Is there an HONEST lawyer in the house?!? Then again, would it matter?

Indicting someone for following the law is a curiously stupid use of the legal system.

And – whether his political enemies want to admit it or not – (former) Pres Trump did not violate any laws in handling classified information, because he has the plenary power to do whatever he sees fit with such information. Andrea Widburg lays it out succinctly:

“A president’s power whether or not to treat documents as essential to national security supersedes anything either Congress or his own employees in the administrative state can do…regarding national security, the president cannot be subject to Congress. He has plenary, or absolute, power in that area.”

Congress can hatch all types of laws, but a federal prosecutor can’t apply them in any situation where a President has been granted the plenary powers to do what he does.

Thus…

…the open political act of filing a multicount federal indictment against President Trump is a violation of the federal “Color of Law” statute (TITLE 18, U.S.C., SECTION 242):

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned…

Got that?

He has the full power of the Constitution & Supreme Court decisions behind him.

The former president acted within his rights, privileges, and immunities, and any legal acts ‘under color-of-law’ to deprive those rights, privileges & immunities…is illegal.

And then, there’s the case of the Hatch Act, which, as Don Brown notes:

“(5 U.S. Code § 7323) provides – 

(a)Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not — 

(1)use his official authority or influence for the purpose of interfering with or affecting the result of an election…”

(The DA filing the indictment in this case is one of those ’employees’ referenced.)

So, that’s at least two federal statute violations…there’s probably more, but, whatever.

And, of course, his political opponents don’t care about such fine points of law, so long as they can show he was indicted…however unlawfully it may have been done.

The question remains – is there an HONEST lawyer in the house?

Or, more importantly, an HONEST judge…to do what’s right?

Leave a Reply

Your email address will not be published. Required fields are marked *