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"If Trump can pardon anyone, including himself, and shut down any investigation, then he has a free pass to break any federal law." (Photo: AP Photo/Evan Vucci, Wikimedia Commons, holwichaikawee/iStock)
America's Rickety Constitution Is Proving No Match for The Mad King Donald
Instead of restricting the growth of tyranny, the Constitution's separation of powers is enabling the coronation of our own mad king.
Jun 05, 2018
President Trump has officially embraced Richard Nixon's infamous view of presidential authority: "When the president does it, that means that it is not illegal." That is the clear implication of a letter Trump's lawyers sent to Special Counsel Robert Mueller, which made sweeping claims about the president's legal immunity from prosecution.
Very disturbing indeed -- but it is a reflection of the basic failure of the American constitutional structure to perform as advertised. Instead of restricting the growth of tyranny, the Constitution's separation of powers is enabling the coronation of our own mad king.
So what's in Trump's letter? The document contains many sweeping legal claims, but probably the boldest is that even if Trump ordered the termination of the Mueller investigation into himself and his associates, it would be fine: "[E]ven assuming, arguendo, that the president did order the termination of an investigation ... this could not constitute obstruction of justice." That fits with an earlier argument in the letter, which asserts that Trump's actions, "by virtue of his position as the chief law enforcement officer, could neither constitutionally nor legally constitute obstruction because that would amount to him obstructing himself" (l'etat, c'est moi, as the man said).
Rudy Giuliani, now one of Trump's lawyers, gave concrete form to that theory, asserting to HuffPost on Sunday that "in no case can [Trump] be subpoenaed or indicted" -- not even if he straight-up murdered former FBI Director James Comey. The only restraint on Trump's behavior, Giuliani said, was impeachment. Trump himself apparently agrees, tweeting that he has the "absolute right to PARDON myself," but would not do so (at least for the moment).
The implications are potentially sweeping. If Trump can pardon anyone, including himself, and shut down any investigation, then he has a free pass to break any federal law. He could take bribes, dole out appointments to his friends, or otherwise abuse his powers of office, and then simply dissolve any investigations and pardon anyone who gets caught. And since D.C. laws are federal laws, if Congress convenes an impeachment hearing, then by this logic there is nothing stopping Trump from ordering the murder of the committee members, and then pardoning the assassins.
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. If you share our vision, please contribute whatever you can to sustain our work. |
© 2023 The Week
Ryan Cooper
Ryan Cooper is the Managing Editor of The American Prospect. Formerly, he was a national correspondent at TheWeek.com. His work has appeared in the Washington Monthly, The New Republic, and the Washington Post.
President Trump has officially embraced Richard Nixon's infamous view of presidential authority: "When the president does it, that means that it is not illegal." That is the clear implication of a letter Trump's lawyers sent to Special Counsel Robert Mueller, which made sweeping claims about the president's legal immunity from prosecution.
Very disturbing indeed -- but it is a reflection of the basic failure of the American constitutional structure to perform as advertised. Instead of restricting the growth of tyranny, the Constitution's separation of powers is enabling the coronation of our own mad king.
So what's in Trump's letter? The document contains many sweeping legal claims, but probably the boldest is that even if Trump ordered the termination of the Mueller investigation into himself and his associates, it would be fine: "[E]ven assuming, arguendo, that the president did order the termination of an investigation ... this could not constitute obstruction of justice." That fits with an earlier argument in the letter, which asserts that Trump's actions, "by virtue of his position as the chief law enforcement officer, could neither constitutionally nor legally constitute obstruction because that would amount to him obstructing himself" (l'etat, c'est moi, as the man said).
Rudy Giuliani, now one of Trump's lawyers, gave concrete form to that theory, asserting to HuffPost on Sunday that "in no case can [Trump] be subpoenaed or indicted" -- not even if he straight-up murdered former FBI Director James Comey. The only restraint on Trump's behavior, Giuliani said, was impeachment. Trump himself apparently agrees, tweeting that he has the "absolute right to PARDON myself," but would not do so (at least for the moment).
The implications are potentially sweeping. If Trump can pardon anyone, including himself, and shut down any investigation, then he has a free pass to break any federal law. He could take bribes, dole out appointments to his friends, or otherwise abuse his powers of office, and then simply dissolve any investigations and pardon anyone who gets caught. And since D.C. laws are federal laws, if Congress convenes an impeachment hearing, then by this logic there is nothing stopping Trump from ordering the murder of the committee members, and then pardoning the assassins.
Ryan Cooper
Ryan Cooper is the Managing Editor of The American Prospect. Formerly, he was a national correspondent at TheWeek.com. His work has appeared in the Washington Monthly, The New Republic, and the Washington Post.
President Trump has officially embraced Richard Nixon's infamous view of presidential authority: "When the president does it, that means that it is not illegal." That is the clear implication of a letter Trump's lawyers sent to Special Counsel Robert Mueller, which made sweeping claims about the president's legal immunity from prosecution.
Very disturbing indeed -- but it is a reflection of the basic failure of the American constitutional structure to perform as advertised. Instead of restricting the growth of tyranny, the Constitution's separation of powers is enabling the coronation of our own mad king.
So what's in Trump's letter? The document contains many sweeping legal claims, but probably the boldest is that even if Trump ordered the termination of the Mueller investigation into himself and his associates, it would be fine: "[E]ven assuming, arguendo, that the president did order the termination of an investigation ... this could not constitute obstruction of justice." That fits with an earlier argument in the letter, which asserts that Trump's actions, "by virtue of his position as the chief law enforcement officer, could neither constitutionally nor legally constitute obstruction because that would amount to him obstructing himself" (l'etat, c'est moi, as the man said).
Rudy Giuliani, now one of Trump's lawyers, gave concrete form to that theory, asserting to HuffPost on Sunday that "in no case can [Trump] be subpoenaed or indicted" -- not even if he straight-up murdered former FBI Director James Comey. The only restraint on Trump's behavior, Giuliani said, was impeachment. Trump himself apparently agrees, tweeting that he has the "absolute right to PARDON myself," but would not do so (at least for the moment).
The implications are potentially sweeping. If Trump can pardon anyone, including himself, and shut down any investigation, then he has a free pass to break any federal law. He could take bribes, dole out appointments to his friends, or otherwise abuse his powers of office, and then simply dissolve any investigations and pardon anyone who gets caught. And since D.C. laws are federal laws, if Congress convenes an impeachment hearing, then by this logic there is nothing stopping Trump from ordering the murder of the committee members, and then pardoning the assassins.
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