Legal Commentary: John Dean Archive
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WHY THE SENATE SHOULD HAVE AN EARLIER, LARGER ROLE IN JUSTICES' CONFIRMATIONS
FindLaw columnist and former counsel to the President John Dean argues that
the Senate should have a more expansive role in the confirmations of Supreme
Court Justices. Dean explains that, in the Court's own view and based on
constitutional language, the confirmation process is a responsibility shared
between the president and the Senate. In addition, he explains, a shared
process has worked well -- avoiding showy, divisive confirmation hearings --
with respect to the confirmations of lower federal court judges. The same
process, he urges, could work well for Justices.
Friday, Mar. 16, 2001
WHY CRIMINALLY INVESTIGATING FORMER PRESIDENT CLINTON SETS A DANGEROUS PRECEDENT
FindLaw columnist and former counsel to the President John Dean contends
that criminally investigating former President Clinton would set a dangerous
precedent, deterring potential officeholders from public service and
lowering the quality of our politics, in which presidents increasingly are
presumed guilty as soon as allegations are made. Dean criticizes the
Southern District's ongoing investigations of New York-related Clinton
pardons, and suggests that Attorney General Ashcroft might be well advised
to intervene to attempt to end the investigations.
Friday, Mar. 02, 2001
WHEN PRESIDENT BUSH CHOOSES SUPREME COURT APPOINTEES
In recent administrations, Presidents have generally chosen their Supreme
Court nominees from the ranks of judges alone. But, as FindLaw columnist
and former counsel to the president John Dean explains, it was not always
thus. Before Justice Hugo Black's retirement in 1971, there was a tradition
of always having a former member of the Congress, or of the Continental
Congress, serve on the Supreme Court. Dean contends that in choosing
Supreme Court appointees, President George W. Bush should return to this
tradition.
Friday, Feb. 16, 2001
WHY AN INVESTIGATION OF THE MARC RICH PARDON IS IMMINENT
FindLaw columnist and former counsel to the President John Dean predicts a
Congressional investigation of former President Clinton's eleventh hour
pardon of financier Marc Rich. Dean notes, however, that such an
investigation will not make much progress without Clinton's cooperation --
and that the former President might set a bad precedent if he were to
cooperate in an investigation into his use of his plenary pardon power.
Friday, Feb. 02, 2001
AS ATTORNEY GENERAL, ASHCROFT WILL GO NOWHERE FAST
FindLaw columnist and former counsel to the president John Dean predicts
that
Bush attorney general nominee John Ashcroft will be confirmed, but notes
that
Ashcroft's supporters shouldn't rejoice -- nor should Ashcroft's foes weep.
Dean argues that constraints that affect any attorney general mean that the
position is inherently a comparatively weak one, among those in the Cabinet.
The attorney general, Dean explains, is not only accountable to the
President
and Congress, but also must be obedient to the judiciary's rulings, and
cooperate with career attorneys at the Justice Department. With all these
constraints, Ashcroft's ability as an administrator, Dean contends, will
count more than his ideology.
Friday, Jan. 19, 2001
WHY BUSH'S WHITE HOUSE STAFF WILL BE MORE POWERFUL THAN HIS CABINET
FindLaw columnist and former counsel to the President John Dean rebuts the
recently-touted notion that the Bush Administration will be dominated by the
Cabinet. Dean explains why institutional realities will result in Bush's
White House staff being much more powerful than his Cabinet -- and reflects
on the historical increase in the Vice President's power, a trend from which
Dick Cheney will benefit.
Friday, Jan. 05, 2001
BEING WHITE HOUSE COUNSEL: WHAT AL GONZALES CAN EXPECT
FindLaw columnist and former counsel to the president John Dean explains
what
President-elect George W. Bush's White House Counsel -- former Texas Supreme
Court Justice Alberto Gonzales -- can expect when he arrives in D.C. Mr.
Dean discusses the White House Counsel's powers, perils, and possibilities,
and explains why the White House Counsel needs to be especially alert to
line-of-succession issues.
Friday, Dec. 22, 2000
PRESIDENT CLINTON'S INDICTMENT AND PARDON COMING SOON
FindLaw columnist and former counsel to the President John Dean predicts that
Independent Counsel Ray will indict President Clinton shortly after Clinton
leaves office; suggests that the indictment issue may play out quite
differently depending on whether the new president is Gore or Bush; and
considers whether Clinton would be well-advised to either pardon himself, or
accept a pardon from the new president.
Friday, Dec. 08, 2000
THE TRANSITION DELAY: A SIGNIFICANT SETBACK FOR THE NEW PRESIDENT
FindLaw columnist and former Counsel to the President John Dean explains the
consequences, for the country and the next President, that are mounting day
by day as the transition to a new administration continues to be delayed. He
speculates about how the new president may be able to work to regain the
popular mandate he will not initially enjoy.
Friday, Nov. 24, 2000
VANISHING VOTERS: WHY AMERICANS DON'T VOTE, AND HOW THAT MIGHT CHANGE
Now that Election Day is over, former
White House Counsel and FindLaw columnist John Dean examines the reasons for
why American voters are vanishing from election booths and looks at a
solution to stop this downward spiral.
Wednesday, Nov. 08, 2000
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