Lawyer. Professor. Former Acting Solicitor General. Author.

Op-Eds

 

For inquiries relating to Impeach please email Megan Wilson (megan.wilson@hmhco.com)
All other inquiries please email Andrea Sumpter (andrea@friendsatwork.com)


The Supreme Court may toss Roe. But Congress can still preserve abortion rights.

A simple majority vote in the Senate would nullify the threat to reproductive health posed by the Mississippi case.

The Washington Post

By Neal Katyal
June 7, 2021


The New York Times

By Neal Katyal and Sam Koppelman
January 4, 2021

Why Congress Should Impeach Trump Again

And this time, he should be convicted. The country cannot risk his becoming president again.


The New York Times

By Neal Katyal and John Monsky
December 29, 2020

Will Pence Do the Right Thing?

On Jan. 6, the vice president will preside as Congress counts the Electoral College’s votes. Let’s hope that he doesn’t do the unthinkable — and unconstitutional.


The New York Times

By Neal Katyal
December 3, 2020

I Wrote the Special Counsel Rules. Barr Has Abused Them.

There is no reason for the outgoing attorney general to appoint his preferred prosecutor for the continuing Trump-Russia inquiry.


The New York Times

By Akhil Reed Amar, Vikram David Amar, and Neal Katyal
October 28, 2020

The Supreme Court Should Not Muck Around in State Election Laws

It is dangerous and destabilizing.


The New York Times

By Neal Katyal and Joshua A. Geltzer
September 17, 2020

This Is How Bad It’s Gotten at the Justice Department

Nora Dannehy’s resignation looks like part of a pattern that could be problematic for Bill Barr and President Trump.


The Washington Post

By Joshua A. Geltzer, Neal Katyal, Jennifer Taub, and Lauren H. Tribe
June 3, 2020

Trump’s authoritarianism in the streets is being matched in the courts

This is the other side of the same coin, if less vicious in form.


The Washington Post

By Neal Katyal
May 7, 2020

Trump’s indefensible refusal to defend Obamacare

It is legally indefensible and a gross violation of his constitutional duty.


The Atlantic

By Neal Katyal and Thomas P. Schmidt
April 17, 2020

Trump Is Threatening to Subvert the Constitution

A president cannot just make Congress disappear when he wishes.


The New York Times

By Neal Katyal
April 14, 2020

It’s the Worst Possible Time for Trump to Make False Claims of Authority

He does not have “total” authority over states.


The New York Times

By Neal Katyal and Joshua A. Geltzer
February 5, 2020

This Will Come Back to Haunt Trump and His Enablers

The president was acquitted by the Senate, but the American people are smarter.


The Washington Post

By Neal Katyal and Joshua Geltzer
January 29, 2020

Trump’s lawyers are wrong. Calling witnesses won’t lead to endless litigation.

If the White House claims executive privilege, the chief justice can rule immediately. And no courts can intervene.


The Washington Post

By George Conway and Neal Katyal
January 10, 2020

George Conway and Neal Katyal: How Pelosi should play her impeachment cards

There’s a solid legal pathway for the speaker to answer McConnell’s push for a sham trial.


The Washington Post

By Neal Natyal and Joshua A. Geltzer
January 7, 2020

We can’t trust Trump on Iran without a real impeachment trial

The Ukraine matter hurts the White House credibility - on everything.


The New York Times

By Neal Katyal and George Conway
January 7, 2020

Why Is Mitch McConnell So Afraid of John Bolton?

The Senate must hear his testimony in an impeachment trial.


The Washington Post

By Neal Katyal and Sam Koppelman
December 5, 2019

The transcript Trump released is still the only evidence needed to impeach him

President Trump is a master of distraction — and with impeachment, his strategy of deflection, obfuscation and diversion is in full force.


Newsweek

By Neal Katyal and Sam Koppelman
November 25, 2019

NEAL KATYAL: TRUMP'S BRIBERY IS BLATANT—AND BLATANTLY IMPEACHABLE

The following is a lightly edited exclusive excerpt from Impeach: The Case Against Donald Trump by Neal Katyal with Sam Koppelman.


The New York Times

By Neal Katyal
November 12, 2019

WHAT TRUMP IS HIDING FROM THE IMPEACHMENT HEARINGS

The president’s efforts to prevent the House from doing its job are just as worrisome as the Ukraine scandal.


TIME

By Neal Katyal and Sam Koppelman
November 11, 2019

Impeaching Donald Trump Is Imperative to Preserving Our Democracy

There is no choice but to impeach and remove Trump.


Washington Post

By Neal Katyal and Sam Koppelman
November 2, 2019

Trump’s Defenders Need to Stop Pretending Impeachment is a Criminal Trial

They know better. Or they should, if they understand the Constitution.


Washington Post

By Neal Katyal and Joshua Geltzer
October 24, 2019

No, Trump Couldn’t Shoot Someone without Being Investigated for It

The president is arguing that he’s completely above the law. He’s wrong.


The New York Times

By Neal Katyal and Joshua Geltzer
October 2, 2019

Was There Another Cover-Up In Response to the Whistle-Blower?

The Justice Department should have shared a campaign-finance investigation with the Federal Election Commission.


