Friday, November 15, 2019

The Lawless President

"I could shoot somebody on Fifth Avenue and not lose any votes." -- Donald Trump

He has "absolute presidential immunity." -- Trump attorney William Consovoy

   The United States Supreme Court now is being asked to decide the issue of whether a president is immune from prosecution or investigation, either from a state seeking financial records or from a Congressional committee subpoena for similar tax records.
   Whether the Supreme Court agrees to hear the cases is now the question, and that may not happen for months, until the general election campaign is in high gear.
   Even so, the news accelerates the pace of the impeachment procedure as House committees continue to hear witnesses providing information on the president's actions and comments.
   The New York probe deals with allegations of payments made to women to have them stay quiet about sexual affairs with the president. It is a civil issue at the state level, and the debate is whether federal laws and presidential "immunity" apply.
   The state case demanded financial records from Trump's accounting firm, and not directly from the president. Nonetheless, the president's attorney argued that "presidential immunity" still applies. A federal court of appeals has already rejected that claim.
   The House committee subpoenaed financial records for eight years before he was elected, and is investigating possible illegal conduct before or during Trump's time in office.
   So the broader question is whether a president while in office is immune from prosecution of any kind. Or as opposing politicians have repeatedly put it, "No one is above the law."

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