Can Donald Trump Pardon Himself? Can He Be Indicted While Still In Office?

It has become so widely accepted that the investigations into Donald Trump’s business dealings are very likely to reveal criminal activities that subjects including whether Trump can pardon himself and whether he can be indicted while in office are now being discussed. While many disagree, Donald Trump claims he does have the power to pardon himself. The New York Times reports:

President Trump on Saturday asserted the “complete power to pardon” relatives, aides and possibly even himself in response to investigations into Russia’s meddling in last year’s election, as he came to the defense of Attorney General Jeff Sessions just days after expressing regret about appointing him.

Mr. Trump suggested in a series of early morning messages on Twitter that he had no need to use the pardon power at this point but left the option open. Presidents have the authority to pardon others for federal crimes, but legal scholars debate whether a president can pardon himself. Mr. Trump’s use of the word “complete” seemed to suggest he did not see a limit to that authority.

“While all agree the U.S. President has the complete power to pardon, why think of that when only crime so far is LEAKS against us,” he wrote on Twitter. “FAKE NEWS.”

The Washington Post reported in recent days that the president and his advisers had discussed pardons as a special counsel intensifies an investigation into whether associates of Mr. Trump and his campaign conspired with Russia to intervene in the 2016 presidential campaign.

Many Constitutional experts and lawyers disagree with Donald Trump. Laurence Tribe, Professor of Constitutional Law at Harvard Law School, Richard Painter,  a law professor at the University of Minnesota and chief White House ethics lawyer for George W. Bush from 2005 to 2007, and Norman Eisen, a senior fellow at the Brookings Institution and chief White House ethics lawyer for Barack Obama from 2009 to 2011, wrote an op-ed in The Washington Post entitled, No, Trump can’t pardon himself. The Constitution tells us so:

Can a president pardon himself? Four days before Richard Nixon resigned, his own Justice Department’s Office of Legal Counsel opined no, citing “the fundamental rule that no one may be a judge in his own case.” We agree.

The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.

The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself…

The Constitution’s pardon clause has its origins in the royal pardon granted by a sovereign to one of his or her subjects. We are aware of no precedent for a sovereign pardoning himself, then abdicating or being deposed but being immune from criminal process. If that were the rule, many a deposed king would have been spared instead of going to the chopping block…

President Trump thinks he can do a lot of things just because he is president. He says that the president can act as if he has no conflicts of interest. He says that he can fire the FBI director for any reason he wants (and he admitted to the most outrageous of reasons in interviews and in discussion with the Russian ambassador). In one sense, Trump is right — he can do all of these things, although there will be legal repercussions if he does. Using official powers for corrupt purposes — such as impeding or obstructing an investigation — can constitute a crime.

But there is one thing we know that Trump cannot do — without being a first in all of human history. He cannot pardon himself.

While it is commonly believed that Donald Trump would not be indicted until out of office, The New York Times reports that the commonly held view that a president cannot be indicted while in office is wrong:

A newfound memo from Kenneth W. Starr’s independent counsel investigation into President Bill Clinton sheds fresh light on a constitutional puzzle that is taking on mounting significance amid the Trump-Russia inquiry: Can a sitting president be indicted?

The 56-page memo, locked in the National Archives for nearly two decades and obtained by The New York Times under the Freedom of Information Act, amounts to the most thorough government-commissioned analysis rejecting a generally held view that presidents are immune from prosecution while in office.

“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Bill Clinton was impeached, but was neither convicted in the Senate nor indicted while in office. While the investigations are at an early stage, it does appear likely that Donald Trump has committed acts far more significant than lying about an affair, and these considerations regarding indictment very well could wind up applying to him.

Investigations Of Trump Expand Along With Speculation That He Will Repeat Saturday Night Massacre

News reports discussed two avenues of investigation being pursued regarding Donald Trump. One of them, his business ties, appears to be of value. The other is of more questionable value–fake news on Facebook.

Bloomberg is reporting that Robert Mueller is expanding the investigation into Trump’s business ties:

The U.S. special counsel investigating possible ties between the Donald Trump campaign and Russia in last year’s election is examining a broad range of transactions involving Trump’s businesses as well as those of his associates, according to a person familiar with the probe.

