I believe Mr. Katyal is also credited with being the principal author of the special counsel regulations, 28 C.F.R. part 600, during the waning days of the second Clinton Administration. I thought then, and have thought ever since, that his was an extremely deft and perceptive job of legal draftsmanship.
It's astonishing that the regulations have survived every presidential administration since then. There was broad bipartisan agreement to let the prior independent counsel statute, aka Godzilla, lapse, but Congress has never been able to agree on a replacement, and seems unlikely to be able now. Nor has a prior administration seen fit, or perhaps been able, to improve on the separation-of-powers balancing act struck by Mr. Katyal through the regulations.
But will the current administration, with its frank dedication to "breaking things" — especially things that have annoyed the POTUS in the past — keep, change, or jettison the regs?
Yes—and he even has an endowed chair, which is very unusual for someone who maintains a full-time law practice (who are typically adjuncts or lecturers).
I believe Mr. Katyal is also credited with being the principal author of the special counsel regulations, 28 C.F.R. part 600, during the waning days of the second Clinton Administration. I thought then, and have thought ever since, that his was an extremely deft and perceptive job of legal draftsmanship.
It's astonishing that the regulations have survived every presidential administration since then. There was broad bipartisan agreement to let the prior independent counsel statute, aka Godzilla, lapse, but Congress has never been able to agree on a replacement, and seems unlikely to be able now. Nor has a prior administration seen fit, or perhaps been able, to improve on the separation-of-powers balancing act struck by Mr. Katyal through the regulations.
But will the current administration, with its frank dedication to "breaking things" — especially things that have annoyed the POTUS in the past — keep, change, or jettison the regs?
I saw this headline and glad you were able to get the scoop! Neal Katylal is one of my favorite lawyer follows on social media.
Is Katyal still associated with Georgetown Law?
Yes—and he even has an endowed chair, which is very unusual for someone who maintains a full-time law practice (who are typically adjuncts or lecturers).
Thank you for the information. So Neal is teaching along side one of my other favorite Substack writers, Steve Vladeck.
Georgetown Law (my husband Zach's alma mater) has an amazing faculty, both full-time and adjunct. The D.C. location is a huge asset.
I love Steve Vladeck too!