Cohen and Kirschner explain what DOJ resignations don't end
Their Legal Breakdown discussion separates leaving office from avoiding subpoenas, professional sanctions or possible prosecution.
Why this story? 1,124,350 views so far, and here is what is inside it.
CHAOS consumes the DOJ amid SHOCKING update
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- 0:45Kirschner identifies the DOJ departures at the center of the discussion.
- 4:33Resignation does not foreclose congressional investigations, state bar sanctions or criminal prosecution, Kirschner explains.
- 6:26A historical impeachment precedent illustrates how proceedings can continue after an official leaves office.
- 9:05Genuine executive privilege can survive departure from government; resignation does not automatically remove it.
- 11:04Congress can seek testimony through court enforcement and its inherent contempt power, Kirschner says.
"Just because you left the Department of Justice doesn't mean you can't be subpoenaed to be grilled by congressional committees," Glenn Kirschner tells Brian Tyler Cohen.
That distinction is the substance behind Cohen's headline, "CHAOS consumes the DOJ amid SHOCKING update." Responding to reports of several Trump-appointed officials departing after the midterm elections, Cohen and the former prosecutor examine what resignation changes, and what it leaves intact.
Kirschner lays out separate avenues for accountability: congressional investigations, state bar disciplinary proceedings and criminal prosecution. Leaving a government job does not, he explains, close those routes. These are possible processes, not findings that any departing official committed wrongdoing.
The discussion also reaches impeachment after resignation. Kirschner cites a historical precedent to explain why leaving office need not end congressional proceedings, with disqualification from future federal office remaining a possible consequence of a Senate conviction.
Cohen then asks the less obvious question: do departing officials also lose protections that might limit what they can disclose?
Not necessarily. Kirschner says genuine executive privilege survives a person's departure from the executive branch. Resignation is therefore neither a blanket shield against questioning nor an automatic waiver of privilege.
The final practical section turns to how Congress can obtain testimony. Kirschner describes court enforcement and Congress's inherent contempt power, bringing Cohen's discussion back from the dramatic language of departures to the mechanisms that could follow them.
The U.S. federal department responsible for enforcing federal laws and administering justice. It is led by the attorney general, who reports to the president.
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The Legal Breakdown episode has drawn more than a million views since its November 7 publication.