FBI investigators and others are looking at Russian purchases of apartments in Trump buildings, Trump’s involvement in a controversial SoHo development in New York with Russian associates, the 2013 Miss Universe pageant in Moscow and Trump’s sale of a Florida mansion to a Russian oligarch in 2008, the person said.

The investigation also has absorbed a money-laundering probe begun by federal prosecutors in New York into Trump’s former campaign chairman Paul Manafort.

The Wall Street Journal has further information related to the investigation of Paul Manafort:

Mr. Manafort, a Republican political consultant, spent years working for a pro-Russia party in Ukraine. He served as Mr. Trump’s presidential campaign manager for roughly three months in 2016 before resigning.

New York Attorney General Eric Schneiderman and Manhattan District Attorney Cyrus Vance Jr. also are investigating Mr. Manafort’s real-estate transactions, The Wall Street Journal has reported, with both offices examining his dealings for possible money-laundering and fraud. Messrs. Schneiderman and Vance are Democrats.

Mr. Manafort has spent and borrowed tens of millions of dollars in connection with properties in the U.S. over the past decade, including a Brooklyn, N.Y., townhouse and California properties being developed by his son-in-law, the Journal has reported.

The nature of the investigation, along with the contempt for law enforcement expressed by Donald Trump in an interview with The New York Times, has many predicting that Trump will wind up firing Paul Manafort in a scenario reminiscent of Richard Nixon’s Saturday Night Massacre. Periodically I receive comments that such criticism of Trump comes from out of touch left wingers, so I will note that the conservative National Review also predicts, Yeah, Trump Is Probably Going to Fire Robert Mueller.

While I hope to see Manafort pursue investigations into the business dealings of Donald Trump and his associates, I question whether Congressional investigators will really find out much of value in an investigation of fake news and Facebook. CNN reports:

Virginia Sen. Mark Warner, the top Democrat on the Senate intelligence committee, met with Facebook officials in California more than a month ago as part of his committee’s investigation into potential collusion or election interference, and he’s convinced the company can explain whether anyone from the Trump campaign helped Russians boost fake news articles targeting Democratic presidential nominee Hillary Clinton. Warner is testing the theory popular among Democratic operatives that Russia was behind spikes in fake news that were anti-Clinton and that Russia had help targeting those articles from US political operatives…

At the core of Warner’s questioning is a theory among Democratic operatives and former top-level Clinton campaign staff that Russia had help from domestic political operatives to micro-target fake news articles. No evidence has been uncovered to prove that theory.

Last month, Senate intelligence staff interviewed Brett Horvath, a social media technology expert who argues it’s possible that Russian operatives got political data that could then be used for successfully micro-targeting swing voters on Facebook.

“Facebook has all the data that could prove this is happening or not happening, that’s the starting point,” Horvath, a veteran Democratic political operative, told CNN.

The key line above is, “No evidence has been uncovered to prove that theory.”

There certainly was fake news spread during the campaign, as there also was against Barack Obama and John Kerry in their presidential campaigns. Only the Clinton campaign has gone so far as to blame Russia for this, with reporters covering the campaign to write the book Shattered reporting that Clinton developed the strategy of blaming Russia and others for her loss within twenty-four hours of losing, failing to take responsibility for her own mistakes. Whether or not the fake stories being spread came from Russia, they did far less harm to Clinton than the damage caused by her violation of State Department rules (as verified by the State Department Inspector General), and then repeatedly being caught lying about the matter. The truth was far more damaging than fiction.

The questionable business ties involving Donald Trump and others in his family and campaign appears to be worth investigating, but I bet it will be a mistake to divert resources from the more important issues to pursue partisan fantasies. If Democrats rely upon such weak attacks they risk allowing the Republicans to survive the actual Trump scandals.

Clinton’s Popularity Continues To Decline, Possibly Affecting Democratic Voter Enthusiasm

Democrats lead in the generic Congressional polls, but there are warning signs for Democrats. A new Washington Post-ABC News poll shows that by a 52 to 38 percent margin voters want Democrats to control Congress to be a check on Trump. However, 65 percent of Republicans and GOP-leaning adults say they are “almost certain to vote,” only 57 percent of Democrats and Democratic-leaning voters say they are likely to vote.

