
President Trump has performed an impressive bait-and-switch with his followers and the American people at large. The law is a tool created by the government, and agreed upon by society, to penalize unjust behavior. What Trump has done is distort this perception and argue that laws determine “Right” and “Wrong.”
This new “religion of law” was recently on display in the interaction between William Barr, Trump’s de facto personal lawyer, and Congress.
Amy Klobuchar: “Are the President’s actions, detailed in the report, consistent with his oath of office and the requirement in the Constitution that he take care that the laws be faithfully executed?”
William Barr: “Well, the evidence in the report is conflicting, and there’s different evidence, and they don’t come to a determination as to how they are coming down on it.”
Notice how Barr evades saying if he thought it was consistent (the question he was asked). He then punts the responsibility of the answer to the report. The investigation was not intended to determine if anything was unethical: it was to determine if it was illegal.
It does not stop there, the stage has already been set for the rot to go much deeper. When faced with the prospect of obstruction of justice, Trump’s lawyers have already floated the argument that since Trump, as President, is the head of the enforcement branch, he cannot obstruct justice.
Allow me to summarize this circular argument:
Something must be illegal to be wrong.
The president is above the law.
Therefore:
Trump can do no wrong.
This conflation must not be allowed to enter our minds. Laws are reactive by nature, and to act as though a law determines “Right” from “Wrong” is to outsource one’s moral compass to politicians. This is a strange prospect for those who rallied behind the “drain the swamp” slogan.
A great deal of attention, and ink, has been spent on Barr’s memo about the Mueller investigation. Upon reading, Barr lays out a compelling argument against the President being forced into an interrogation. The entire memo reads as a defence of presidential powers from being infringed upon by the other two branches of government.
Barr lays out four arguments against the interrogation, out of which the fourth informs his actions since the Mueller report was released: “Even if one were to indulge Mueller’s obstruction theory, in the particular circumstances here, the President’s motive in removing Comey and commenting on Flynn could not have been “corrupt” unless the President and his campaign were actually guilty of illegal collusion.” [Page 3 of his memo]
According to Barr, Trump was innocent and these actions were the desperate attempt of an innocent man. This would mean that Trump is weak-willed, and the temptation to use his position of authority for personal benefit was too much for him to handle; that, or Trump lacks confidence in his behavior being scrutinized by the public eye, but his time as a celebrity would lead one to believe he has no fear of public opinion.
Dianne Feinstein: “You still have a situation where a president essentially tries to change the lawyer’s account in order to prevent further criticism of himself.”
William Barr: “Well that’s not a crime.”
Dianne Feinstein: “So you can, in this situation, instruct someone to lie?”
William Barr: “To be obstruction of justice, the lie has to be tied to impairing the evidence in a particular proceeding.”
It is relatively clear that Barr saw Mueller’s end result – no clear illegal actions but no exoneration – and ran with his fourth argument. The Mueller report lays out a timeline rife with unethical behavior. It is very difficult to prove an illegal action when the action is asking someone to break the law – it is difficult to prove motive.
It is clear, however, that this pattern of behavior has continued since the events detailed in this report. The New York Times reported, on April 12, that Trump privately urged Kevin McAleenan, a border enforcement official almost named Acting Secretary of Homeland Security by Trump, to close the southeastern border to migrants. According to the NYT, it was not clear what Trump meant by the request, or his additional comment that he would pardon McAleenan if he encountered legal problems as a result of the action.
This event corroborates with actions detailed by Mueller, illuminating a pattern of behavior by the President. On its own, it is an impeachable offence,”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 II, Section 4 of the Constitution.]
This was an offer for a transaction: Trump offered a promotion and a pardon in exchange for McAleenan to close the border. This is called bribery.
This is not the action of an innocent man. The President, charged with upholding proper execution of the law, is actively attempting to persuade another to break the law on his behalf. Had McAleenan carried out this request, Trump would have successfully thrown responsibility for this action onto McAleenan’s shoulders. Sure he promised to come to McAleenan’s defence, but this is an act of cowardice. This is not acceptable behavior for a President.
While Trump’s actions tread within a legal gray area, our Founding Fathers foresaw this type of crisis. This is why impeachment is a political act, and not a legal one. Impeachment does not remove Trump from office. It is the levelling of charges against him so that he may mount a proper defence. Because these are very questionable actions by the President, they lead to very serious accusations about his behavior in office. Instead of hiding behind Barr or other lawyers, the President should stand before Congress himself.
He should answer for this behavior so that the American people can better understand his conduct in office by the authority granted to him by voters. He must be judged not on the legality of his conduct, but whether it has been acceptable or not.


