No president is above the law. Not even Donald Trump.
But that’s what his lawyer John Dowd claimed according to a report by Axios.
On Saturday, Trump responded to Michael Flynn’s plea deal and agreement to testify against him and his family on Twitter.
I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!
— Donald J. Trump (@realDonaldTrump) December 2, 2017
In doing so, Trump admitted he knew Flynn lied to the FBI, which means he wrongly fired James Comey for investigating Flynn. In short, Trump admitted to obstructing justice.
But not long after, Dowd claimed that he wrote the tweet and had the gall to maintain that presidents can’t obstruct justice.
“The tweet did not admit obstruction. That is an ignorant and arrogant assertion. President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case.”
But Article II states explicitly that:
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
That means a jury can convict Trump of committing obstructing justice, which is a high crime.
On Monday morning, Morning Joe guest and MSNBC national security adviser Matthew Miller slammed Dowd for claiming that presidents are above the law.
Miller said of Trump’ lawyer that:
“They might as well come out and say the president is above the law. That’s the takeaway from that statement. That the president can do whatever he wants. He can shut down investigations into himself and his friends and allies. And there’s no recourse. I think there is a legal argument over whether the president can be indicted. It’s never happened in our history, and there’s some debate over it. But there is no question that the president can obstruct justice.”
However, a legal memo written for Kenneth Starr by a conservative law professor during the investigation of President Bill Clinton in 1998 makes it clear that a grand jury can indict a sitting president.
“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties. In this country, no one, even President Clinton, is above the law.”
Republicans agreed with that assessment back then when a Democrat was in office. Of course, they refute it now, which makes them all hypocrites.
But the bottom line is that Trump committed obstruction of justice, and the court can indict him for the crime. It doesn’t matter what he or his lawyer says.
Here’s the video of Miller’s full remarks:
Featured Image Via MSNBC Video.