Saturday, November 26, 2016

Resignation Speculation

"Oh, what a tangled web we weave ... " -- Walter Scott

"Winning isn't everything. It's the only thing." -- Vince Lombardi

"When the President does it, it's not illegal." -- Richard M. Nixon

"The law is totally on my side, meaning, the President can't have a conflict of interest." -- Donald Trump

   That last comment can be interpreted two ways. Trump seems to believe that a conflict is not possible, echoing Nixon's statement. Equally, it can be read as meaning conflicts are forbidden.

   What are the odds that Donald Trump will step aside before January 20 and not be inaugurated as the 45th President of the United States?
   He could still say he won, which to him is the most important part of the game of life, then leave the stadium before the hard part actually begins.
   Given the choice of running his many business ventures worldwide without getting tangled in a web of projects sponsored by other governments that would pay his organization, thus violating the U.S. Constitution, or giving up all connections to his many business ventures may well be a tough choice to make.
   Can he do both?
   Possible, but not likely.
   There is no law that says he must give up his business interests. But if he does not, and is caught accepting payments of any kind from a foreign state, he would be guilty of violating the Constitution. Further, such payments could be construed as bribes, which are grounds for impeachment.
   Later, after impeachment, trial and conviction, he would be removed from office. At that point, he could face further legal entanglements in civil or criminal court. This would not be double jeopardy, since impeachment is neither a civil nor a criminal matter.
   So rather than endanger his many business connections -- and sources of revenue -- he could decide that discretion might be the better path to follow, and maintain that he was stepping aside for the sake of national unity and not burden the presidency with distractions.
   He has already taken one step in that direction, however, in settling the Trump University case. He will shell out $25 million to stop that fraud case, thereby avoiding the risk of having to testify in court while in the Oval Office of the White House. Total damages sought in that case came to some $40 million, prompting our resident cynic to say he's already $15 million to the good. In addition, the $25 million payout can be a tax deduction.
   There are still dozens more civil cases pending against him and his various companies, however, and some of them could require court testimony.
   So between dealing with court cases against him and avoiding charges of taking forbidden payoffs  -- emoluments, the Constitution calls them -- a President Trump would have a very busy term.
   To avoid all that, and devote all his time to fending off legal challenges, preserving his business ventures and his personal fortune, he would have to fix his priorities. The question being, which is more important, maintaining control of the Trump Organization or being President.
   There is a good case to made that he can't have both.

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