• Home
  • Mission of This Site
  • Contact

Impeachable Offenses?

~ The Use & Abuse of Impeachment in the 21st Century

Impeachable Offenses?

Tag Archives: donald trump

Documents Flooding the House

19 Tuesday Mar 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

campaign, Collusion, documents, donald trump, House Judiciary Committee, impeach, Impeachment, investigation, nader, nancy pelosi, not worth it, Obstruction of Justice, subpoena, trump organization

A large number of the 81 individuals subject to the House Judiciary Committee’s “friendly subpoenas,” requests for documents sent to President Trump’s organization, campaign team, transition team, inaugural committee, and his personal associates for documents having to do with the committee’s probe into the allegations of Trump’s obstruction of justice, have already complied and sent documents. These documents could be used to lay the foundation for impeachment proceedings in the House; however, recent remarks by Speaker of the House Nancy Pelosi, seem to indicate that said impeachment proceedings my never occur.

download (6).jpgMark Wilson/Getty Images

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

Criminal Prosecution of a President

12 Tuesday Mar 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

British, Crimes, donald trump, Founder, impeach, impeaching, Impeachment, indictment, Jurisdiction, president, prosecution, removal, sitting, W. Burlette Carter

Can a sitting president be indicted? W. Burlette Carter approaches this question from a historical perspective in her forthcoming article Can a Sitting President be Federally Prosecuted? The Founders Answer. Carter asserts that the Founder’s answer would be one based on jurisdiction:

The Founders would have recognized that, before the formal issuance of Articles of Impeachment, courts of law have the power to stay their own proceedings against a President for good cause, just as English/British common law courts with concurrent jurisdiction always could. And they would have have accepted that courts of law can, in the first instance, decide evidentiary issues such as executive privilege for matters proceeding in their fora. Again, despite Parliamentary power over impeachment, common law courts had long done so in England and Great Britain, so long as they otherwise had jurisdiction.

For an in-depth examination of the British and early American view on jurisdiction to prosecute the president, follow the link above.

190311-donald-trump-ap-773.jpgAlex Brandon/AP Photo

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

House Democrats Targeting Trump’s Finances

26 Tuesday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Collusion, Deutsche Bank, donald trump, House Democrats, house financial services, house intelligence committee, House of Representatives, impeach, impeachable, Impeachment, money laundering, president, real estate, russia, trump organization

Democrats of the House of Representatives, specifically the House Financial Services and Intelligence committees, are planning to use their subpoena power to uncover President Trump’s dealings with Deutsche Bank, a German bank which has funded Trump’s real estate ventures over the years. The dealings are viewed with scrutiny because the bank previously played a role in Russian money laundering. Investigation into this area could determine whether the Trump Organization was also engaged in money laundering, and, if confirmed, strengthen the case for Russian collusion.

download (5).jpgSusan Walsh/AP Photo

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

Is Mueller Almost Finished?

21 Thursday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

28 CFR 600, attorney general, Bill Barr, Collusion, confidential, Congress, discretion, donald trump, impeach, impeachable, Impeachment, investigation, Obstruction of Justice, president, privelege, report, Robert Mueller, russia, Special Counsel, subpoena, trump, William Barr

CNN Reported today that Special Counsel Robert Mueller may conclude his investigation as early as next week. Their information apparently came from sources familiar with Attorney General Bill Barr’s plan to announce the completion. But! Don’t get too excited. Though Mueller’s report may be finished soon, that doesn’t mean the public or Congress will get to see it.

The regulations which govern Special Counsels are contained in part 600 of title 28 of the Code of Federal Regulations. 28 CFR 600.8 says that when Mueller gets done, he needs to send his final product off to the Attorney General, Bill Barr. 28 CFR 600.9 says that Barr only has to tell Congress 1) that Mueller is done; and 2) if he disagreed with any of Mueller’s suggested actions because they were “inappropriate and unwarranted,” and an explanation of that conclusion. So what we’ll find out is, for the most part, at Barr’s discretion. However, Barr told Congress during his confirmation hearing that he intends to release his own summary of the report, and will be as transparent as possible within the confines of the law (for a thorough analysis of Barr’s statements, click here). If Barr releases less than what Congress would like, their remedy is a subpoena.

william-barr-nomination-hearing.jpgKevin Lamarque/Reuters

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

President Trump and International Consequences

12 Tuesday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

arms control, climate, diplomacy, donald trump, Foreign policy, Frank Bowman, G7, human rights, impeach, impeachable, Impeachment, international conferences, international law, International Law and Institution in the Trump Era, investment, Jack Goldsmith, NAFTA, NATO, president, russia, saudi arabia, Shannon Togawa, trade, war, WTO

Many of the positions President Trump has taken on important foreign policy issues and agreements have been unorthodox, even radical, and have caused public concern. Professor Bowman has argued they may even be impeachable. In fact, Trump’s foreign policy decisions have been so varied and strange, they can be difficult to account for.

