by chrondog Thu Feb 15, 2018 12:16 am
to be frank, the President of the United States is, for all intents and purposes, above the law. journalists like to pretend that this is not the case, but it is. the President can fire anyone who has the power to investigate him. he is not required to testify anywhere. there's little way you can charge a President and make him go through the legal process because it would interfere with his constitutional duties.
the "high crimes & misdemeanors" required for impeachment is a red herring, because Congress doesn't have to prove any of the charges in impeachment proceedings. impeachment is a political process. you can be impeached or not for anything, it doesn't have to do with violating the law.
the 25th Amendment is another way to remove the President, by a majority vote of his own cabinet. that would require the people who were appointed by the President to turn on them and you can count the number of people in government with that moral courage on one hand.
the President doesn't have to follow the law and it was only the "norms" of American government that checked his power. that's why Constitutionalists on both sides, under W. Bush and Obama, were concerned about the expansion of executive authority under those two Presidents. ultimately, the rise in Presidential power can be directly tracked next to the weakening of Congress due to partisan gridlock.
https://www.washingtonpost.com/posteverything/wp/2017/06/08/sitting-presidents-cant-be-prosecuted-probably/?utm_term=.ff6cfbe15015