Trump can't "Obstruct Justice"

fool

Well-known member
Hall of Fame
The President IS Justice he can't obstruct it.
When Obama told the Federal Gov to not go after Marijuana dispensaries in states that had legalized it was he "Obstructing Justice"?
When Obama created the DACA program and didn't deport people who should have been deported did he "Obstruct Justice"?
When Obama went "Catch and Release" on Illegals did he "Obstruct Justice"?

Of Course not. He simply didn't do his job.

A President can move on issues by doing his job. Or by not doing his job.

Trumps Travel ban was idiotic. He could have halted visas from those 7 countries by saying "I want to personally review all applications from these countries before approval put them right there" and pointed at a closet.

Don't say anything to anyone. Just say those visas are working their way thru the system and it's backed up right now. Which would be true.


Trump could simply Pardon Manafort, Flynn, Pappawhatshisname, and the other guy.
Here Dershowitz spells it out;

How do we feel about this?
 

patrick jane

BANNED
Banned
The President IS Justice he can't obstruct it.
When Obama told the Federal Gov to not go after Marijuana dispensaries in states that had legalized it was he "Obstructing Justice"?
When Obama created the DACA program and didn't deport people who should have been deported did he "Obstruct Justice"?
When Obama went "Catch and Release" on Illegals did he "Obstruct Justice"?

Of Course not. He simply didn't do his job.

A President can move on issues by doing his job. Or by not doing his job.

Trumps Travel ban was idiotic. He could have halted visas from those 7 countries by saying "I want to personally review all applications from these countries before approval put them right there" and pointed at a closet.

Don't say anything to anyone. Just say those visas are working their way thru the system and it's backed up right now. Which would be true.


Trump could simply Pardon Manafort, Flynn, Pappawhatshisname, and the other guy.
Here Dershowitz spells it out;

How do we feel about this?
Dershowitz is right and he's not a Trump fan or voter. Not one liberal here will watch that interview - 8 minutes
 

fool

Well-known member
Hall of Fame
Dershowitz is right and he's not a Trump fan or voter. Not one liberal here will watch that interview - 8 minutes

I want this to be more of an Educational Thread.
Let's leave the partisanship behind and focus on the nuts and bolts of how things work.
Because I don't think people understand how things work for the most part.
 

rexlunae

New member
The President IS Justice he can't obstruct it.

Dictatorship, in a few words.

When Obama told the Federal Gov to not go after Marijuana dispensaries in states that had legalized it was he "Obstructing Justice"?

There is a difference between a president speaking about a general matter of policy, as opposed to intervening in a specific case. No one contests the president's role in policy. But then there's the fact that that never happened. What you are thinking of was the Cole Memorandum, written by Deputy AG James Cole during the Obama administration.

When Obama created the DACA program and didn't deport people who should have been deported did he "Obstruct Justice"?

No. See what I said before about a matter of policy versus a specific case.

When Obama went "Catch and Release" on Illegals did he "Obstruct Justice"?

Of Course not. He simply didn't do his job.

A President can move on issues by doing his job. Or by not doing his job.

There is yet another consideration, however. If Obama had ordered his Justice Department to drop a particular drug case, hypothetically, it would have been really irregular, it would have probably been bad, but it wouldn't have been obstruction of justice on that fact-pattern alone. But if he did it with corrupt intent, say to stop an investigation that would eventually implicate him, it's a different story.

https://www.washingtonpost.com/blog...e-may-be-his-downfall/?utm_term=.5c55736eac3a

Trumps Travel ban was idiotic. He could have halted visas from those 7 countries by saying "I want to personally review all applications from these countries before approval put them right there" and pointed at a closet.

Chaos was the point. He wanted to hurt people to make change.

Don't say anything to anyone. Just say those visas are working their way thru the system and it's backed up right now. Which would be true.

For the most part, as long as he doesn't have an unconstitutional purpose, such a religious discrimination, he doesn't have to go through such a gambit. He can order it directly. It's unlikely that he has the authority to personally review each application though.

Trump could simply Pardon Manafort, Flynn, Pappawhatshisname, and the other guy.
Here Dershowitz spells it out;

How do we feel about this?

There's a good reason he wouldn't want to do that. Yes, he could pardon them. But then they lose all presumption of innocence and the protections of the Fifth Amendment in this case. They could all be compelled to testify against him. Since Trump's pardon power doesn't extend to impeachment cases, and that case would still go forward, Mueller would have a bunch of witnesses at his mercy.

And there's reporting that Mueller has worked with state AGs to ensure that there are state-level charges ready in case Trump goes on a pardon-spree.

And finally, there's the open question of whether or not Trump can use his pardon power in his own service. There's no explicit Constitutional restriction on it except for impeachment, but there is an understanding held by some constitutional scholars that there are implicit limits.
 

jgarden

BANNED
Banned
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"I am the State!"
- Louis XIV (1638 - 1715)

In a democracy, nobody including the President is above the law!

If "The President IS Justice he, can't obstruct it," what purpose does the Supreme Court serve, particularly when it hands down decisions that go against the wishes of a sitting President?
 
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