Trump Reviewing Options to Ensure His Re-Election
As his second term was coming to an end, President Bill Clinton pondered how he could extend his presidency another term. He loved the job and wanted to stay. But the Constitution prohibited it, and that was that. President Richard Nixon chose to resign, rather than face inevitable impeachment by the House and removal by the Senate. Even in his darkest hour, he deferred to the Constitutional process. But those were different eras. For President Trump, it is evident that when he swore to support and defend the Constitution, he only meant when it served his self-interest.
We must consider why Trump’s self-interest is to win this election at all costs. In short, he needs to evade prosecution for illegal and fraudulent activities, domestic and abroad. This is because any prosecution in criminal cases must wait until after the President leaves office, and only Congress can remove a sitting President through the impeachment process.
Trump shares President Nixon’s view in 1973, that “when a President does it, that means that it is not illegal.” Nixon was fortunate that President Gerald Ford pardoned him, which he did so the country could move on. In President Bill Clinton’s case, by the time independent counsel Kenneth Starr’s four years investigation ended in February 1999, he had been re-elected, so he remained protected. In any case, he was acquitted. For Trump, there are cases in litigation where he is racing against the clock due to their statutes of limitations. If Trump wins in 2020 and serves a full four-year term, until 2025, he cannot be prosecuted, and it would be unlikely that he would be acquitted if he were prosecuted.
Trump runs his administration like an autocrat. He continually digs into his tool kit, putting in charge those who can help him by-pass the Constitutional process. He has insisted on complete loyalty, taking little or no input from others. When special counsel for the DOJ, former FBI Director Mueller, released his report on Russian interference in the 2016 presidential election, there was compelling evidence of tampering and association between the Russians and Trump associates. However, because the practice is not to indict a sitting president, extraordinary circumstance needed the approval of Attorney-General William Barr. This was not forthcoming. We have witnessed a stream of professionals and exemplary leaders that departed because they no longer felt they had a sense of empowerment in the role for which they had been selected. His style of leadership does not foster teamwork, cooperation, nor building of trusting relationships.
Why is a review of Trump’s flawed character important? Because he is making decisions and taking actions that are not vetted by our dully elected congressional officials or established Constitutional processes. In the era of Trump, we have witnessed the unjust use of legal loopholes by him and his enablers. He is now dangerously toying with the ‘emergency powers’ that Presidents can use for immediate national needs. In an affront to the Constitution, Trump is espousing “total authority”, and it is dangerous because he seems to be getting away with it. In March, when he declared emergencies under Stafford and National Emergencies Act, he boasted, “I have the right to do a lot of things that people don’t even know about.” Presidents do have emergency powers for when the legislative process is slow. These extraordinary powers vested in the President have historically been used in response to extraordinary situations, and in our country’s best interest.
John Yoo, a lawyer Trump has used to see how to ‘skirt the law,’ confirmed the presidential powers are based on something not vetted by Congress, and there is seldom but periodic review by the Department of Justice. Not surprisingly, Yoo was requested to visit the President in September. There are “Secret” papers, many now declassified, kept at the Department of Justice, which explain Trump’s justification to use these emergency powers. We have come to a moment in our history, where Congress must request access to ensure these documents are consistent with the Constitution and our principles of democracy. The question is whether the Republican side would continue to disavow the rights of the people to know the truth.
David Cole, from the American Civil Liberties Union, has voiced his concern about the ‘emergency powers’ that President Trump has used. He has issued seven, which include banning Muslims and building the border wall. Not accepting that our nation is experiencing a pandemic, and disavowing science and top public health officials, may cause this President to enact unconstitutional emergency powers using the health pandemic as the backdrop. Trump’s seemingly bottomless tool kit should be exposed, and “We the people” must know the real reasons he must be re-elected.
