The 2nd circuit of the U.S. Appeals Court told President Trump he does not have immunity from criminal investigation and prosecution and now the U.S. Supreme Court has the opportunity to decide the matter. While Trump claims that indictment or prosecution would hinder his ability to perform his constitutionally assigned duties, U.S. v. Nixon and Clinton v. Jones suggest otherwise. The most recently confirmed Supreme Court justice stated in his confirmation hearings last year that nobody is above the law and our constitutional system. At issue are Trump's tax returns from the past eight years which he wishes to conceal and hush payments made to two women prior to the 2016 election and possibly other items.
Discussion Questions
1. How far should executive privilege go in giving presidents immunity from indictment and prosecution?
2. Given that hush payments were made more than three years ago during the 2016 campaign and the president has avoided calls to release his tax returns for years, are these issues still worth considering?
3. What should Congress do and how should the Supreme Court interpret efforts by the President to expand the powers of the office?
1. Executive privilege should only go as far as to protect national secrets such as military operations and confidential plans, and should not extend to personal dealings and tax returns. Although hush money payments were made more than three years ago, these dealings are certainly worth considering given that money was used to help stop witnesses from testifying. Now that the president continues to attempt to expand his power, It is most definitely congress and the supreme courts responsibility to control the expansion of executive power.
ReplyDeleteIn response to the first question, executive privilege shouldn't give presidents immunity from indictment and prosecution in any situation. Being the president doesn't mean that they're above the law. The president is on the same level as every other citizen in that they are subject to the same laws. If those laws are broken, the president should be subject to indictment and prosecution.
ReplyDeleteI believe that there should be a limit to the amount of power a president has. Executive privilege shouldn’t give presidents immunity especially when they are abusing their power. Of all people, the president should be following the law just like any other citizen and should suffer the consequences if they don’t enforce or follow the laws. I agree with Jung Haye that executive privilege should only be used to protect our country. Congress and the Supreme Court should continue to manage the checks and balance system to counterbalance governmental influences to avoid any unlawful acts.
ReplyDeleteI don’t think the president should have immunity from indictment and prosecution, the president's power of executive privilege should be acted on for the security of the country. This power was not created to allow the president to get away with their unconstitutional actions but to protect national information from getting into the wrong hands. The fact that these issues were not addressed sooner demonstrates a lack of regulation on the president and these issues are worth visiting because he has been continuing the same behavior. Congress and the supreme court must restablish its powers in checks and balances to regain balance in the government.
ReplyDeleteDuring impeachment or Congressional investigations, I think that all presidents should be required by law to comply with Congress and whatever it requests, which I think is already in the constitution. If they don't comply, it should be grounds for impeachment because Congress has the right to check on the Executive Branch. Given that the majority of the Supreme Court is Republican, the likelihood of them doing anything against the president is slim, but they should put country above party and interfere and force the president to hand over his tax returns because if there was illegal activity before he became president, as a presidential candidate, and/or during his presidency, Congress and the American people have the right to know.
ReplyDeleteI believe that the President's personal life and action should be separated from his national duties as president such as protecting national secrets. However, that does not mean that using his mantle as president should be used to protect his personal action before he was president. As for the second question, even though his actions in question happened years ago, I think that it is still worth it to investigate because no one is truly above the law. Since Trump is already under question because of the impeachment inquiry, I believe that Congress should definitely investigate further into his actions.
ReplyDeleteThough I agree that executive privilege is important to maintaining the functionality of the government, there is a limit to which the president must be held accountable. There are many factors going into whether to grant executive privilege or not but in the case of Trump he should definitely be prosecuted for his alleged crimes. There is an abundance of evidence that points to him eluding taxes and payments of hush money, so those allegations should be looked into. The fact that Trump is the president now makes these issues more pressing because the American people have a right to know the character and actions of their leader. The Supreme Court should recognize that a certain degree of immunity is necessary for the president, but allowing absolute immunity would be permitting the president to act outside the law.
ReplyDeleteI don't think Congress can do much to deal with the expansion of executive power besides potentially try to limit the scope of the bureaucracy through laws they pass. The real important fight is in the Supreme Court. They need to ensure that any efforts to expand presidential power are still constitutional. The Supreme Court currently leans conservative; hopefully this means that they will not be Trump loyalists but rather that they will have a narrow interpretation of the Constitution. Even if his tax return issues are three years old, it is still relevant. As he is currently undergoing the impeachment process, it is necessary for him to be completely honest. Executive privilege needs to be used for matters of national security, not those of personal protection.
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