There are probably many reasons why Democratic-leaning voters are less likely to vote, but the damage to the Democratic brand caused by the nomination by of Hillary Clinton in 2016 cannot be underestimated. For those who have voted Democratic in protest against the policies of the Bush administration, it was a great disappointment to see the Democrats nominate a candidate with essentially the same agenda. The undemocratic manner in which the party establishment essentially picks the nominees, despite the charade of a primary system, creates further disenchantment with the party. As bad a choice as Donald Trump was, at least he was nominated due to beating the establishment candidates in a year in which many voters from both parties did not want another Bush/Clinton, with the Republican establishment accepting the decision of its voters.

Normally losing candidates do better in the polls after the election. With Donald Trump doing such a terrible job and dropping in the polls, if she followed traditional patterns Hillary Clinton should be seeing a boost in her support. Instead a Bloomberg National Poll shows that Clinton’s support has declined and that she is even more unpopular than Donald Trump.

This is not based upon opposition to the party in general  as Barack Obama and Joe Biden’s popularity has increased since they left office, and Bernie Sanders has become the most popular politician in the country.

The poll doesn’t provide reasons for Clinton’s further decrease in popularity. Just losing to a candidate as terrible as Donald Trump further highlights how weak a candidate she was, with reports such as those in Shattered providing further confirmation. I would also bet that many people expressed positive views of Clinton in the context of an election campaign against Donald Trump, but now that the campaign is over have no reason to hide their distaste for her.

Clinton’s actions following her loss give additional reasons for an already unpopular politician to now receive even less support. Her frequent statements blaming others for her loss, while downplaying the serious mistakes she made, shows her lack of character. While her far right wing views on civil liberties has received too little attention, her call for Congressional action against fake news, which amounts to censorship of material critical of her, is alarming in light of her long standing support for restricting freedom of speech and dissent.

Clinton’s anti-Russia hysteria, going well beyond what has been proven in the investigations to date, might be fooling some Democratic partisans, but is alarming to others. Clinton does not benefit politically from the revelations involving the Trump administration and Russia when fear of world war with Russia was a motivating factor for some who voted for her. A recent study suggests that her ultra-hawkish views might have played a significant role in her loss. News out of Syria provides further reason to oppose Clinton, considering her push for greater interventionism, even to the point of risking direct conflict with Russia.

Clinton has been out of step with more liberal voters on other issues, including economics, trade, the drug war, and health care policy. While many Democratic leaning voters support a single-payer system (as promoted by people including Bernie Sanders and Al Gore), Hillary Clinton also showed she was out of step in campaigning against  Medicare-for-all.

It is hard for many independents, along with principled Democrats, to be enthusiastic about the Democrats after nominating a candidate which so many dislike for good reason. The attacks on liberals and progressives opposing Clinton from partisan Democrats, showing a gross lack of respect for the basic principles of democracy in thinking that those who oppose her had some obligation to vote for her, further alienates potential Democratic voters. If Democrats are to expand their base and win elections, they need to show more respect for the views of those who oppose their move to the right.

Democrats have done poorly in 2010, 2014, and again in 2016 after moving to the right and running as a Republican-lite party. Bloomberg reports that Democrats are again looking at promoting more conservative candidates in 2018, failing to learn that voters see no reason to turn out to vote for candidates who do not stand for anything. The Democrats should do well in 2018 in response to the Trump disaster, but they also appear capable of pulling defeat again out of what should be sure victory.

Shepard Smith Speaks Out About All The Lies From The Trump Administration

So many lies have come from the Trump administration that even an anchor at Fox is starting to complain about all the lies. Shepard Smith had this to say about the various stories being told about the meeting between Donald Trump, Jr. and Russians when speaking with Chris Wallace:

Fox News can now confirm new, more — Donald Trump Jr., Jared Kushner, Paul Manafort, the lawyer from Russia, the interpreter, this new guy we found out about today, and a mystery person. John Roberts confirms there was an eighth person in that meeting. We don’t know, there may have been more, but there was an eighth. Jared Kushner filled out his form, I think it’s an F-86, saying who he’d met with and what he had done.

Very important stuff, you can go to prison for messing it up, you know, intentionally. He went back and added 100 names and places. None of these people made it. It’s still not — we’re still not clean on this, Chris.

It’s — if there’s nothing there and that’s what they tell us, they tell us there’s nothing to this and nothing came of it, there’s a nothing burger, it wasn’t even memorable, didn’t write it down, didn’t tell you about it, because it wasn’t anything so I didn’t even remember it, with a Russian interpreter in the room at Trump Tower.

