Indicting the President is Pointless

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The Criminal in Chief

Since we are currently stuck with a criminal president, people have spilled a lot of ink, or filled a lot of pixels, arguing over whether one may indict a sitting president under the Constitution.

The answer is simple: nothing in the Constitution prohibits indicting a sitting president, but doing so is pointless. One conservative legal scholar wishes to insist that, by dint of the prosecutorial powers inherent in the executive, it is impossible, or unlawful, under the Constitution, to indict a president. This is nonsense. He does make a valid, determinative point, however.

Indicting the president is pointless because any conduct that should result in an indictment of the president should also result in impeachment of the president. So, if you believe, quite reasonably, that the Mueller report contains evidence that requires indictment of the Criminal in Chief, you also believe that the House should impeach him, which they inexplicably refuse to do.

The objection always comes that, at the moment, the only reasonable surmise is that the Republicans in the Senate would refuse to remove him. So what? We do not now know what the effects of an impeachment investigation in the House would be, because the House refuses to conduct one. They have issued a number of subpoenas 45that the Criminal in Chief has uniformly refused to comply with, any one of which may end up before the Supreme Court.

Even now, it would be a gargantuan act of partisanship for the Court to claim that the president may legally refuse to comply with otherwise valid subpoenas. That would precipitate the “constitutional crisis” drama queens have been wailing about for months.

Or, the Court could arrive at the legally correct conclusion and order Trump to comply, only to have the Criminal in Chief ignore an order from the Supreme Court. We can only hope that Nancy will find her big girl panties if that happens and immediately order impeachment hearings in the House Judiciary Committee, tossing the ball into the Republicans’ laps for the republic to learn if their dedication to Party loyalty above all else reaches as far as allowing their president to ignore an order from the Supreme Court, and thus flout the obvious, well established framework of government under our Constitution.

But, again and again, the legal position of the House in any of these cases would be even stronger if they proceeded under the auspices of an impeachment investigation.

Impeach the Criminal in Chief.

Written by

Uppity gay, Buddhist, author, historian.

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