense? Our panelists will attempt to answer that question by analyzing the first Trump Impeachment in detail.

Moderator: Justin Dyer (Kinder Institute)

Panelists:

· Keith Whittington (Princeton)

· Michael McConnell (Stanford Law)

· Kate Shaw (Cardozo Law & ABC News)

All panelists and speakers have priority consideration for follow-up questions at all events

PANEL 3: The Second Trump Impeachment: What is Impeachment For?

10:30 – 11:45 a.m. CST, Friday, February 18, 2022

What purpose does impeachment serve if the Senate does not convict? If there is no chance of conviction, should it even be attempted at all?

Moderator: Thomas Bennett (Mizzou Law)

Panelists:

· Brian Kalt (Michigan State Law)

· Philip Bobbitt (Columbia Law)

· Victoria Nourse (Georgetown Law)

All panelists and speakers have priority consideration for follow-up questions at all events

SECOND KEYNOTE ADDRESS: Sen. Richard Durbin

12:00 – 1:15 p.m. CST, Friday, February 18, 2022

 

PANEL 4: The Future of Impeachment After Trump: Lessons from Two Acquittals

1:30 – 3:15 p.m., Friday, February 18, 2022

How have the two Trump Impeachments forever changed the process of Constitutional Impeachment in America? Are reforms needed or will the tool be abused in the future?

Moderator: Frank Bowman (Mizzou Law)

Panelists:

· Michael Gerhardt (Univ of N. Carolina Law)

· Gene Healy (CATO)

· Dahlia Lithwick (Slate)

All panelists and speakers have priority consideration for follow-up questions at all events

FAREWELL REMARKS: Frank Bowman & Missouri Law Review Staff

3:15p.m. – 3:30 p.m. CST, Friday, February 18, 2022

 


 

Speakers

Congressman Jamie Raskin proudly represents Maryland’s 8th Congressional District in the U.S. House of Representatives. The district includes Montgomery, Carroll, and Frederick Counties. Congressman Raskin was sworn into his third Term at the start of the 117th Congress on January 3, 2021. This is Rep. Raskin’s third term serving on the House Judiciary Committee.

Prior to his time in Congress, Raskin was a three-term State Senator in Maryland, where he also served as the Senate Majority Whip. He earned a reputation for building coalitions in Annapolis to deliver a series of landmark legislative accomplishments. He was also a professor of constitutional law at American University’s Washington College of Law for more than 25 years. He authored several books, including the Washington Post best-seller Overruling Democracy: The Supreme Court versus the American People and the highly acclaimed We the Students: Supreme Court Cases For and About America’s Students, which has sold more than 50,000 copies. Congressman Raskin is a graduate of Harvard College and Harvard Law School. 

On January 12, 2021, Raskin was named the lead impeachment manager for the Senate trial during the second impeachment of then-President Trump. He was the primary author of the impeachment article, along with Representatives David Cicilline and Ted Lieu, which charged Trump with inciting an insurrection on the United States Capitol. Raskin in the Senate trial recounted that his daughter was visiting the Capitol on January 6 as the mob was forcibly entering and she said to him, “Dad, I don’t want to come back to the Capitol”.

 


Senator Richard Durbin, a Democrat from Springfield, is the 47th U.S. Senator from the State of Illinois, the state’s senior senator, and the convener of Illinois’ bipartisan congressional delegation. Durbin also serves as the Senate Majority Whip, the second highest-ranking position among the Senate Democrats. Senator Durbin has been elected to this leadership post by his Democratic colleagues every two years since 2005. Durbin serves as Chair of the Senate Judiciary Committee and sits on the Appropriations and Agriculture Committees. Elected to the U.S. Senate on November 5, 1996, and re-elected in 2002, 2008, 2014, and 2020, Durbin fills the seat left vacant by the retirement of his long-time friend and mentor, U.S. Senator Paul Simon. Senator Durbin makes approximately 50 round trips a year between Washington and Illinois. He is married to Loretta Schaefer Durbin. Their family consists of three children–Christine (deceased), Paul, and Jennifer–as well as six grandchildren. They reside in Springfield.

Durbin was participating in the 2021 United States Electoral College vote count when pro-Trump rioters stormed the U.S. Capitol. Along with other senators and staff, Durbin ran out of the Senate Chamber after the attackers, whom he called “extremists”, breached the Capitol. He then evacuated to a secure location with Pelosi, McConnell and Schumer. Durbin blamed Trump for the attack. He also said Senator Josh Hawley was partially responsible for the storming. He called for Trump’s removal through the invocation of the Twenty-fifth Amendment to the United States Constitution or impeachment.


Brian Kalt is a professor of law and the Harold Norris Faculty Scholar at Michigan State University, where he has taught since 2000. Professor Kalt previously worked as an associate at the Washington D.C. office of Sidley Austin and served as a law clerk for the Honorable Danny J. Boggs, U.S. Court of Appeals for the 6th Circuit. Professor Kalt’s research focuses on constitutional procedures surrounding the presidency. In addition to numerous articles and op-eds, he is the author of the books Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies, and Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment.

