Donald J. Trump is channeling the spirit of Richard M. Nixon, who told David Frost in an April 1977 interview that “If the President does it, that means it’s not illegal.”
Or perhaps Trump is going back to the original source and is channeling the spirit of Louis XIV of France, an adherent of the concept of the divine right of kings, which advocates the divine origin of monarchical rule, who believed in the theory of absolute monarchy and consciously fostered the myth of himself as the Sun King, the source of light for all of his people. During Louis XIV’s reign, his main goal was “One king, one law, one faith.” “I am the State.”
President Trump’s bumbling lawyer John Dowd gave this exclusive interview to Mike Allen of Axios.com. Exclusive: Trump lawyer claims the “President cannot obstruct justice”:
John Dowd, President Trump’s outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.
The “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd claims.
Dowd says he drafted this weekend’s Trump tweet that many thought strengthened the case for obstruction: The tweet suggested Trump knew Flynn had lied to the FBI when he was fired, raising new questions about the later firing of FBI Director James Comey.
Dowd: “The tweet did not admit obstruction. That is an ignorant and arrogant assertion.”
Why it matters: Trump’s legal team is clearly setting the stage to say the president cannot be charged with any of the core crimes discussed in the Russia probe: collusion and obstruction. Presumably, you wouldn’t preemptively make these arguments unless you felt there was a chance charges are coming.
Americans rejected the divine right of kings and absolute monarchy when we told George III of England to “go stuff it up your ass” with the American Revolution. The source of power is “WE the people” in a democratic republic. Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” And if he fails to do so, Article 1, Section 2, Clause 5, provides for the impeachment of the president. The hallmark of American jurisprudence is that “No man is above the law.”
The first article of impeachment against both Richard M. Nixon and Bill Clinton were for obstruction of justice. The articles of impeachment against Andrew Johnson alleged high crimes and misdemeanors that today might be construed as obstruction of justice.