Constitutional Crisis?

Trump’s me-above-all persona is also his 'legal stance' on his presidential power.

The specter of a constitutional crisis has long loomed over the Russia investigation.

The memo by Trump’s lawyers, obtained by the New York Times, suggests a crisis has begun.



The most important passage is its assertion of presidential authority.

“The President not only has unfettered statutory and Constitutional authority to terminate the FBI Director, he also has Constitutional authority to direct the Justice Department to open or close an investigation, and, of course, the power to pardon any person before, during, or after an investigation and/or conviction,” they write, “Put simply, the Constitution leaves no question that the President has exclusive authority over the ultimate conduct and disposition of all criminal investigations and over those executive branch officials responsible for conducting those investigations.”

They put it simply. Trump, in their view, has unlimited control to close any federal investigation.

Trump has been tweeting demands that the investigation be halted.

His lawyers are fully endorsing Trump’s right to do exactly that.

Should Trump’s legal case prevail in the courts, it would confer upon any president, but immediately Trump, the ability to prevent investigations of anybody the president wants to protect, beginning with himself.

Indeed, the conclusion of the memo hints: “Every action that the president took was taken with full constitutional authority pursuant to Article II of the United States Constitution...” “As such, these actions cannot constitute obstruction, whether viewed separately or even as a totality.”

Trump cannot obstruct justice, according to his legal stance, because justice is whatever Trump says it is. Before this is over, either Trump’s claim will survive, or the rule of law will survive, but not both.