Jack Goldsmith and Shannon Togawa Mercer have compiled an account of President Trump’s attack on international law in their forthcoming article International Law and Institutions in the Trump Era. They examine Trump’s decisions on trade, investment, climate, arms control, diplomacy, war, human rights, and his performance at international conferences, and write about their likely effect. Here is an excerpt:

President Trump has altered the United States stance toward international law and institutions in the first two years of his presidency in the following ways: He has verbally assaulted or threatened many of the major international institutions to which the United States belongs (most notably, the UN and several of its agencies, NATO, the WTO, NAFTA, and the G7); he has withdrawn from, or begun the process of withdrawing from, at least six international treaty regimes, including the Paris Agreement, the Iran Deal, and the INF Treaty; he has ceased negotiations for, or announced an intention not to conclude, at least two important trade agreements; he has begun a global trade war in possible violation of WTO rules; he twice attacked the Assad regime in probable violation of the Charter of the UN (UN Charter); and he sharply redirected United States human rights law policy along several dimensions and might have violated United States treaty commitments with his immigration policies.

For a comprehensive and academic review of Trump’s (possibly impeachable) foreign policy, check out the link above.

david-butow-donald-trump-china-oval-office.jpgTime

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

The House is Coming Down

08 Friday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Adam Schiff, bill pascrell, business interests, Collusion, donald trump, fraud, High Crimes and Misdemeanors, House of Representatives, Impeachment, investigation, nancy pelosi, president, Representative, russia, saudi arabia, speaker, tax evasion, tax returns, trump

The Democrat controlled House is beginning to pursue investigation of President Trump independent of Robert Mueller. Adam Schiff, House Intelligence Chairman, plans to expand the scope of his inquiry to determine whether Trump’s business interests are influencing his foreign policy decision in nations other than Russia. Additionally, the Ways and Means Committee, for whom Rep. Bill Pascrell has been speaking, has announced its intention to collect and examine President Trump’s tax returns. Notably, other House Democrats, such as Speaker Nancy Pelosi, have urged patience on that front.

ap_19038604315746_wide-33f85eab3122accc557ea08aa6be66a38793af9d-s1600-c85.jpgJ. Scott Applewhite/AP

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

E-Discovery in the Trump Age

04 Monday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

ABA Journal, Brett Kavanaugh, data, discovery, donald trump, electronic, Emails, hillary clinton, impeach, impeachable, Impeachment, jason krause, Michael Cohen, paul manafort, Robert Mueller, Rod Rosenstein, Special Counsel, technology

Jason Krause’s article, “But their emails! Some of the Most Contentious Political Issues are E-Discovery Disputes” published in the ABA Journal, explores the e-discovery disputes surrounding the Trump campaign and presidency and modern politics in general. He notes:

A [large] debate over preserving electronic evidence continues to hang over national politics. Donald Trump Jr.’s meetings with Russians, Michael Cohen’s plea bargain, Brett Kavanaugh’s contentious confirmation to the U.S. Supreme Court, Paul Manafort’s fraud convictions and an attempt at impeaching Deputy Attorney General Rod Rosenstein all involve, at their core, electronic evidence.

Living in the computer age means our political disputes, especially those with criminal consequences, will frequently turn on electronic data and discovery. Interested readers should follow the link above.

trumpclintonhandshakegetty_2.jpgGetty Images

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

Rosenstein Assures Trump he is Not a Target of the Mueller Investigation — The News Cycle Repeats Itself

01 Friday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

bowman, deputy attorney general, donald trump, impeach, impeachable, Impeachment, investigation, Mueller, new york times, president, professor frank bowman, Robert Mueller, Rod Rosenstein, Special Counsel, subject, target, target v. subject, trump, united states

Trump said yesterday, during an interview with the New York Times, that Deputy Attorney General Rod Rosenstein informed him that he is not a target of the Mueller investigation. Trump also added that he is not a “subject” of the investigation, but it is unclear whether that is a word Rosenstein used or a descriptor Trump added. He seemed to use the words interchangeably saying first “he told the attorneys that I’m not a subject, I’m not a target,” and then added  “[t]he lawyers ask him. They say, ‘He’s not a target of the investigation.’”

