A recent article from the Internet publication Release Fact just described the thoughts of constitutional expert Sujit Choudhry on a tweet from Eric Holder. When he read former Attorney General Holder’s tweet, he focused on the statement Mr. Holder made where he called any potential termination of White House special counsel Robert Mueller “an absolute redline”. Not stopping here, Holder also stated that if anything does happen to Mueller, he suggests that people engage in peaceful demonstrations. Choudhry points out that Holder’s tweet is based on the idea of “constitutional self-enforcement built around the concept of a focal point”. Check iconnectblog.com for more of his views. Put in simpler terms, it is an attempt to use the Constitution for gain on a particular subject. Another example of this rule would be a president attempting to extend his service longer than the usual two terms by declaring a state of emergency, dissolving the legislature or suspending elections. This is a way to use the constitution to get your way on a particular subject. More often than not, this has the opposite effect in inspiring their political opponents to mobilize against them.
Sujit Choudhry mentions several objections to this idea. For example, he is surprised that Eric Holder, having been the nations chief law-enforcement officer, with decades of experience, would not think to bring a legal challenge to any attempts to end Mueller’s authority. Furthermore, Choudhry writes that within a specific context, Holders “red lines” could be considered a democratic failure. Another example would be a military coup d’état, and yet another one would be electoral fraud by incumbents attempting to maintain a façade of democratic legitimacy. Needless to say, Choudhry definitely objects to the ideas, and the implications of Eric Holder’s tweet.
Sujit Choudhry speaks from experience having studied and researched multiple instances of constitutional building in many countries such as Egypt, Jordan, Libya, Nepal, South Africa, and Sri Lanka among many others. Mr. Choudhry is an internationally renowned scholar whose research deals with many subjects dealing with constitutional law and politics (constitutionaltransitions.org). He does research as a Professor of Law at the University of California, Berkeley.
Connect with Choudhry, visit https://www.linkedin.com/in/sujit-choudhry