The President Is Arguing He’s Above the Law. He’s Wrong.

ICAP’s Neal Katyal & Joshua Geltzer Rebut Trump’s Lawyer

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ICAP’s Faculty Director Neal Katyal and Executive Director Joshua Geltzer have published a new piece in the Washington Post rebutting a position taken this week by President Trump’s lawyer in federal court. Here’s an excerpt:

Ultimately, Trump was in court this week to defend a single premise: Donald Trump is above the law — not just as president but as a person and a businessman. His central argument for resisting the subpoena issued by New York prosecutors was that there is no way to distinguish any of Trump’s activities, even his financial activities before becoming president, from the office Trump now holds, an office that furnishes him with certain immunities. L’etat, c’est moi, as Louis XIV would have it: I am the state.

That’s a plausible position for a king (though even for monarchs, it has been out of fashion for several centuries). But it’s an outrageous one for a president.

Read the full piece here.

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Joshua Geltzer
Institute for Constitutional Advocacy and Protection

Executive Director and Visiting Professor of Law, Georgetown Law’s Institute for Constitutional Advocacy and Protection