Bush to the Department of Homeland Security. “Obstruction of justice and perjury are far more important than most normal crimes,” says one of the prosecutors, Paul Rosenzweig, who was an appointee of President George W. But in the view of more than 1,000 former federal prosecutors, appointed by Republican and Democratic administrations alike, Trump would have been indicted for obstruction of justice based on the evidence in the Mueller report-if he were any American not protected by the office of the presidency. However, Mueller declined to make a traditional prosecutorial decision because of a Department of Justice legal memo stating that sitting presidents cannot be charged with a crime.
Special Counsel Robert Mueller’s investigation uncovered ten instances of President Trump potentially obstructing the Russia probe. Protecting agency officials’ independence is an essential check on the president’s power. The brief uses newly analyzed historical records from 1789 to demonstrate that there was never widespread support in the first Congress for the view that the Constitution grants the President unlimited power to remove agency heads. Mnuchin on behalf of Fordham Law Professor Jed H. We have proposed a package of legislative proposals to restore the rule of law and ensure that the abuses of power we are now witnessing never happen again.Īdditionally, we filed an amicus brief in Collins v. President Trump must be held accountable for his wrongdoing. Protect Democracy has been leading broad efforts to ensure that the American people are able to understand the attack on our 2016 election, the President’s efforts to interfere with the investigation into that attack, and subsequent actions that the President has taken to abuse his power since taking office. The Take Care Clause commands that a president shall “take Care that the Laws be faithfully executed,” and that the president is required to take an oath to “faithfully execute the Office of President.” It was no accident that the Framers included this requirement in the Constitution twice-for representative government only works if those in office act in good faith and in the public interest, not corruptly for his or her own self-interest. This tenant is reflected in our Constitution.
A core tenant of our democracy is that no one-not even the president-is above the law.
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