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Hirono recalls Jackson's biggest mic drop moment to date
Link to tweet
In questioning Jackson about her understanding of precedent, Sen. Maize Hirono, D-Hawaii, gave us a perfect excuse to remember the biggest mic drop moment in Jackson’s career to date.
In April 2019, the House Judiciary Committee issued a subpoena to former White House counsel Don McGahn to testify on his interviews with special counsel Robert Mueller. McGahn argued, as did the White House, that thanks to “absolute immunity” there was no way for Congress to force a member of the executive branch to testify.
Jackson, in her ruling, handed down a complete and total smackdown of this frankly absurd legal theory. It’s worth revisiting the most powerful portion of that opinion, not just for the ideals it defends but for the power of her writing:
Stated simply, the primary takeaway fromthe past 250 years of recorded American history is that Presidents are not kings. […] This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control. Rather, in this land of liberty, it is indisputable that employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States. Moreover, as citizens of the United States, current and former senior level presidential aides have constitutional rights, including the right to free speech, and they retain these rights even after they have transitioned back into private life.
Bear in mind, this was in the middle of then-President Donald Trump’s first impeachment scandal. While Trump may not have taken the lesson that Jackson issued to heart, it makes me look forward to any opinions she may write if confirmed to the Supreme Court.
In April 2019, the House Judiciary Committee issued a subpoena to former White House counsel Don McGahn to testify on his interviews with special counsel Robert Mueller. McGahn argued, as did the White House, that thanks to “absolute immunity” there was no way for Congress to force a member of the executive branch to testify.
Jackson, in her ruling, handed down a complete and total smackdown of this frankly absurd legal theory. It’s worth revisiting the most powerful portion of that opinion, not just for the ideals it defends but for the power of her writing:
Stated simply, the primary takeaway fromthe past 250 years of recorded American history is that Presidents are not kings. […] This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control. Rather, in this land of liberty, it is indisputable that employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States. Moreover, as citizens of the United States, current and former senior level presidential aides have constitutional rights, including the right to free speech, and they retain these rights even after they have transitioned back into private life.
Bear in mind, this was in the middle of then-President Donald Trump’s first impeachment scandal. While Trump may not have taken the lesson that Jackson issued to heart, it makes me look forward to any opinions she may write if confirmed to the Supreme Court.
5 replies
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Senator Hirono, you are a treasure. 