If all of that, why all of these lies? Why is it lie after lie after lie? If you’re clean, come out clean. You know, my grandmother used to say “When first we practice to — oh, what a tangled web we weave when first we practice to deceive.”

The deception, Chris, is mind boggling. And there are still people out there who believe we’re making it up, and one day they’re going to realize we’re not, and look around and go, “Where are we? And why are we getting told all these lies?”

Shepard Smith has varied from the hard line pro-Republican viewpoint at Fox at times, but it is also rare to see such outright acknowledgement about government lying including using the L-word. The Fix is calling this a “Cronkite moment” referring to when Walter Cronkite spoke out about the lies being told about the United States involvement in Vietnam.

This is a bit of an exaggeration. Walter Cronkite speaking out against the war is often seen as precipitating a turning point in public perception of the war. The majority of people in the nation is already opposed to Donald Trump and realizes he is a liar. However it would be more comparable if this leads to a change in perception of Donald Trump among Fox viewers.

Partisan Claims From Both Sides Not Holding Up Re Trump And Russia

As more comes out, it increasing looks (not surprisingly) that both the Clinton and Trump camps have been wrong about Russia. The meeting with Donald Trump, Jr. and a reportedly growing number of Russians shows (not surprisingly) a lack of ethics on the part of the Trump campaign, but neither actual collusion nor even any sign that the Russians actually had any information on the Clinton campaign.

This follows the pattern to date. While we do not know the final results of the investigations in progress, the facts we do have undermine both those who defend the Trumps (mainly on the right, but including a small contingent on the left), as well as those who blame Clinton’s loss on collusion between the Trump campaign and Russia. The later is an excuse which Hillary Clinton latched onto withing twenty-four hours of losing  in order to place the blame on others according to Shattered.

There is no evidence of any successful collusion between Russia and Trump to change the election result as many Clinton supporters have claimed. However that now appears to be because attempts on the part of the Trump family and campaign were unsuccessful, not due to any innocence on their part.  The scandal is rapidly changing from alleged rigging of an election to a violation of election laws in soliciting information from a foreign government–not all that unlike what the Clinton campaign has also been accused of. In Trump’s case, this has become more serious because of what increasingly looks like a cover-up of Watergate proportions, including firing James Comey to obstruct the investigation. I also would not be surprised if there are major revelations to come regarding the Trumps’ financial affairs.

At this time we do not know for certain whether the accusations of Russian meddling in the election are true, but considering the long history of U.S. meddling in foreign elections, this is hardly justification for the anti-Russia hysteria and McCarthyism being generated by some Democratic partisans. The New York Times at least did take a more sensible approach in a recent editorial, concentrating on recommendations to improve the security of our election systems. This is warranted regardless of the validity of accusations against Russia.

While less dramatic than the unproven allegations of a foreign country affecting general election results, we do know that Clinton and her allies in the DNC were successful in rigging the Democratic nomination for Clinton–ultimately leading to the election of Donald Trump. While Trump’s actions should continue to be investigated, Democrats need to concentrate more on reforming their own party than engaging in unsubstantiated attacks. 

As was the case throughout the 2016 campaign, we continue to see that neither the Clinton camp nor the Trump camp can be trusted.

Democratic Congressman Files Article Of Impeachment Against Donald Trump

It was only a matter of when. A California Congressman has introduced an article of impeachment against Donald Trump. The Hill reports:

Rep. Brad Sherman (D-Calif.) formally introduced an article of impeachment against President Trump on Wednesday that accuses the president of obstructing justice during the federal investigation of Russia’s 2016 election interference.

This is the first time a lawmaker has offered an impeachment article against Trump, and it comes as Democrats have debated whether it is politically wise to press the case for impeachment at this time…

In filing his impeachment article, Sherman argues that Trump’s abrupt firing of James Comey as FBI director in May amounts to obstructing justice and “high crimes and misdemeanors” amid the probes of whether Trump’s campaign colluded with the Russian government to swing the election…

He cites Comey’s allegations that Trump pressured him to drop the FBI’s investigation into ousted former White House national security adviser Michael Flynn, as well as Trump’s shifting story on why he fired Comey.

“In all of this, Donald John Trump has acted in a manner contrary to his trust as president and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, Donald John Trump, by such conduct, warrants impeachment and trial, and removal from office,” the article of impeachment states.

