This is supposedly one of the best and brightest attorneys who was to lay waste to Trump. Instead there should be a criminal referral. Feldman was at this since 2017 if not before. Even more disturbing is his opinion that a President does not have to commit a crime to be impeached.
Because Feldman is a Democrat nothing will happen to him for lying under oath. Full stop
May 17 2017:
Noah Feldman, a Harvard legal historian who’s written extensively about Trump and the law.
Did the president commit a crime when he had that conversation with Comey?
What the president did is an outrage. It’s impeachable, and obstruction of justice in the sense of being a “high crime and misdemeanor.” But it’s almost certainly not a crime of obstruction of justice.
So the distinction you’re making is between what would be a crime for you or me to commit versus a guy who lives in the White House?
Exactly. The word “high”—people have just lost track of this—in “high crimes and misdemeanors” does all the work. It does not mean ordinary statutory violations. It mean acts by the president in the exercise of his office that abuse power, are corrupt, or undermine the rule of law. That’s the essence of what high crimes and misdemeanors have always been—they meant that before the founding, they’ve meant that ever since. You can impeach someone who hasn’t committed any demonstrable federal crime, or state crime for that matter.
So just to clarify, this looks like obstruction of justice in the high crimes and misdemeanors sense but not in the Jeff Sessions–led Justice Department will do anything about it sense?
Correct. And frankly, breaking the norm of politicizing law enforcement—it’s a great basis for impeachment. It’s not a crime, and in fact it’s in the president’s constitutional authority, but it’s still impeachable. That’s the whole point—the president can do things within his legal constitutional authority where the only sanction available under our system is impeachment.
Other than that all is well in the swamp.
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