Wednesday, May 1, 2024

Is the President Above the Law?

 Of course not. Truly the Constitution provides that America's chief executive has limited powers of authority which implicitly means that his conduct is subject to control.

 [The principle has been a part of Anglo-American law since the Magna Carta of 1215 for Molly limited the power of King John and his successors. Although the English monarchs of the first half of the 17th century took exception by proclaiming their divine rights of kings, that you had adverse consequences for Charles I]

But are there not circumstances which should incline those charged with enforcing the law to decline the opportunity to hold the president accountable for his transgressions?

 Yes

 We are living through events which wiser people would not have allowed to occur.

 A healthy nation requires a commitment by its citizenry (at least most of them) that their shared values, principles and beliefs join them together. One of the most important is that despite differences on some matters, we trust the general fairness of our leaders. Those of us who do not have it question the legitimacy of those exercising authority.

 The simple fact is that a very large number of Americans no longer have that faith. Of course, one can respond that that that attitude is largely baseless. Election 2000 was not stolen! But that misses the point. Judgments result from what people believe. Those beliefs may, or may not, be true. That doesn't matter. Judgment generates action.

 Because Donald Trump is perceived as a victim of Democratic Party skullduggery, legal action against him is seen as more of the same. It is illegitimate. Again, the fact that Trump is an unmitigated reprobate is beside the point as is the high likelihood that he has some legal culpability. The proceedings against him are not respected by a sizable proportion of Americans.  

 As a nation with seemingly badly frayed bonds of community, we do not need a further weakening of national unity by alienating a substantial portion of America.  That, I suggest, is the result of the various "lawfare" activities against Donald Trump.

Is he above the law? No. But a prudent regard for the nation's best interest is more important in this instance then that justice be served. He should not have been charged. But his foes are so consumed by hatred that they are unwilling to contemplate the consequences of their actions. It is alarming that some may not even care