So far only one other member of Congress, Al Green of Texas, is supporting the action.

Of course it is rather early and the number of members supporting impeachment could increase after the current investigations, which are still in an early stage, are concluded. The firing of James Comey does certainly appear to have been done in order obstruct his investigation. At present there is far further evidence of a cover-up on the part of Trump and members of  his administration than of the actual crime. While it is possible that evidence of collusion with Russia to swing the election will be uncovered during the course of the investigation, there is not yet clear evidence that Donald Trump did collude with Russia.

I have suspected that, at least, Trump was acting to protect members of his administration, and that any crimes very likely involved their financial dealings. The recent revelation of Donald Trump Jr.’s meeting with an attorney close to the Russian government, based upon an offer of information about Hillary Clinton, along with actions of Jared Kusnher, suggest that Donald Trump might have engaged in obstruction of justice to protect members of his family, along with members of his campaign staff and administration.

In order for impeachment to succeed it would require a simple majority vote in the House, but also require a two-thirds vote in the Senate to remove the president. Therefore it would require bipartisan support to remove Trump regardless of how well the Democrats do in the 2018 election. So far only two presidents have ever been impeached, including Bill Clinton, and technically no presidents have ever been removed from office by this route. Richard Nixon was forced to resign when his impeachment and conviction appeared inevitable.

An alternative mechanism under the 25th Amendment could also be used to remove Trump if he could be declared unfit to perform the duties of the presidency. While a quicker mechanism, this would be even more difficult to achieve as it would have to be initiated by the vice president and requires the support of two-thirds of each House should the president contest the action.

Investigate Trump, But Hold Off On Claims Of Treason

The information recently released about the meetings between Donald Trump, Jr. and others in the Trump campaign, along with the emails which have been released, show signs of violation of election laws. This is yet another in a long string of meetings which members of the Trump campaign have failed to disclose. This also gives justification for investigations of collusion between Russia and the Trump campaign, but the actual significance of this remains unclear considering that the meeting was with a lawyer who now says she never had any information on Clinton.

This opens additional avenues for investigation for both Robert Mueller and Congress. Although Sarah Huckabee Sanders denied that Donald Trump was aware of the meeting at today’s press briefing, I would bet that Mueller will be looking into this.

A huge problem with the 24/7 stream of news and constant discussion on social media is the temptation to come to conclusions immediately. We certainly need to wait and see what comes out of the investigations. That said, I have suspected from the start of this affair that Donald Trump has been trying to obstruct the Russia investigation to protect members of his campaign (along with possibly covering up financial improprieties). With Donald, Jr involved (along with Jared Jushner), this certainly raises the stakes.

As Shattered revealed, Hillary Clinton latched onto the Russia story within twenty-four hours of losing the election to place blame for her loss on others. Tim Kaine and other are now raising questions of whether Trump committed treason. Whatever crimes might have been committed by Donald, Jr. and others, treason does not appear to apply. This is discussed further at Axios and Vox. From Vox:

The revelation that Donald Trump Jr. was offered incriminating information about Hillary Clinton as “part of Russia and its government’s support for Mr. Trump,” and that Junior enthusiastically accepted and pursued the offer, is shocking. What Trump Jr. did could very well be a crime under federal campaign finance law.

But some politicians and commentators are raising the possibility that he committed an even graver offense: treason. “We’re now beyond obstruction of justice,” US Sen. and former Democratic vice presidential nominee Tim Kaine said. “This is moving into perjury, false statements, and even into potentially treason.” Richard Painter, President George W. Bush’s White House ethics lawyer, declared on MSNBC that Trump Jr.’s behavior “borders on treason” even before the worst revelations about the incidents came out. Rep. Seth Moulton (D-MA) commented, “If this isn’t treasonous, I’m not sure what is.” According to Merriam-Webster, searches for the definition of “treason” are on the upswing.

This is nonsense. Whatever Trump Jr. did, it’s definitely not treason. Treason is a very specific crime with a definition set forth in the Constitution that Trump Jr’s conduct doesn’t come close to meeting, for one simple reason: The US is not at war with Russia…

What Trump Jr. did was outrageous. But that doesn’t make it treason, and it’s irresponsible to keep throwing the term around willy-nilly.

Of course many Republicans have been guilty in throwing around the term, often with even less justification, when attacking Democrats.

