Donald Trump actively hinders justice

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Intervening in an ongoing federal investigation with the purpose of overturning the investigation is a classic case of obstruction of justice.

When the President of the United States engages in such interference, his wrongdoing goes against the separation of powers and the system of checks and balances devised by the founders of the American experience against : "The exercise of the royal function" in a way that could "pervert the same thing into a hateful and unbearable tyranny".

The essential response to such abuse is indictment. That is the answer to the questions that George Mason asked in this regard to the Constitutional Convention of July 20, 1787: "No point is more important than the right of impeachment should be maintained . Does any one have to be above justice? Above all, this man must be above him, who can commit the greatest injustice?

All of this is important today because Donald Trump has just mingled with an ongoing investigation – aimed at forcing the declassification of documents and text messages relevant to the investigation of the influence. Russian on his campaign and his presidency. The President ordered the Department of Justice and the Office of the National Intelligence Director to begin the "immediate declassification" of key sections of the Foreign Intelligence Surveillance Act application for Carter Page. The President also ordered the declassification of "all FBI reports on interviews prepared in connection with all Carter Page FISA requests" and ordered the Department of Justice (including the FBI) to issue all text messages, from [former FBI director] James Comey, [former acting director of the FBI] Andrew McCabe, [former chief of the FBI’s Counterespionage Section] Peter Strzok, [former FBI lawyer] Lisa Page, and [former associate deputy Attorney general and former director of the Organized Crime Drug Enforcement Task Force] Bruce Ohr.

The White House is peddling the fantasy that the president is acting in the interest of "transparency". Columbia Journalism Review wisely noted that the transparency speech is hypocritical on the part of "our 45th president – who calls the journalists" scalded "- refuses to publish his tax returns or to completely disclose his commercial links and calls for

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The truth is that Trump does not promote transparency. That's like The Washington Post The editorial board explains "a clear abuse of presidential power in a case involving itself".

Former Acting Director of Central Intelligence, John McLaughlin, describes Trump's unprecedented interference as "wrong on so many levels for justice, law enforcement, intelligence." and supports that "this is probably the most serious attack of the president against the judicial system".

McLaughlin is right that Trump's intervention is problematic for law enforcement and national security. As Virginia Senator Mark Warner, the Democrat of the Senate Intelligence Committee, explains: "The president should not declassify documents to undermine an investigation of his campaign or to pursue vendettas against political enemies. In particular, it should not publish documents that could reveal sources of information. Even if the information published can ultimately harm Trump, Laurence Tribe, law professor at Harvard note wisely "Declassify FISA documents when the investigation they are part of is a particularly serious species of obstruction of justice – an impediment that endangers the methods and sources of intelligence, threatens lives, and undermines national security.

In addition to practical problems, Trump's wrongdoing raises profound constitutional concerns.

"President Trump, in a manifest abuse of power, has decided to intervene in an ongoing police investigation by ordering the selective dissemination of documents that, in his view, are useful to his defense team, the Democrat of rank in the United States. House Intelligence Committee. "Regarding some of these materials, the FBI and the Justice Department have already informed me that they would consider their publication as a red line not to be crossed because they could jeopardize sources and methods, "added Schiff." This obviously has no consequence for a president who cares nothing about the country and anything that concerns his personal interest. "

California Congressman Eric Swalwell, a member of the Intelligence and Judiciary Committees, was quite direct. Call the president "Without law … absolutely lawless," said Swalwell that "[Trump] is the subject of an investigation. Using one's power to disseminate classified information selectively is an abuse of power. His uncontrolled abuse days are numbered. TIC Tac. We will simply mark this as another exhibition.

This piece should support an indictment article as the first article that was aimed at President Nixon in 1974. Approved by the Judiciary Committee of the House on the bipartisan vote of 27-11, the article stated that "in his conduct the President of the United States, Richard M. Nixon, in violation of his constitutional oath, faithfully performed the office of President of the United States and, to the best of his abilities, preserved, protected and defended the Constitution of the United States and in violation of its constitutional provisions. the obligation to ensure that laws are faithfully executed has prevented, hindered and impeded the administration of justice. "

In particular, the panel argued that Nixon was to be removed "for interference or attempted interference in the conduct of investigations by the United States Department of Justice, the Federal Bureau of Investigation, the Bureau. of the . "

This is the type of interference that Trump is engaging in.

At the time of Nixon, Republicans joined the Democrats to ask a Republican president to account for the obstruction of justice. These are different times. But there can be no excuse for members of Congress, regardless of their partisanship, who do not recognize that the power of impeachment exists to address precisely such a chaotic presidency as that of Donald Trump.

(John Nichols wrote the foreword of the book The Constitution demands it: the case of the indictment of Donald Trump (Melville House), to which John Bonifaz contributed, along with constitutional lawyers Ron Fein and Ben Clements.)

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Donald Trump actively hinders justice

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