Quote Of The Day

Given our President’s record of sexual promiscuity I find myself understanding why nearly 45% of the voters are in bed with him, and the rest of us got screwed.  -Me


Post#: 128-19 – Words: 1465 – Audio: N/A

You might want to reconsider the temptation of “There outta be a law!”


With the myriad of Trump investigations and Trump diversions and Trump subpoena “obstruction” challenges just to run out the clock toward the election, we find ourselves thinking, or even re-thinking, some of our current laws that seem to be providing Trump a refuge from justice.  The more popular one circulating about is this idea of that quirky DOJ “rule” that a sitting president cannot be indicted (it’s not even a hard and fast law; it’s not in the Constitution,  it’s not even a tradition like a new president turning over their tax return).  There are also a couple other similar legal thoughts to consider a future change.. or not.  Here’s my few to consider.  Let’s hope when the lawmakers of the near future review all these Presidential shenanigans they think before they impulsively act to hedge against presidential abuses of power in the future, because there might be a Democratic president some day that needs it.

 

—> 1.   Should We Be Able To Indict A Sitting President?

Nope… we better not.  When a president holds the office it’s really a position greater than the man (woman) himself.  This is the concept by which the Secret Service can take over his protection, and leaving his family outside that protection.  The prez is protected at ALL costs and without regard to any thing else or any other person… even his closest family.  I’ve said many times myself that I would take a bullet for Trump.. not to save Trump, the man.. but to save the power and authority of the office as dictated by the Constitution.  This concept MUST extend across all areas.. including personal legal challenges.  If a sitting president is indicted he typically would have to be placed inside the restrictions of our legal system as it relates to following juris prudence… like anyone else.  That alone would impact the safety and security of the nation… from the economy to defense to international relations, not to mention taking his time to mount a legal defense.. and at what monetary cost to the country.

Possible Option If Indicting The President Is Legal… The president would be removed from office under the 25th and the VP takes over until such time as the president is cleared of all charges, or the VP remains to complete the term if the president is found guilty.

 

—> 2.  Extend Any Statute of Limitations.

Trump is likely also looking to run out any statute of limitations should he win a second term, to avoid being charged with anything when he leaves office, or, he’s taunting the House side to go ahead and impeach him; he wins either way, or both.  I recommend extending the statute of limitations for the time equal to the remaining to be served as president.  If a president is expected to run out the statute of limitations on a given possible indictment while in office… for each month he uses to stay in office the statute is extended that same period.  In other words, if the President becomes indicted the statute time freezes and picks up again when he’s out of office.

 

—> 3. Make It Illegal For Candidates and/or Their Campaigns To Meet With Representatives of Foreign Powers Without Notifying The FBI.

Pretty much self-explanatory. This would be to prevent situations like the infamous Trump Tower meeting with elements of the Trump campaign who met with the Russians when they offered dirt on Hillary Clinton from her hacked/stolen emails. (As this is being written Rep. Sheila Jackson Lee, (D-TN 18th) has indicated she has filed a motion to propose to make this exact element a law.  GMTA!)

 

—> 4.  Make Mandatory the Submission of Candidate Tax Returns

Right now there are about 24 states that have made it a requirement for a candidate’s name to be put on the ballot provided that they submit their tax return.  This should be a federal law.

 

—> 5.  Make Congressional Subpoena Lawsuits Have Courtroom Priority

It makes sense that if Congress deems any investigation worthy of being an investigation then there should be an accelerated degree of urgency and enhanced timeliness in addressing subpoena challenges and lawsuits to obstruct investigations. These should go to the head of the judicial line through the Supreme Court if necessary.  If anything, this would reduce or even eliminate the tendency Trump is currently doing in challenging all subpoenas and throwing out roadblock, essentially nuisance, lawsuits to buy time.

 

—> 6.  Provide More Specific Definitions/Criteria On Reasons For Impeachment

The current “high crimes & misdemeanors” lacks sufficient detail.  Is this current vague Constitutional definition intentional in order to allow Congress greater or broader flexibility of interpretation and not limit the process?  I prefer to think the current definition is not specific enough.  Seems to me the  impeachment debate should be more about debating the essence of the performance shortcoming itself and less about a long debate as to whether the desire to impeach meets the criteria.  The difficulty is that to make this change one has to modify the amendment itself.. and getting the appropriate majorities.  This could prove formidable and take time.

 

—>  7.  A Six Year Presidential Term Limit?

FDR became the only president to serve over two terms and when he died the Republican Congress of the day felt an obligation to take care of that in the future.  So in 1951 the amendment was ratified and future presidents were limited to two terms.  It’s been bantered about since the Eisenhower years that perhaps that should be changed to a presidential term limit of just one 6 year term.  If nothing else this would remove any time for campaigning for re-election at the same time as running the country and completing the promised agenda.  If a president served only a single 6 year term then that president’s entire focus is toward country affairs and not election campaigning.  Six years also allows for a sitting president to carry our his/her agenda.  In effect, America would be getting it’s money’s worth having a president only focused on running the country and not preparing for the next election.  I would personally consider that a president could be elected to a second 6 year term providing he/she skips at least one term before returning again.

A variant of this idea would be to allow the president two consecutive 4 year terms, as now, and then a third four year term after skipping a term.  Example, Prez A serves for two four year terms, leaves office, Prez B gets elected.  Prez B serves for four years.  Prez A can come back to run again having skipped at least one four year term.

 

—>  8.  Set Limits On Executive Privilege?

Personally, I’d leave this alone.  A sitting president should have this option and in competent hands this power is/can be very useful.  Obviously in incompetent hands the power can be abused.  So.. I recommend a review of the reasons available for invoking this privilege and the legal definition of the breath and width of it’s application.

 

—>  9.  The Power Of A Congressional Subpoena and Contempt Process

It might be a good idea for Congress to review/enhance their subpoena process and the contempt process to further define process and contempt enforcement… especially as it relates to the Executive branch.  If nothing else, this entire debate between Congress and the White House seems to be resting on various interpretations and lack of enforcement options.  Whenever there’s a “Constitutional crisis” it usually means some level of conflict not expressly detailed, covered, or outlined in the Constitution.  For example, the argument being applied for not allowing Congress to have an un-redacted Mueller report is that this would be illegal given all Grand Jury testimony is, by law, to be held confidential.  Congress has the authority to change that as it relates to certain Congressional inquiries.  Congress already has a level of security already established to Congress for national defense secrets.  Including a Grand Jury option could easily be applied.

 

Well, those are just a few avenues that Congress might consider for the future.  I am sure before the sun sets on the Trump administration, whenever that is, there will be more “there outta be a law” scenarios for Congress to review.  We should proceed with those using caution.. and remember that someone like Trump becoming president is not a new norm, but rather a swing of the pendulum of democracy that fell into a quirk of the electoral system.

 

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My other sites… if you’re interested…

FreeStatesman.us

 

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