Trump Can No Longer Claim He Is Not Under Investigation

Donald Trump has now been forced to stop repeating his claim that “I’m not under investigation” and instead complain about being the subject of a “witch hunt.” The status changed with the report from The Washington Post yesterday that  Robert Mueller is now investigating Trump for obstruction of justice:

The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether President Trump attempted to obstruct justice, officials said.

The move by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a major turning point in the nearly year-old FBI investigation, which until recently focused on Russian meddling during the presidential campaign and on whether there was any coordination between the Trump campaign and the Kremlin. Investigators have also been looking for any evidence of possible financial crimes among Trump associates, officials said…

The obstruction-of-justice investigation of the president began days after Comey was fired on May 9, according to people familiar with the matter. Mueller’s office has taken up that work, and the preliminary interviews scheduled with intelligence officials indicate that his team is actively pursuing potential witnesses inside and outside the government…

Accounts by Comey and other officials of their conversations with the president could become central pieces of evidence if Mueller decides to pursue an obstruction case.

Investigators will also look for any statements the president may have made publicly and privately to people outside the government about his reasons for firing Comey and his concerns about the Russia probe and other related investigations, people familiar with the matter said.

Comey testified before the Senate Intelligence Committee last week that he was certain his firing was due to the president’s concerns about the Russia probe, rather than over his handling of a now-closed FBI investigation into Hillary Clinton’s use of a private email server as secretary of state, as the White House had initially asserted. “It’s my judgment that I was fired because of the Russia investigation,” Comey said. “I was fired, in some way, to change — or the endeavor was to change the way the Russia investigation was being conducted.”

There is significant cause to investigate Trump for obstruction of justice, but it remains unclear as to the actual crimes committed. There has not been any evidence presented of actual collusion between Trump and Russia to meddle in the election results. While I am waiting to see the results of the ongoing investigations, I have suspected that such claims might not hold up. This has often been raised by supporters of Hillary Clinton who do not accept her role in her failed campaign, with Shattered revealing that Clinton devised the strategy of blaming her loss on Russia and others within twenty-four hours of her loss.

My suspicion has been that any obstruction of justice involves a combination of covering for members of campaign and financial dealings with Russia. Along these lines,  The New York Times does report:

A former senior official said Mr. Mueller’s investigation was looking at money laundering by Trump associates. The suspicion is that any cooperation with Russian officials would most likely have been in exchange for some kind of financial payoff, and that there would have been an effort to hide the payments, probably by routing them through offshore banking centers.

Regardless of the specifics of the investigation, the news that Mueller is investigating Trump makes it much riskier for Trump to fire Mueller. There were reports earlier this week that Trump was contemplating this, replicating the infamous Saturday Night Massacre when Richard Nixon fired Archibald Cox during the Watergate investigations. Such a move would increase the chances that even Republicans might consider impeachment to replace Trump with Mike Pence. Pence, incidentally, has now hired outside counsel himself to handle Russia probe inquires.

More Legal Problems For Donald Trump

Donald Trump’s failure to follow the Constitution is causing him further legal problems. He is now facing a lawsuit for violating the emoluments clauses of the Constitution in accepting payments from foreign governments. The Washington Post reports:

Attorneys general for the District of Columbia and the state of Maryland sued President Trump on Monday, alleging that he has violated anti-corruption clauses in the Constitution by accepting millions in payments and benefits from foreign governments since moving into the White House.

The lawsuit, the first of its kind brought by government entities, centers on the fact that Trump chose to retain ownership of his company when he became president. Trump said in January that he was shifting his business assets into a trust managed by his sons to eliminate potential conflicts of interests.

The lawsuit, a signed copy of which Racine and Frosh provided to The Washington Post on Sunday night, alleges “unprecedented constitutional violations” by Trump. The suit says Trump’s continued ownership of a global business empire has rendered the president “deeply enmeshed with a legion of foreign and domestic government actors” and has undermined the integrity of the U.S. political system.

Trump’s Restraint In Tweeting During Comey Testimony Did Not Last Long

One of the biggest surprises on the day James Comey testified before Congress is that Donald Trump’s lawyers were temporarily able to dissuade him from going ahead and responding on Twitter as he had previously planned. It had to be quite difficult considering how Comey was saying that Trump’s stated reasons for lying “were lies, plain and simple.”

