July 2, 2024, UPDATE:
Opinion: We should all dissent from the Supreme Court’s immunity decision, and not respectfully
This article below is from the Opinion section of the Los Angeles Times, July 1, 2024. It was written by the Dean of the University of California Berkeley School of Law.
“As Justice Sonia Sotomayor powerfully said in her dissent in Trump vs. United States, the Supreme Court on Monday made ‘a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.’ In a 6-3 decision, the six Republican-appointed justices handed a stunning victory to Donald Trump in broadly defining the scope of absolute presidential immunity from criminal prosecution.
Roberts concluded his opinion by rightly saying: ‘This case poses a question of lasting significance.’ Unfortunately, the court gave an answer to that question that undermines the rule of law and creates a serious future threat to our democracy in placing the president largely above the law.”
Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law.
January 9, 2020, UPDATE:
On December 18, 2019, The United States House of Representatives voted to Impeach Donald Trump, HR RES 755. “The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.” United States Constitution Article I Section 2 clause 5. “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” U.S. Const. Article I Section 3 Clause 7. “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgement and Punishment, according to Law.” U.S. Const. Article I Section 3 Clause 8. These are the rules under the United States Constitution and the Senate is not free to make up its own rules inconsistent with the Constitution.
December 10, 2019, UPDATE:
The United States House of Representatives issued Articles of Impeachment against Donald Trump for high crimes and misdemeanors on December 10, 2019.
December 4, 2019, UPDATE:
The House of Representatives released the “Trump-Ukraine Impeachment Inquiry Report” on December 3, 2019. The report was forwarded to the House Judiciary Committee for further impeachment inquiry proceedings.
October 4, 2019, UPDATE:
Adam Schiff, Chairman of the House Intelligence Committee, who is also working with the Committee on Foreign Affairs and the Committee on Oversight and Reform, has released an update to the committee’s findings as of October 3, 2019. The noise from the White House as usual is not helpful, as expected.
SEPTEMBER 26, 2019, UPDATE:
The unclassified redacted whistleblower complaint was released September 26, 2019, by The House Intelligence Committee. The Inspector General of the Intelligence Community letter which stated that the Acting Director of National Intelligence (ADNI) had determined that the ADNI was not required to transmit the complaint to the congressional intelligence committees was also released September 26, 2019.
The note takers memorandum of Donald Trump and Zelensky of Ukraine telephone call released September 25, 2019, by the White House evidences Donald Trump asking Zelensky to do him a favor of investigating Joe Biden for Donald Trump’s personal political advantage. Mr. Trump’s favor request was made with Ukraine’s knowledge of Mr. Trump’s action to withhold congressional approved aid to Ukraine. These actions together constitute a threat to United States national security and the security of U. S. allies. See pages 3 and 4 of the transcript. This demonstrates a violation of Mr. Trump’s oath of office as President of the United States of America.
Mr. Trump has continued to express his position that he can do whatever he wants because he is the president. However, there is this constitutional requirement that he takes an oath as president that he ” will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” He has implied and contended that his Office is superior to the other two branches of government and that both Congress and the Supreme Court should follow his marching steps. He often criticized Jeff Sessions for not being a wall to protect him from Congress and the Courts. He found someone to do just that, William Barr. It wasn’t difficult to find Barr. Barr wrote him an open engagement letter for an unholy alliance in June 2018.
So how does the Constitution sort all this out? The Supreme Court’s role is the interpretation of the U.S. Constitution as to both acts of the Executive Branch and acts of Congress. “the constitution is to be considered, in court, as a paramount law…” Marbury v. Madison ( 1 Cranch) at 178 (1803). Below are excerpts from the U.S. Constitution:
Article I
Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article II
Section. 1. The executive Power shall be vested in a President of the United States of America…Before he enter on the Execution of his Office he shall take the following Oath or Affirmation: – “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III
Section. 1. The judicial Power of the United States, shall be vested in one supreme Court,