Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)

10 Pages Posted: 25 Aug 2015 Last revised: 22 Sep 2015

See all articles by Seth Barrett Tillman

Seth Barrett Tillman

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

Date Written: September 15, 2015

Abstract

Michael B. Mukasey, a former Attorney General of the United States (and former Chief Judge of the United States District Court for the Southern District of New York), has stated that if former Secretary of State (and former Senator) Hillary Clinton is convicted under 18 U.S.C. § 2071, then she is disqualified from holding the presidency. See Transcript, MSNBC MORNING JOE (Aug. 24, 2015, 06:45:25 AM), Online. Likewise, a Washington, DC think tank has just published a white paper taking the same position. See Legal Analysis of Former Secretary of State Hillary Clinton’s Use of a Private Server to Store Email Records, CAUSE OF ACTION: ADVOCATES FOR GOVERNMENT ACCOUNTABILITY (Aug. 24, 2015), available online. Mukasey’s and Cause of Action’s position is fundamentally misconceived; indeed, neither puts forward any authority for the position that Section 2071 or any other federal statute creates or could create a disqualification in regard to any elected federal position, including the presidency.

Suggested Citation

Tillman, Seth Barrett, Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey) (September 15, 2015). Available at SSRN: https://ssrn.com/abstract=2650328 or http://dx.doi.org/10.2139/ssrn.2650328

Seth Barrett Tillman (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

Ollscoil na hÉireann, Má Nuad
New House (#306)
Maynooth, County Kildare
Ireland
(353) (0) 1474-7216 (Phone)

HOME PAGE: http://law.nuim.ie/staff/mr-seth-barrett-tillman

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
185
Abstract Views
1,416
rank
183,733
PlumX Metrics