Toobin is notorious for not analyzing the law. He views the Supreme Court as a sort of exclusive Senate, where policy is decided by votes dictated by politics, not law. So, to him this was not a legal issue, but another political question. In his world, the liberal view is the right one.
Toobin is the polar opposite of an originalist or textualist. What the Constitution or the law says is irreverent to him.
Toobin is the polar opposite of an originalist or textualist. What the Constitution or the law says is irreverent to him. In other words - better to be "morally right" than factually correct since being morally right is purely subjective in this case - Mc Cabe is morally right as is Rosenstein, Obama, Clinton, Comey, CNN, Scarborough and his husband Brezhinski, MSNBC etc etc - the democrats.