After staying quiet during the testimony, Trump ultimately tweeted: “Despite so many false statements and lies, total and complete vindication…and WOW, Comey is a leaker!”

Trump is threatening legal action against Comey for releasing memos concerning the content of their meetings. Philip Bump looked into the legality of Trump retaliating against Comey:

President Trump’s declaration that the Thursday testimony of former FBI director James B. Comey was a “total and complete vindication” despite “so many false statements and lies” was the sort of brashly triumphant and loosely-grounded-in-reality statement we’ve come to expect from the commander in chief. It was news that came out a bit later, news about plans to file a complaint against Comey for a revelation he made during that Senate Intelligence Committee hearing meeting, that may end up being more damaging to the president.

As the news broke, I was on the phone with Stephen Kohn, partner at a law firm focused on whistleblower protection. We’d been talking about where the boundaries lay for Comey in what he could and couldn’t do with the information about his conversations with the president. Kohn’s response to the story about Kasowitz, though, was visceral.

“Here is my position on that: Frivolous grandstanding,” he said. “First of all, I don’t believe the inspector general would have jurisdiction over Comey any more, because he’s no longer a federal employee.” The inspector general’s job is to investigate wrongdoing by employees of the Justice Department, which Comey is no longer, thanks to Trump — though the IG would have the ability to investigate an allegation of criminal misconduct.

“But, second,” he continued, “initiating an investigation because you don’t like somebody’s testimony could be considered obstruction. And in the whistleblower context, it’s both evidence of retaliation and, under some laws, could be an adverse retaliatory act itself.”

In other words, Comey, here, is an employee who is blowing the whistle, to use the idiom, on his former boss. That boss wants to punish him for doing so. That’s problematic — especially if there’s no evidence that Comey actually violated any law that would trigger punishment…

“The constitutional right to go to the press with information on matters of public concern, as long as you’re not doing it in a way that will bring out classified information,” Kohn said, “the reason why that is protected constitutionally is that the courts — including the U.S. Supreme Court — have ruled that the public has a constitutional right to hear this information.” In other words, it’s constitutionally protected speech.

Trump now says he is willing to testify under oath about Comey’s statements. Bill Clinton was impeached for perjury related to relatively minor falsehoods unrelated to his performance as president. Any false statements made by Trump under oath with regards to the firing of the FBI Director should be an even more serious matter.

Comey’s testimony did not provide any evidence of collusion between Trump and Russia to alter the results of the election as many Democrats claim occurred, but did provide further suggestion of obstruction of justice. BBC News provided this analysis:

In one of those exchanges, the president said he “hoped” Mr Comey could “find his way” to dropping an investigation into then-national security adviser, Michael Flynn, a Trump ally who was under scrutiny over his ties to Russia.

We knew that already – Mr Comey made details of the meeting public several weeks ago – and Committee Republicans sought on Thursday to paint it as an innocent exchange: “I hope” was not an instruction, they said.

The former FBI director declined to offer his own opinion at the hearing on whether the president was attempting to obstruct justice, saying only that he found their exchange “very disturbing”. Whether the president had broken the law would be a matter for special counsel investigator Robert Mueller to decide, he said.

So what’s changed? Alex Whiting, a Harvard Law professor and former federal prosecutor, said the oral testimony gave new and legally significant insight into how Mr Comey interpreted the president’s words in the moment.

“The critical aspect of an obstruction case is assessing the intent of the speaker and whether it was corrupt,” Mr Whiting said. “People communicate with much more than words, and some of the best evidence for what a speaker meant can be how the speaker was understood at the time.”

Mr Comey’s testified on Thursday that he clearly understood Mr Trump to be pushing him to drop the inquiry. We also heard for the first time that the president cleared the room before making the remarks, removing even Mr Comey’s boss, the attorney general.

Added to that, Mr Comey, who has a long history of high-profile legal positions and who took meticulous notes directly after his meetings with the president, was a “dream witness”, Mr Whiting said. “I think if you take together his written and oral testimony together, he has now made a prima facie case of obstruction of justice.

Interpretation of the hearings comes down to whether you believe James Comey or Donald Trump. The suggestion that Trump might have tapes certainly did not scare Comey. The quote of the day out of the hearings was Comey saying:  “Lordy, I hope there are tapes.” If there are, my bet is that any tapes made by Donald Trump will be as devastating to him as the tapes made by Richard Nixon.