 


a photo of peter baker

Peter Baker is the Chief White House Correspondent for The New York Times and a political analyst for MSNBC. He has covered the last five presidents for The Times and The Washington Post and worked as a correspondent in Russia, Afghanistan, Iraq, Israel and other countries. He co-wrote the first story breaking the Ken Starr investigation in The Post and has covered all three impeachment battles of the last quarter-century. He is the author of The Breach: Inside the Impeachment and Trial of William Jefferson Clinton and co-author of Impeachment: An American History. He and his wife Susan Glasser of The New Yorker are working on a book on Donald Trump.

 


Brenda Wineapple is an American nonfiction writer, literary critic, and essayist who has written several books on nineteenth-century American writers. Her most recent book is The Impeachers: The Trial of Andrew Johnson and the Dream of a Just Nation, which was selected by New York Times critic Jennifer Szalai as one of the ten best books of 2019 and also listed as a New York Times “100 Notable Books of 2019.” Wineapple is also the author of Ecstatic Nation: Confidence, Crisis, and Compromise, 1848-1877, a New York Times“100 Notable Books of 2013,” which the Wall Street Journal called “magnificent.” Other publications include White Heat: The Friendship of Emily Dickinson and Thomas Wentworth Higginson, a finalist for the National Book Critics Circle award; Hawthorne: A LifeSister Brother Gertrude and Leo Stein, and Whitman Speaks, an edition of the poet’s observations about writing– and America. The recipient of a Literature Award from the American Academy of Arts and Letters, a Guggenheim Fellowship, a Pushcart Prize, the Ambassador Award of the English-Speaking Union, as well as various other honors, she received an NEH Public Scholars Award for The Impeachers. She regularly contributes to the New York Times Book Review and The New York Review of Books and teaches in the MFA program at Columbia University. 

 


Gene Healy is senior vice president for policy at the Cato Institute. His research interests include executive power and the role of the presidency as well as federalism and overcriminalization. He is the author of Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power and The Cult of the Presidency: America’s Dangerous Devotion to Executive Power and is editor of Go Directly to Jail: The Criminalization of Almost Everything. He also contributed a chapter to Libertarianism.org’s Visions of Liberty. Healy has appeared on PBS NewsHour and NPR’s Talk of the Nation, and his work has been published in the Los Angeles Times, the New York Times, the Chicago Tribune, the Legal Times, and elsewhere. Healy holds a BA from Georgetown University and a JD from the University of Chicago Law School.

 


Michael Gerhardt is Burton Craige Distinguished Professor of Jurisprudence at the University of North Carolina at Chapel Hill, Scholar in Residence at the National Constitution Center, and the inaugural Richard Beeman Visiting Scholar at the University of Pennsylvania Law School. The principal focus of his scholarship and public service has been constitutional conflicts between presidents and Congress. Besides authoring or co-authoring more than 100 law review articles and dozens of op eds in major outlets, Professor Gerhardt has authored seven books, including, most recently, Lincoln’s Mentors: The Education of a Leader (HarperCollins 2021). Professor Gerhardt has testified more than twenty times before Congress. In 1998, he was the only joint witness to testify before the House Judiciary Committee on President Clinton’s impeachment, and he has been the only legal scholar invited to advise the entire House of Representatives on the law of impeachment. In 2019, he testified in the House’s first set of impeachment proceedings against President Trump, making him one of two legal scholars to have testified in two different presidential impeachment proceedings. In 2021, he served as Special Counsel to the Presiding Officer, Senator Patrick Leahy, in Donald Trump’s second impeachment trial. Professor Gerhardt received his B.A with honors from Yale University, an M.Sc. from the London School of Economics, and a JD with honors and Order of the Coif from the University of Chicago.

 


Philip Bobbitt KBE is the Herbert Wechsler Professor of Jurisprudence at Columbia Law School and Senior Fellow at the Strauss Center for International Security at the University of Texas. He has served in a number of capacities in the US government and has published ten books, including: Tragic Choices (with Calabresi), Constitutional Fate, Constitutional Interpretation, The Shield of Achilles: War, Peace and the Course of History, and Terror and Consent. He is a Fellow of the American Academy of Arts and Sciences and the Royal Historical Society and a former trustee of Princeton University.

 


Kate Shaw is a Professor of Law at the Benjamin N. Cardozo School of Law. She’s written extensively about the presidency, in addition to the law of democracy and other topics. Her scholarly writing has appeared, among other places, in the Columbia Law Review, the Cornell Law Review, the Georgetown Law Journal, and the Northwestern University Law Review, and her popular writing has appeared in the New York Times, the Washington Post, Slate, Time, and the Atlantic. She’s also a contributor with ABC News and co-hosts the Supreme Court podcast Strict Scrutiny. Before joining Cardozo, she served as an Associate Counsel in the White House Counsel’s Office and clerked for Justice John Paul Stevens and Judge Richard Posner.

