Latest Case: United States v. Anderson (Criminal Law)

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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United States v. Anderson

Docket: 18-1839

Opinion Date: January 9, 2020

Judge: Dennis G. Jacobs

Areas of Law: Criminal Law

Defendant was sentenced to 120 months in prison for federal drug offenses and the district court recommended that his federal sentence run concurrently with a yet-to-be-imposed state sentence for a parole violation. Defendant appealed, arguing that the district court erroneously assumed that it lacked the authority to impose a sentence that was concurrent or consecutive with the state sentence. The government consented to a partial remand to the district court because the district court erroneously assumed that it lacked authority to impose rather than merely recommend concurrent or consecutive sentences with respect to the yet‐to‐be‐imposed state sentence. However, the government did not consent to a remand for the district court to reconsider a related Guidelines issue, arguing that defendant waived his right to appeal procedural sentencing errors as part of his plea agreement. The Second Circuit vacated the sentence and remanded for the district court to consider both issues because they were closely related and it was within the court's discretion to control the scope of its mandate.