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

by Andrew Coan Narrated by Christopher Grove

Overview

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.

Editorial Reviews

From the Publisher

"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 & Lardner-Bascom Professor of Law, University of Wisconsin

Kirkus Reviews

2018-10-28

A legal scholar provides necessary context for the challenges facing a special prosecutor as he investigates a sitting president.

Coan (Law/Univ. of Arizona) finds the very concept of a prosecutor who can be fired by the president investigating the president to be "deeply strange," but he suggests that the people will decide when the prosecutor or the president have gone too far. Not that he finds much comfort in this idea given the polarization of the current political climate: "It is difficult to imagine the supporters of a populist president punishing him for firing a special prosecutor—or otherwise abusing his power for personal or partisan ends. That should scare any American who cares about the rule of law." Otherwise, the perspective appears to be as nonpartisan as the special prosecutor is supposed to be, though those supporting the Trump investigation have rarely felt the office to be. The Nixon administration pushed a "Watergate as vendetta" campaign against Archibald Cox, just as Trump has proclaimed the investigation by Robert Mueller a "WITCH HUNT." In some historical cases, the prosecutor's reputation became more tarnished than his target. "When Kenneth Starr was appointed to investigate Bill and Hillary Clinton's Whitewater land deal, he was a well-respected lawyer and former judge," writes Coan. "When he resigned the position five years later, he was a tragic hero to the political right. To most of the broader public, he was a reviled and villainous figure." Examining a history that dates to the Grant administration and encompasses Teapot Dome, Harry Truman, and Iran-Contra, the author reiterates that the American people are the ultimate arbiters of wrongdoing: how far is too far for the investigation to extend, how long is too long, and how much political consequence a president might face for firing the prosecutor investigating him. Historically, balance and compromise have generally ruled the day, but these aren't times of balance and compromise.

A useful study that suggests possible outcomes and what is at stake.

Product Details

BN ID:	2940170751792
Publisher:	Tantor Audio
Publication date:	02/26/2019
Edition description:	Unabridged

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