[USA] the executive as the law

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Subject: [USA] the executive as the law
From: rsw@therandymon.com (RS Wood)
Newsgroups: dictator.america
Organization: The Dictator's Handbook
Date: Jun 05 2018 21:31:43
https://www.nytimes.com/2018/06/04/us/politics/trump-executive-power-russia-investigation.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news


“Trump is doing this not for national security reasons but to impede an
investigation into himself and his associates, and he’s staking a far
more sweeping claim to power than even other presidents by saying he
can use the Justice Department for whatever he wants,” Mr. Kris said.

He added: “They are saying not just that the president is above the
law, but in effect that he is the law — that he is the personification
of justice and cannot obstruct himself. That is very stark and not very
persuasive.”

The constitutional theory Mr. Trump’s team has put forward is not his
first line of defense. They also have mustered factual claims, denying
wrongdoing and arguing that as a technical matter, a particular
obstruction statute did not apply to his actions. (The memo, however,
appeared to be focused on the wrong statute, rendering the statutory
arguments beside the point.)

But the Trump team is invoking its aggressive constitutional theory to
backstop its other arguments. Even though Congress has made it a crime
to impede a pending or potential grand-jury investigation or trial with
corrupt intentions, they said, that statute cannot be applied to Mr.
Trump, no matter what the evidence shows about his actions and
intentions.


Date Subject  Author
05.06. * [USA] the executive as the lawRS Wood
06.06. +- Re: [USA] the executive as the lawJAB
06.06. `- Re: [USA] the executive as the lawJAB

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