Harvard Law folks on the Comey-Trump soap opera
A Facebook friend who is passionate about Hillary, Trump-hatred, and demanding that Everyone Pay Attention, linked to this interview with a Harvard Law School lecturer:
it could justify a further investigation into obstruction of justice on the part of the president. The matter certainly warrants an investigation.
It was at a meeting in which he asked everyone else to leave, which is an enormously suspicious thing.
The difference between this and President Nixon in Watergate is that in Watergate there was a tape. [Trump = Nixon without a tape recorder]
The action of [Comey] releasing this information was incredibly self-protective. [Why would he need to protect himself? He is at home collecting taxpayer-funded pension checks? Or he is working as a lobbyist or for a government contractor getting paid $1+ million? Or maybe he will write a book for $10 million?]
The article was published by Harvard itself. The Facebooker described it as the “clearest explanation.”
Here’s a piece by a Harvard Law School professor (not published by Harvard, certainly!):
President Trump also had the constitutional authority to order Comey to end the investigation of former national security adviser Mike Flynn. He could have pardoned Flynn, as Bush pardoned Weinberger, thus ending the Flynn investigation, as Bush ended the Iran-Contra investigation. What Trump could not do is what Nixon did: direct his aides to lie to the FBI, or commit other independent crimes. There is no evidence that Trump did that. [Why didn’t Trump do this, actually? Just pardon both Hillary Clinton and this Flynn guy and move on?]
Throughout United States history — from Presidents Adams to Jefferson to Lincoln to Roosevelt to Kennedy to Obama — presidents have directed (not merely requested) the Justice Department to investigate, prosecute (or not prosecute) specific individuals or categories of individuals.
It is only recently that the tradition of an independent Justice Department and FBI has emerged. But traditions, even salutary ones, cannot form the basis of a criminal charge. It would be far better if our constitution provided for prosecutors who were not part of the executive branch, which is under the direction of the president.
The president can, as a matter of constitutional law, direct the attorney general, and his subordinate, the director of the FBI, tell them what to do, whom to prosecute and whom not to prosecute. Indeed, the president has the constitutional authority to stop the investigation of any person by simply pardoning that person.
In a world where people think that the legal system should be deterministic, at least to some extent (and you’d hope, on the definition of what conduct is criminal), how can we explain the discrepancy between these points of view?
It seems that the first opinions are those of a legal expert who was appointed by a Clinton family member (Bill) to a federal judgeship. The second opinions are those of a legal expert who was not similarly favored by Bill or Hillary.
[The other fun recent Facebook item was from a student at a liberal arts college. Citing a video of Senator Claire McCaskill talking about our government-directed health insurance schemes, she said “It is always women who fight against injustice and power.” There was a huge quantity of feedback on this observation, all of it positive, mostly from folks most of their way through $500,000 of U.S. K-12 and liberal arts education. I wonder how it would work for a student who cited Jesus, Gandhi, Dietrich Bonhoeffer, Mandela, and MLK and concluded “It is always men who fight against injustice and power.”]
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