45's lawyers argue that it is unconstitutional to even investigate him....WTF?

[alwaysinasnit]

https://www.nytimes.com/2019/09/19/nyregion/trump-tax-returns-lawsuit.html

Lawyers for President Trump argued in a lawsuit filed on Thursday that he could not be criminally investigated while in office, as they sought to block a subpoena from state prosecutors in Manhattan demanding eight years of his tax returns.

Taking a broad position that the lawyers acknowledged had not been tested, the president’s legal team argued in the complaint that the Constitution effectively makes sitting presidents immune from all criminal inquiries until they leave the White House.

Presidents, they asserted, have such enormous responsibility and play a unique role in government that they cannot be subject to the burden of investigations, especially from local prosecutors who may use the criminal process for political gain.

Several constitutional law scholars interviewed by The New York Times said that if the lawyers’ position were accepted by the court, it would set a sweeping new precedent.

.............

I wonder what legal basis they are using to underpin that argument.

[Iliyah]

1. It would also backfire on the Republicans as well and

I don't think they want to go that route.

[barbtries]

2. the legal basis

is the courts they've packed with trumpsters i guess. otherwise they would not even attempt to do this.

[unblock]

3. because they'd never dream of investigating a democratic president.

actually, it makes perfect sense if you buy the (completely insane) argument that a sitting president can't be indicted.

if the president's too busy, has unique constitutional duties, etc., to be indicted, then the same logic would say they're too busy to be investigated. after all, fighting an investigation involves activities similar to fighting an indictment.


of course, it seems a bit of a stretch to use that argument to deny access to income tax returns, given that those returns have already been prepared, signed, and submitted to the federal government and it really requires zero effort on the part of the president other than getting out of the way....

[lame54]

5. It seems he is taking more time and effort fighting it

[unblock]

7. indeed, there's a certain irony there.

i can see a judge mulling it over:

"so, the president's defense is that he's too busy and doesn't have the time and resources to mount a defense"

"right, your honor"

"and who are you defending?"

"the president, your honor"

"so let me get this straight -- the president is busy, but found the time and resources to mount a defense, and that defense is that he doesn't have the time and resources to mount a defense?"

"that's right, your honor."

" "

[Hekate]

4. Because that's what the Founders wanted: a king without restraints of any kind

[MFGsunny]

6. It's all part of what DIS-BARR had to say in his AG job-app memo to MF45.

The "unitary executive" theories are drowning us - we, the people - and our legitimate democracy.


ELECT A CLOWN.
GET ROPED INTO A NIHILISTIC CIRCUS.

[Baitball Blogger]

8. The Republican House used a private lawsuit as a Trojan Horse

against Clinton. You mean to tell me that after the trail of civil law abuses the president has left behind, that NO ONE has a legal cause against him?

[Mme. Defarge]

9. So, impeachment is unconstitutional?

[alwaysinasnit]

10. I don't think they are going quite so far, just that no one is allowed to criminally investigate

45 while he is in office (for however long that is). I imagine they figure that evidence and testimony will lose credibility over time and that the statute of limitations for a lot of these crimes will run out before 45 is out of office. Just speculation on my part.

[Bernardo de La Paz]

11. "not been tested", meaning they will push it all the way to Supreme Ct that Trump above the law.

[alwaysinasnit]

12. Good point.

[royable]

13. I could hire a team of lawyers to claim that I'm a blue penguin

but that doesn't make it true.

[alwaysinasnit]

14. True, but 45 has the advantage of Moscow Mitch packing the courts with ultra-conservative judges

who might actually validate this argument.

[onethatcares]

15. and that's the scariest part n/t

zip

[Vinca]

16. Then I guess they better lock Bob Mueller up. This is one of the dumbest arguments ever.

Even one of the Trump dim witted judges will laugh this out of court.

[Volaris]

17. 'I wonder what legal basis they are using to underpin that argumment'

King Donald doesn't want to go to prison.