Time to talk about impeachment

By | April 21, 2019

Laurence Tribe writes:

Despite Attorney General William Barr’s assurances and President Donald Trump’s boasts, the Mueller report doesn’t come close to exonerating the president of wrongdoing. Instead, it invites Congress to initiate impeachment proceedings. It’s time for Congress to heed that invitation.

In its extensive discussion of the constitutional issues implicated by special counsel Robert Mueller’s 22-month investigation, the report asserts that Congress has the authority to apply law “to all persons – including the President.” Specifically, Congress may “protect its own legislative functions against corrupt efforts designed to impede legitimate fact-gathering and lawmaking efforts.” The authority to prohibit a president’s corrupt use of power, the report finds, is essential to “our constitutional system of checks and balances and the principle that no person is above the law.”

The report declines to reach a judgment on whether the president has committed a crime because Mueller views himself as bound by Department of Justice policy against indicting a sitting president. This does not mean that the president has not committed a crime. Indeed, Mueller’s refusal to reach a judgment is based partly on principles of fairness to the president: while people accused of a crime usually have the opportunity to give their story at trial, in this case, when no charges can be brought, the accused has no opportunity to clear his name. Mueller pointedly notes that the sitting president’s immunity, however, would not preclude prosecution “once the President’s term is over or he is otherwise removed from office” — that is, impeached. [Continue reading…]

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