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Photo by visuals on Unsplash

President Donald Trump tweeted recently:

“…Delay the Election until people can properly, securely and safely vote???”.

A firestorm of rebuke across both parties came swiftly, with Senate Majority Leader Mitch McConnell flatly rejecting the idea of delaying the presidential election. The law is clear that only Congress can change the date, so it appears the President cannot unilaterally force a delay.

However, his constant threats to contest or delay the election puts Democrats on edge. The prospect of Trump hanging onto the power of the Presidency despite an election, or no election at all, seems crazy. Because it is. …


Presidential immunity explained

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(Image/Stephen Walker on Unsplash)

Our founders were clear they did not want the President to have the power of a monarch. They did not want the President to have “absolute immunity” in all situations. Giving the President absolute immunity would mean that the President would not be subject to the judicial branch of the government at all. Making him “above the law.” Over the past few hundred years, the Supreme Court has visited the issue of presidential immunity several times. As a result, different circumstances require different levels of immunity.

Criminal charges

A President may be impeached by the House of Representatives and convicted by the Senate for any criminal conduct, but he cannot be prosecuted criminally while in office by the judicial branch. That means that a state or federal prosecutor cannot bring charges or indict a President for a crime while in office. This doctrine of presidential immunity stems from Alexander Hamilton’s writing in the Federalist papers. He wrote that a President “may be impeached, tried and upon conviction … would afterwards be liable to prosecution and punishment in the ordinary course of law.” In other words, while in office, the appropriate venue for criminal charges is through Congress not the Courts. The Justice Department’s Office of Legal Counsel concurs with this assessment, but the Supreme Court has never ruled on the issue. …


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(Image/Sebastian Pichel via Unsplash)

As it turns out, in July of 2020, Hamilton is not only a quarantine-streaming-smash-hit musical but a part of today’s Supreme Court’s Opinion rejecting Trump’s appeal to shield his tax returns from a New York prosecutor. Chief Justice John Roberts, in laying out why the Court has decided that President Donald Trump is not above the law, invokes the entangled stories of Hamilton, Aaron Burr, and Thomas Jefferson.

Alexander Hamilton not only wrote in the Federalist papers that a President is immune from criminal prosecution while in office, but left unaddressed the issue of criminal investigation while in office. His duel with Aaron Burr not only ended his life, but started a chain of events that led to the Supreme Court decision U.S. v. Burr. In Burr, the Supreme Court held that then President Thomas Jefferson must comply with a subpoena in the criminal investigation of Aaron Burr. …


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Olga Delawrence for Unsplash

Why will the Supreme Court most likely order the release of Trump’s taxes tomorrow? Because of U.S. v. Nixon. In the Nixon case, a New York prosecutor requested the now infamous Nixon tapes be turned over during a criminal investigation. President Richard Nixon argued that he didn’t have to turn over the tapes since a President cannot be criminally indicted while in office. The Court ruled that even if a President cannot be indicted, he could still be investigated and ordered Nixon to turn over the tapes. The content of the tapes proved to be so damaging it caused Nixon to resign. President Donald Trump’s case is similar in that he is also being criminally investigated by a New York prosecutor. That similarity creates a strong argument that the precedent of U.S. v. Nixon applies and that his taxes should be turned over to the prosecutor. …


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Yes, remodeling is a pain. Yes, you will end up dealing with unexpected problems. Yes, you can do it!

No experience? Limited budget? No problem. When I set out on my first remodel project I had zero experience. I didn’t have a design background, nor am I a handy or crafty type. I learned a lot, but ended up spending much more than I budgeted. The second time I remodeled a property, I was smarter. I forged ahead with a few design hacks and kept it within budget. My favorite low-cost design tool? Paint. …


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Can President Trump prevent Rudy Giuliani from testifying to Congress because he is his private attorney?

Yes and No. The President can prevent Giuliani from testifying about any legal opinion or legal advice he gave to the President, but he cannot prevent him from testifying about any non-legal discussion they had or any discussions Giuliani had with third parties.

Let’s look at an example to see how the attorney-client privilege works. Suppose you want to start a business and you turn to your friend, who is also an attorney, for advice. The two of you discuss how to incorporate your company, but you also talk about whether or not your product is better than the competition. You even go one step farther and concoct a plan for how best to bring down your competition. …


The President just found his “Get out of Jail Free” Card and we all Played the Game

It’s about time those in the media stop underestimating the President. His often looney sounding tweets are often anything but that. The latest coverage around his accusation that the Obama Administration wiretapped his Trump Tower office is an excellent example.

What the media should’ve been reporting is what crucial information the President just received as a result of his tweet. Which is this:

None of the conversations that Donald Trump made at his office in Trump Tower were recorded.

Now the President is free to say whatever he wants about his conversations or lack thereof while at Trump Tower because, now he knows that there are no recordings to contradict him.

About

Dina Doll

Journalist, Lawyer, Certified Mediator. Legal Analyst at the Law & Crime Network.

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