Readers will recall that Trump already received the news that he is not a target of the Mueller investigation from Mueller himself in April of 2018. As Professor Bowman wrote then, what that could mean, according to the definition of “target” in the United States Attorneys Manual, is that DOJ policy prevents Trump from becoming an indicted defendant and therefore a target. However, if that is not what Rosenstein meant and Trump could be a target, then it is significant that he has not, in the past 10 or so months, become one. What is more significant is if Trump is indeed not a subject of Mueller’s investigation. That could mean that there is not enough evidence to continue investigating Trump or enough evidence to have exonerated Trump.  That, however, seems unlikely.

rosen.jpegAndrew Harrer | Bloomberg | Getty Images

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

Roger Stone Arrested and Indicted

25 Friday Jan 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

arrested, Collusion, Conspiracy, cooperation, DNC, donald trump, Emails, hillary clinton, indicted, investigation, president, Putin, Randy Credico, Robert Mueller, roger stone, russia, russian hackers, Special Counsel, wikileak

Roger Stone was arrested and received a seven count indictment this morning which included charges of misleading lawmakers about his communications with Wikileaks, the organization that released the emails which scandalized Hillary Clinton’s campaign, and intimidating fellow witness Randy Credico, who was also in contact with Wikileaks. Credico ultimately pleaded the 5th at Stone’s urging.

The emails released by Wikileaks were stolen by Russian hackers, and Stone is a long time friend and supporter of President Trump. If Stone chooses to cooperate with Special Counsel Mueller, he could provide the evidence need to finally establish collusion between Russia and the Trump Campaign. However, if Stone’s past comments are to be believed, he will not be cooperating. Much is yet to be seen.

stone.jpgAlex Wong/Getty Images

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...

If When he Denies he Lies…

14 Monday Jan 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Conspiracy, denial, dishonest, donald trump, finland, impeach, Impeachment, interpreter, investigation, lies, lying, Mueller, president, public trust, Putin, russia, russian collusion, vladmir putin

President Trump today denied that he has worked for Russia in what has been described as his “most direct response” to the accusations of collusion. This denial came in the wake of a report that after a meeting he had with Russian President Vladmir Putin last summer in Finland, Trump took their interpreter’s notes and instructed him not to discuss the meeting with any other officials.

One theory is of course that Trump did work for, or at least with, Russia, which if true means that what he said today was a lie. Which begs the question, what consequences may come to a President for lying to the public? Professor Bowman has written at length on this subject, and his writings can be found here. However, in the way of summary, Prof. Bowman noted three kinds of lies which he believes could warrant impeachment: criminally indictable falsehoods,  unindictable official falsehoods, and chronic or pervasive falsehoods. The lie at hand is neither indictable or official, as it was not given under oath and is not a communication with Congress. However, the lie could fit in the third category if added to the pool of President Trump’s many other falsehoods, which, in aggregate, Bowman has suggested, are potentially impeachable. He wrote: “chronic presidential lies do not merely render the president himself ineffectual, but also damage every other branch and function of American government.” In essence, Trump’s constant lies are one of the things which make him unfit. For an in-depth analysis of this novel idea, the reader should check out Bowman’s article, which can be found here.

ap_19014539944750_wide-234bee0b5652fad844256e61c76821ab6b04c988-s1600-c85.jpgEvan Vucci/AP

 

Share this:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
Like Loading...
← Older posts
Newer posts →

Blog Owner

Frank O. Bowman, III


Curators' Distinguished Professor Emeritus
Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
Univ of Missouri School of Law

Web Profile

Enter your email address to follow this blog and receive notifications of new posts by email.

Professor Bowman on Impeachment »

Bibliographies

Explore bibliographies categorized by author and subject, and find other resources.

Posts by Topic

  • The Case for Impeachment
  • Defining Impeachable Conduct
  • Impeachment on Foreign Policy Grounds
  • Impeachment for Unfitness
  • Obstruction of Justice
  • Abuse of Criminal Investigative Authority
  • Election Law Violations
  • Foreign Emoluments
  • Conspiracy to Defraud the   United States
  • Politics of Impeachment
  • Lying as an Impeachable Offense
  • Abuse of Pardon Power
  • Electoral College
  • House Impeachment Resolutions
  • The Logan Act
  • The Mueller Investigation
  • Impeachment of Missouri Governor Greitens
  • Historical Precedent for Impeachment
  • Messages from Professor Bowman

Student Contributors »

Enter your email address to follow this blog and receive notifications of new posts by email.

Blog at WordPress.com.

  • Subscribe Subscribed
    • Impeachable Offenses?
    • Join 199 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Impeachable Offenses?
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d