The New York Times

By Neal Katyal
September 25, 2019

Trump Doesn’t Need to Commit a Crime to be Kicked out of Office

The Constitution is clear that the standard for an impeachable offense is political, not criminal.


Washington Post

By George Conway and Neal Katyal
September 20, 2019

Trump Has Done Plenty to Warrant Impeachment. But the Ukraine Allegations are Over the Top

It is high time for Congress to do its duty, in the manner the framers intended.


Washington Post

By George Conway and Neal Katyal
August 5, 2019

It’s Time to Debate Gun Control on its Merits

Nothing in the Constitution prevents moderate gun-control legislation.


The New York Times

By Neal Katyal
July 22, 2019

With Three Simply Answers, Mueller Can Speak Volumes

For those who have read it, the special counsel’s report speaks for itself. For those who haven’t, he can speak for it in Congress.


The New York Times

By Neal Katyal and Joshua Geltzer
June 25, 2019

The Travel Ban Shows What Happens When the Supreme Court Trusts Trump

A cautionary tale for the census case before the Supreme Court.


The New York Times

By Neal Katyal
June 17, 2019

Trump’s Abuse of Executive Privilege is More than a Present Danger

He’s making it harder for future presidents to govern.


Washington Post

By George Conway and Neal Katyal
June 12, 2019

Trump Just Invited Congress to Begin Impeachment Proceedings

The idea that only the president can investigate the president is an argument for autocrats, not Americans.


Washington Post

By Neal Katyal
June 3, 2019

Barr’s Zealous Defense of Trump makes it Impossible to Trust His Legal Judgment

The attorney general contradicted himself on how far former special counsel Robert S. Mueller III’s report could have gone.


The New York Times

By Neal Katyal
May 1, 2019

Why Barr Can’t Whitewash the Mueller Report

We have a system in place for our government to uncover evidence against a sitting president. And it’s working.


Washington Post

By Neal Katyal and Joshua Geltzer
April 19, 2019

Barr Tried to Exonerate Trump. That’s Not How the Special Counsel Rules Work

The attorney general isn’t supposed to be rebutting the special counsel.


The New York Times

By Neal Katyal
March 24, 2019

The Many Problems with the Barr Letter

By unilaterally concluding that Mr. Trump did not obstruct justice, the attorney general has made it imperative that the public see the Mueller report.


Washington Post

By Neal Katyal
March 22, 2019

I Wrote the Special Counsel Rules. The Attorney General Can – and Should – Release the Mueller Report.

I wrote the special counsel rules. The attorney general can — and should — release the Mueller report.


The New York Times

By Neal Katyal
February 21, 2019

The Mueller Report is Coming. Here’s What to Expect

A concise report will probably act as a “road map” to investigation for the Democratic House — and to further criminal investigation by other prosecutors.


Washington Post

By Neal Katyal and Michael Hayden
January 18, 2019

Michael Hayden and Neal Katyal: The House Should Investigate Impeaching Trump

Is Trump obeying his oath of office? The time has come for Congress to fulfill its constitutional duty and seek the answer.


Washington Post

By George Conway, Trevor Potter, and Neal Katyal
December 14, 2018

Trump’s Claim that he Didn’t Violate Campaign Finance Law is Weak – and Dangerous

The case against the president would be far stronger than the case against John Edwards was.


Washington Post

By Neal Katyal
November 12, 2018

The Rules Are Clear: Whitaker Can’t Supervise Mueller’s Investigation

I wrote the special counsel regulations. We never would have imagined a situation like this.


The New York Times

By Neal Katyal and George Conway
November 8, 2018

Trump’s Appointment of the Acting Attorney General is Unconstitutional

The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.


Washington Post

By George Conway and Neal Katyal
October 30, 2018

Trump’s Proposal to End Birthright Citizenship is Unconstitutional

Despite what the president says or wishes, the words of the 14th Amendment have meaning that cannot be wished away.


Washington Post

By Neal Katyal
September 26, 2018

How Rosenstein Can Protect the Mueller Investigation – Even If He’s Fired

I wrote the special counsel regulations. This is what he should do before his meeting with Trump.


Washington Post

By Neal Katyal
August 23, 2018

The Rule of Law in Trump’s America Seems Safe. For Now.

The Manafort and Cohen cases show that, so far. the justice system is doing what it's supposed to do.


The New York Times

By Neal Katyal
August 23, 2018

This Conspiracy Theory Should Worry Trump

When two or more people join together to break the law, as Michael Cohen says he and the president did, the penalties can be harsh.


TIME

By Neal Katyal
June 7, 2018

President Trump Is Wrong. The Mueller Probe Is Constitutional

Supported by a long-standing bipartisan consensus


The New York Times

By Neal Katyal
May 21, 2018

Can’t Indict a Sitting President? That Could Hurt Trump

Rudolph Giuliani’s assertion would mean the president must testify.


The New York Times

By Neal Katyal and Kenneth W. Starr
February 19, 2018

A Better Way to Protect Mueller

Robert Bork, criticized for his role in the Saturday Night Massacre, also made sure the president couldn’t easily fire another special prosecutor.


Washington Post

By Neal Katyal
January 26, 2018

Yes, Trump Can Fire Mueller. But a Normal President Would Know Not to Try It

Our constitutional system relies on character and judgment as much as on legal limits. It's being tested.