A subpoena was issued to Richard Nixon to turn over his tapes. He made the argument that you can't subpoena a sitting president... He lost... in the … - Laurence Tribe
" "A subpoena was issued to Richard Nixon to turn over his tapes. He made the argument that you can't subpoena a sitting president... He lost... in the U.S. Supreme Court in the famous... Nixon tapes case. In , Bill Clinton made the argument that you can't make me testify, and it looked like that was going to go nowhere, so he finally relented and testified "voluntarily." ...[T]he argument that is made in... a memo [to Robert Mueller]... It's basically written to a kind of gullible, nonlegal public. It doesn't make any genuine legal arguments. In fact, there's a rather frightening statement... that it doesn't matter how corrupt the president's motives are. He can do anything with the Department of Justice, as though it's his own private law firm. It says, "I can even use the pardon power." Well, of course he can use the pardon power as a way of showing mercy to people, but he's begun using it as what I have called a giant and loud elephant whistle, basically telling people, "If you have my back and don't cooperate with the investigations into what Russia did, and what I did, and what I knew and when I knew it, I'll have your back." ...[I]t almost sounds like he's saying that he can pardon himself, and thereby evade impeachment. Well, first of all, the impeachment clause itself says that the pardon power does not extend to cases of impeachment. But if all he means is that he can pardon himself so that when he is out of office he can't be convicted, I think he's confusing himself with vice president Pence. Pence can pardon him if he leaves office, the way Ford pardoned Nixon, but as I show in an article with and others, the self-pardon is ruled out by the structure of the Constitution. The President can say, "Pardon me" if he steps on your toes, but he can't say "Pardon me" as an exercise of official power. That would be the height of regal arrogance, and we don't have a king, we don't have an emperor. In fact, one of our complaints in the Declaration of Independence against King was that he was using his royal prerogative to obstruct justice. Well, if this president thinks that obstructing justice in order to corruptly avoid discovering the truth is within his absolute authority, I think he's got a lesson to learn, and I think the American people will teach it.
About Laurence Tribe
Laurence Henry Tribe (born October 10, 1941) is an American constitutional law scholar, the Carl M. Loeb University Professor at the , and co-founder of the . He is the author of several books, including a major treatise, American Constitutional Law (1978) and has argued before the dozens of times.
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Additional quotes by Laurence Tribe
[T]hat speech... was political genius but jurisprudential danger, because he created an impression that Robert Bork really liked the idea of coat-hanger abortions, that he liked the idea of racial separation of neighborhoods, whereas the fact is that Bork’s philosophy might have led to many of those consequences, but to demonize him the way my friend Ted Kennedy did I thought was going to work politically, but something that people would come to regret later. And, of course, I think that’s what happened, because it rallied a lot of academics and scholars and moderates to Bork’s side, thinking that he had been improperly caricatured...
Now the country is faced with a president whose conduct strongly suggests that he poses a danger to our system of government. ...[I]mpeachable offenses could theoretically have been charged from the outset of this presidency. ...One important example is Trump’s brazen defiance of the ...The question of Russian interference in the presidential election and possible collusion with the Trump campaign go to the heart of our system and ability to conduct free and fair elections. ...[R]eporting suggests... the... sinister, with Trump insisting that Comey pledge "loyalty" to him in order to retain his job... the president turned to Twitter with a none-too-subtle threat that Comey would regret any decision to disseminate his... conversations... Nixon’s... list of actions... deemed... impeachable obstruction reads like a forecast of... Trump... misleading statements to, or withholding material evidence from, federal investigators or... employees; trying to interfere with FBI or congressional investigations; trying to break through the FBI’s shield surrounding ongoing criminal investigations... [T]he crucial thing is that the prospect now be taken seriously, that the machinery of removal be reactivated, and that the need to use it become the focus of political discourse...
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