 


Dahlia Lithwick is a senior editor at Slate, and in that capacity, has been writing their “Supreme Court Dispatches” and “Jurisprudence” columns since 1999. Her work has appeared in the New York Times, Harper’s, The New Yorker, The Washington Post, The New Republic, and Commentary, among other places. She is the host of Amicus, Slate’s award-winning biweekly podcast about the law and the Supreme Court. Lithwick was the first online journalist invited to be on the Reporters Committee for the Freedom of the Press. Ms. Lithwick has testified before Congress about access to justice in the era of the Roberts Court and how #MeToo impacts federal judicial law clerks. She has appeared on CNN, ABC, The Colbert Report, the Daily Show and is a frequent guest on The Rachel Maddow Show. Ms. Lithwick earned her BA in English from Yale University and her JD degree from Stanford University. She is currently working on a new book, Lady Justice, for Penguin Press. She is co-author of Me Versus Everybody (Workman Press, 2006) (with Brandt Goldstein) and of I Will Sing Life (Little, Brown 1992) (with Larry Berger).

 


Keith E. Whittington is the William Nelson Cromwell Professor of Politics at Princeton University and is currently the chair of Academic Freedom Alliance. He works on American constitutional history, politics and law, and on American political thought. He is the author of Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present and Speak Freely: Why Universities Must Defend Free Speech, among other works. He has been a visiting professor at Harvard Law School, Georgetown University Law Center, and the University of Texas School of Law, and he is a member of the American Academy of Arts and Sciences and served on the Presidential Commission on the Supreme Court of the United States. He did his undergraduate work at the University of Texas at Austin and completed his Ph.D. in political science at Yale University.

 


Victoria Nourse is one of the nation’s leading scholars on statutory interpretation, Congress, and the separation of powers. She currently serves as the Ralph V. Whitworth Professor in Law at Georgetown Law. Her latest book, Misreading Law, Misreading Democracy, was published by Harvard Press in 2016. She has also published widely on the power of the President and the separation of powers, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power, 106 Calif. L. Rev. 1 (2018). Professor Nourse has had a distinguished career in government up and down Pennsylvania Avenue. In 2015-2016, she served as Chief Counsel to the Vice President of the United States. Prior to that she served as an appellate lawyer in the Justice Department and Special Counsel to the Senate Judiciary Committee. Prior to teaching at Georgetown, Professor Nourse held chairs at the Emory University and the University of Wisconsin. Professor Nourse began her legal career in New York, clerking for a legendary trial judge, Edward Weinfeld, and practicing at Paul, Weiss, Rifkind Wharton & Garrison. She left private practice to serve as junior counsel to the Senate-Iran Contra Committee under Senators Rudman and Inouye. Professor Nourse is Director of Georgetown Law’s first Center on Congressional Studies.

 


Michael W. McConnell is the Richard and Frances Mallery Professor and Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His most recent book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in late 2020, and his upcoming book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” will be published by Cambridge University Press in 2021. McConnell has argued sixteen cases in the United States Supreme Court, most recently defending Delaware’s state constitutional requirement of political balance on its court against a First Amendment challenge. He served as a law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior Of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati.


A PHOTO OF JOSHUA MATZJoshua Matz is a Partner at Kaplan Hecker & Fink LLP and a Professor at Georgetown Law. In February 2021, Professor Matz took a leave of absence from the firm to serve as Impeachment Counsel to the House Judiciary Committee for the second Senate trial of President Trump; he previously served among counsel to the House Judiciary Committee for the first impeachment and trial of President Trump. He has represented the Commonwealth of Pennsylvania in defending its certification of the results of the 2020 presidential election; ICE detainees challenging their confinement amid the COVID-19 pandemic; DC and Maryland in an Emoluments Clause lawsuit against President Trump; the House Judiciary Committee in its lawsuit to compel testimony by former White House Counsel Donald F. McGahn II; Leandra English in her challenge to Mick Mulvaney’s appointment as Acting Director of the CFPB; the Federal Defenders of New York in a challenge to Bureau of Prison attorney access restrictions; and Governor Andy Beshear of Kentucky in defending the constitutionality of a COVID-19 public health order temporarily suspending in-person K-12 education. In addition, Professor Matz has represented amici in litigation regarding President Trump’s travel ban, the ban on military service by transgender individuals, the addition of a citizenship question to the 2020 census, and the imposition of broad religious exemptions from the ACA’s contraceptive coverage requirement. Professor Matz is the co-author (with Larry Tribe) of Uncertain Justice: The Roberts Court and the Constitution (2014) and To End a Presidency: The Power of Impeachment (2018). From 2014 to 2015, he served as a law clerk to Justice Kennedy of the U.S. Supreme Court.