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I accused Trump without a crime, unlike our criminal presidents – Investment Watch

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by Fabio Maximum

Summary: Trump's accusation shows American politics in its total dysfunctionality. Here is a legal analysis of a key aspect of the articles of political judgment.


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ID 159602507 © Designer491 | Dream time

Accusation for our enemies, but not for our friends!

LBJ and Bush Jr. lied to us in wars. Obama signed a treaty and implemented it without Senate approval. Obama killed US citizens while driving – no verdicts, no trials, no court orders. Bill Clinton lied under oath to hide the behavior that would have caused the immediate dismissal of any CEO. But Trump is an enemy of the establishment, so his sins will be prosecuted severely.

Imagine how different the situation would be if Congress announced that they would no longer ignore the crimes committed by presidents, and would use their full powers to enforce the Constitution. That would be the beginning of a new America.

The president's accusation usually requires a crime.

Samuel Estreicher and Christopher Owens.
Excerpt from an article published in Justia's verdict, January 7, 2020.

For the first time in our history, the House of Representatives has accused a president for conduct that is not considered a crime. The political trial of Andrew Johnson and William J. Clinton, as well as the impending political trial of Richard M. Nixon, involved alleged crimes, while some of the additional articles of political judgment did not.

On December 18, 2019, a majority in the House approved two articles of political trial against President Trump: one for "abuse of power" and the other for "obstruction of Congress." None of the articles establish a crime or even a legal violation. Unlike established crimes or other crimes, none of the articles contain required elements against which proof of violation can be determined. Regardless of what the Senate does ultimately, Trump's dismissal is a serious moment for the union and, hopefully, one that does not result in substantial damage to the presidential authority and our civic culture.

The President's behavior in suspending defense aid to Ukraine apparently to snatch an ally from an ally that he would investigate the affairs of the son of a political rival should be condemned by Congress, but is it impenetrable behavior? On that issue, we must be guided by a uniform principle: what will be considered sufficient for the presidents we do not like will also provide the standard for the dismissal of the administrations we favor. There must be some standard of objective misconduct, not malleable, so that, especially in today's polarized environment, the challenge becomes too easy a vehicle for the party that controls the Chamber to hamper an administration of the opposing party over the differences partisans. …

The interpretation of non-criminal offenses is also difficult to match with other aspects of the constitutional text. …

Wherever the Constitution refers to "crimes" or "offenses" the reference is to criminal offenses. Nowhere are such terms used to refer to non-criminal conduct or conduct that could be prohibited without a basis in a pre-existing prohibition.

The above suggests a textual basis for an objective norm that provides some restriction to the political impulse of misuse of dismissal and that is consistent with the past practice of presidential dismissal: a minimum requirement, or at least a very strong presumption, that The President committed a crime under preexisting federal law and perhaps a certain state law dealing with crimes of garden varieties.

The commission of a crime is necessary, from this point of view, for the removal and presidential removal, but not all crimes fall under the class of "other serious crimes and misdemeanors." In the context of the impeachment of President William J. Clinton, there was no dispute that he had committed the federal crime of lying under oath before a grand jury. The question was whether lying about a private sexual relationship with an inmate sufficiently implied the public duty of the president to constitute a "high crime and misdemeanor." …

———— See the full article! ————

About the authors

<img class = "alignleft wp-image-138761 jetpack-lazy-image jetpack-lazy-image – handled" style = "border: 0px; clear: both; display: block; margin-left: auto; margin-right: auto ; height: auto; maximum width: 100%; lower margin: 1.625em; "src =" https://i0.wp.com/fabiusmaximus.com/wp-content/uploads/2020/01/Samuel-Estreicher.jpg ? resize = 175% 2C175 & ssl = 1 "sizes =" (maximum width: 175px) 100vw, 175px "srcset =" https://i0.wp.com/fabiusmaximus.com/wp-content/uploads/2020/01/Samuel -Estreicher.jpg? W = 440 & ssl = 1 440w, https: // i0 .wp.com / fabiusmaximus.com / wp-content / uploads / 2020/01 / Samuel-Estreicher.jpg? Resize = 300% 2C300 & ssl = 1 300w "alt =" Samuel Estreicher "width =" 175 "height =" 175 "data-attach-id =" 138761 "data-permalink =" https://fabiusmaximus.com/2020/01/19/impeach-trump -without-a-crime / samuel-estreicher / "data-orig-file =" https://i0.wp.com/fabiusmaximus.com/wp-content/uploads/2020/01/Samuel-Estreicher.jpg?fit = 440% 2C440 & ssl = 1 "data-orig-size =" 440,440 "data -comments -opened = "1" data-image-meta = "{" aperture ":" 0 "," credit ":" "," camera ":" "," caption ":" "," created_timestamp ":" 0 "," copyright ":" "," focal_length ":" 0 "," iso ":" 0 "," shutter_speed ":" 0 "," title ":" "," orientation ":" 0 "}" data- image-title = "Samuel Estreicher" data-image-description = "

Samuel Estreicher

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Samuel Estreicher

Samuel Estreicher is a professor at Dwight D. Opperman at the NYU School of Law. He is also director of the Center for Labor and Labor Law and co-director of the Institute of Judicial Administration. See your page on the university website.

Christopher Owens

Christopher Owens is a third-year law student at the New York University School of Law. He has a B.A. from Brown University and an M.P.P. from the University of Michigan.

About Justia

Justia is an American website specialized in recovery of legal information. It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the largest online databases of legal cases.


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