Steven D. Schwinn

A Constitutional Primer on Russiagate

  • Abstract

Informations and abstract

Keywords: Russiagate; Congress; Impeachment; Special Counsel; Presidential Privileges and Immunities.

The so called Russiagate concerns the possible collaboration between the Russian Government and President Trump's campaign in the 2016 presidential election. This paper deals with the constitutional issues of the Russiagate in light of the separation of powers doctrine. First, it examines the power granted to the Congress to investigate matters in the coordinate branches of government. Second, it explains the constitutional role of the Special Counsel, an independent but impermanent office designed to handle special matters such as independent prosecution of criminal activities within the Executive Branch. Third, it deals with the Presidential Privileges and Immunities, the powers granted to the President to resist certain investigations made by the Congress or by the Special Counsel.

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