Jonathan Shaub
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jshaub.bsky.social
Jonathan Shaub
@jshaub.bsky.social
1.2K followers 370 following 22 posts
law prof, contributing editor @lawfaremedia.org... #twindad + 3 extras, expert youth soccer fan,

interested in presidential power, privilege, accountability, transparency, and vandy football

profile here https://law.uky.edu/people/jonathan-shaub
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jshaub.bsky.social
Very excited that my article "White House Inspection," proposing a new approach to investigations of POTUS & the White House is now forthcoming in Wash U Law Review (& I didn't use autopen, so it's legit)

abstract, TOC, & SSRN link below & *comments welcomed!*
papers.ssrn.com/sol3/papers....
Attempting to hold the president and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with electoral accountability and investigative enforcement authority. Since Watergate, our country has relied on two primary methods for White House investigation—either a criminal prosecutor with some independence or congressional investigation. These mechanisms, as well as past approaches, have largely proven inadequate and lately been the subject of extensive criticism. And these problems largely arise out of two overarching characteristics of all past accountability systems: (1) the power to investigate has always been combined with a power to sanction and (2) sufficient power to compel the production of relevant information has been provided only to a criminal prosecutor. This Article challenges the wisdom of these two characteristics and proposes a new paradigm for addressing accountability holistically. Crucially, this proposal would sever the pure investigatory function—what I call inspection—from any power to sanction and it would empower—for the first time—an independent entity that is not a criminal prosecutor with the authority to compel the production of information and protect its confidentiality. The proposal fits comfortably within the constitutional framework, even under a robust unitary executive view of Article II. And numerous past and existing accountability models, such as independent commissions, judicial misconduct panels, and inspectors general, further support the wisdom and constitutionality of such a proposal. A Table of Contents of the Article
March 19, 2025 at 4:52 PM
jshaub.bsky.social
There is no DOGE
February 19, 2025 at 1:11 AM