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DemocratSinceBirth

(99,710 posts)
Sat Jun 17, 2017, 10:02 AM Jun 2017

Article 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.

9 replies = new reply since forum marked as read
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Article ll does not preclude the president from being charged with obstruction of justice. (Original Post) DemocratSinceBirth Jun 2017 OP
You're absolutely correct. What's happened to Dershowitz? He knows better. Zen Democrat Jun 2017 #1
Executive power when it comes to firing and hiring is virtually limitless with the emphasis on virtu DemocratSinceBirth Jun 2017 #3
Yes. Nobody is saying the president doesn't have certain powers. He does. stopbush Jun 2017 #2
Impeachment was brought upon Clinton for obstruction of Justice--Newt was Speaker of the House riversedge Jun 2017 #4
Believe you meant Clinton, not Nixon unc70 Jun 2017 #8
oops, yes, thanks. I will correct. riversedge Jun 2017 #9
He should be left alone. He lacks disciplined sense of what laws mean. L. Coyote Jun 2017 #5
True. J_William_Ryan Jun 2017 #6
It also wouldn't preclude prosecution after he was removed. DemocratSinceBirth Jun 2017 #7

Zen Democrat

(5,901 posts)
1. You're absolutely correct. What's happened to Dershowitz? He knows better.
Sat Jun 17, 2017, 10:16 AM
Jun 2017

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)
3. Executive power when it comes to firing and hiring is virtually limitless with the emphasis on virtu
Sat Jun 17, 2017, 10:20 AM
Jun 2017

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)
2. Yes. Nobody is saying the president doesn't have certain powers. He does.
Sat Jun 17, 2017, 10:18 AM
Jun 2017

It's the abuse of those powers that has put tRump in legal jeopardy.

riversedge

(70,218 posts)
4. Impeachment was brought upon Clinton for obstruction of Justice--Newt was Speaker of the House
Sat Jun 17, 2017, 10:23 AM
Jun 2017

Last edited Sat Jun 17, 2017, 11:08 AM - Edit history (1)

at that time. Now he is claiming what is in your OP.

J_William_Ryan

(1,753 posts)
6. True.
Sat Jun 17, 2017, 10:26 AM
Jun 2017

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.

Trump’s providing Russian officials with sensitive intelligence in violation of this oath of office alone merits impeachment and conviction in the Senate.

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