The Constitutional Crisis Is Already Underway

[bigtree]

southpaw @nycsouthpaw
“Before this is over, either Trump’s sweeping claim will survive, or the rule of law will, but not both.”

____The newly leaked memo by Trump’s lawyers, obtained by the New York Times, suggests that such a crisis is not merely a likelihood, but that it has already begun...

Trump has been angrily tweeting demands that the investigation into him and his allies be halted, and that the Department of Justice instead open investigations into his political enemies. These tweets have been treated as the ravings of a blowhard who just happens to occupy the most powerful position in the world, yet is somehow merely blowing off steam. His lawyers are fully endorsing Trump’s right to do exactly the thing he is calling for. Trump’s lawyers are saying that he should be taken seriously and literally.

Should Trump’s legal case prevail in the courts — and the legality of such broad claims remains largely untested — it would confer upon any president, but immediately Trump, the ability to open charges against anybody the president wants to charge, and prevent investigations of anybody the president wants to protect, beginning with himself. This is l’état, c’est moi rendered as a formal legal case.

Indeed, the conclusion of the memo hints a even more expansive uses for the terrifying powers Trump has claimed. “Every action that the president took was taken with full constitutional authority pursuant to Article II of the United States Constitution,” they write, “As such, these actions cannot constitute obstruction, whether viewed separately or even as a totality.” Article II of the Constitution establishes the Executive Branch, which has numerous other offices, some quite powerful. The Internal Revenue Service lies within Article II. Trump’s lawyers would seem to believe the president can direct the IRS to open or close any tax audit of any figure the president wants to subject to, or protect from, scrutiny.

Trump cannot obstruct justice, according to his official legal stance, because justice is whatever Trump says it is. Before this is over, either Trump’s sweeping claim will survive, or the rule of law will, but not both.

read: http://nymag.com/daily/intelligencer/2018/06/the-constitutional-crisis-is-already-underway.html

[cos dem]

1. Constitutional crisis started on 20 Jan 2017.

[RandomAccess]

2. Ore even Nov 2016, or Dec. 12, 2016

Election day Nov whatever, or the day Electors voting day when they really let us down by formally, constitutionally electing someone who was clearly, demonstrably unfit.

[Dave Starsky]

6. It goes back to the 2000 Presidential election...

Which was decided by the Supreme Court, entirely extra-Constitutionally.

One might argue it goes all the way back to Ford's pardon of Nixon for crimes he "might" have committed, but Bush v Gore was really the first time the Republican party blatantly wiped their asses with the Constitution, and the brakes have been off ever since.

[saidsimplesimon]

15. Not only unfit,

he was elected with interference from a foreign power that IT invites to our WH to celebrate the firing of James Comey.

This was an illegitimate win and I will never consider him a "duly elected representative".

[Mr.Bill]

3. And we are so deeply divided by party identity

that currently there would be no hope of passing any constitutional amendments to fix it. He, we couldn't even pass the Equal Rights Amendment in modern times.

[erronis]

5. I'm not sure about party identity

The repuglicans seem to be a very big tent including some left-behind conservatives, some libertarians, some tea-partyists, and a whole mess of greedy and power-hungry bastards.

Perhaps we are just divided by the section that want to understand reason and those that want to be told what to do. Fortunately the big tent repuglicans seem to encompass most of the latter.

But I do agree with your analysis about passing any worthwhile amendment or even laws that benefit the majority of the citizens. It's not going to happen with this current corrupt congress.

[Bernardo de La Paz]

4. Began when McCONnell block SCotUS seat. And blocked informing state Electoral Commissions of hacking

[kairos12]

9. Agree.

[bucolic_frolic]

14. Agree, and

McConnell knew what he was up to, and Trump knew what he was up to. Both exuded total confidence that the path going forward would favor them. They gave not a wink to an adverse outcome. Because, they knew.

[muntrv]

7. So, US vs Nixon will be overturned?

[Quemado]

8. If US v Nixon is overturned

it’s Katy bar the door!

[FakeNoose]

10. How could that happen?

Nixon was pardoned as soon as he resigned. Most of the Watergate participants are dead now, with the exception of John Dean, Henry Kissinger and very few others. I can't see any point in opening the US vs. Nixon case, and there would be no possibility of overturning it. Nixon was so overwhelmingly guilty, even he realized it.

[lastlib]

18. "If the president does it, then it's not illegal.".....

"The king can do no wrong"...... It's what we fought a f&ckin' REVOLUTION for, folks. It may be what we have to fight another one for in the near future.

[Stinky The Clown]

11. Our version of Ermchtigungsgesetz is almost here. This is frightening.

https://en.wikipedia.org/wiki/Enabling_Act_of_1933

[BSdetect]

12. They know we have no recourse but the existing system of elections

and they have already mangled that process.

When they make a move the enshrine drumph as their king it will be too late unless we show them that such action will never be accepted.

Demonstrations will not be enough.

We have been defeated in the cyberwar battles so far.

[calimary]

16. That's why they do nothing about the Russians, in my opinion.

It’s very simple. They know, even though they don’t admit it, that the Russians held them cheat. Russian intervention in our last election HELPED THEM WIN. And because they fear a blue wave is coming to wash them out of power, they’re hoping for more of that help again.

THAT’S why they’ve done nothing about it.

THAT’S why they’ve done nothing to stop it.

THAT’s why they’re not interested in looking into it or investigating it or using their committee subpoena power to dig down into it.

Frankly, I suspect they don’t even want to know what went on. And as long as they keep repeating their many versions of “nothin’ to see here, folks,” there won’t be ANY truths seeing the light of day or crimes exposed to the public and to prosecution.

Looks to me like that means they are ALL, as a party, guilty of MASSIVE obstruction of justice.

Dear God, will we even make it to November?

[Solly Mack]

13. Cheney/Unitary Executive said pretty much the same thing about Bush.

Using Article II, the Bush administration made the claim that he could do pretty much whatever he wanted to do (to include torture) and that he was beyond the reach of judicial review. (the law, the courts).

No need to go back to Nixon for an example. Bush claimed the same.

[Cha]

17. Yes, we're here.

[orangecrush]

19. They have declared a dictatorship.

[Cha]

20. We Need to GOTV and

Un-Declare them.

[orangecrush]

21. indeed!