General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsArticle ll does not preclude the president from being charged with obstruction of justice.
I still see some lawyers making the argument Article ll precludes the president from being charged with obstruction of justice. That's absurd. Can the president fire the FBI Director ? Yes. Can the president fire the FBI Direct because he refuses to end an investigation of his friend which might incriminate him ? No. Use of power can become abuse of power.
If the power to hire and fire was plenary the president could start selling governmental positions at an auction.
Zen Democrat
(5,901 posts)Regarding your last sentence, I think it's plausible that a secret auction was held: Betsy, Wilbur, Rex, Steve, Texas Oil (Perry), Montanto and Dow (Pruitt) and all the Goldman Sachs gang, accompanying a cadre of generals.
DemocratSinceBirth
(99,710 posts)Executive power when it comes to firing and hiring is virtually limitless with the emphasis on virtually. Granted power used for nefarious purpose can become illegal.
stopbush
(24,396 posts)It's the abuse of those powers that has put tRump in legal jeopardy.
riversedge
(70,218 posts)Last edited Sat Jun 17, 2017, 11:08 AM - Edit history (1)
at that time. Now he is claiming what is in your OP.
unc70
(6,114 posts)Newt was not in Congress until 1979.
riversedge
(70,218 posts)L. Coyote
(51,129 posts)J_William_Ryan
(1,753 posts)Article ll, Section 4 of the Constitution does not preclude the president from being impeached for obstruction of justice, where such obstruction warrants impeachment as bad behavior (misdemeanor) on the part of the president, whether or not the legal threshold of obstruction of justice is realized.
Impeachment is a political not legal process.
Indeed, Trump may be impeached for any number of misdemeanors pursuant to Article ll, Section 4: his baseless attacks of the judiciary, his providing Russia with sensitive intelligence in violation of this oath of office, his incessant lying, and his firing of Comey in an effort to undermine the Russia investigation have all reflected poorly on the presidency and demonstrated Trump unfit to be president, where his removal from office via the impeachment process is more than justified.
Trumps providing Russian officials with sensitive intelligence in violation of this oath of office alone merits impeachment and conviction in the Senate.