Posted: 03 July 2024 at 9:44pm | IP Logged | 8
|
|
|
"And, as I understand it, if it is 'official' business, then it can't be questioned."
Sure it can. Take Trump's communications with Pence on Jan 6, for example. The court said those communications would qualify as official business, but Trump can be criminally charged in connection with them if doing so would not intrude upon the authority and functions of the executive branch.
That's not a difficult threshold to meet.
Trump is charged with Conspiracy to Defraud the United States. As it pertains to Pence, the indictment says:
"The Defendant and co-conspirators attempted to enlist the Vice President to use his ceremonial role at the January 6 certification proceeding to fraudulently alter the election results. First, using knowingly false claims of election fraud, the Defendant and co-conspirators attempted to convince the Vice President to use the defendant's fraudulent electors, reject legitimate electoral votes, or send legitimate electoral votes to state legislatures for review rather than counting them. When that failed, on the morning of January 6, the Defendant and co-conspirators repeated knowingly false claims of election fraud to gathered supporters, falsely told them that the Vice President had the authority to and might alter the election results, and directed them to the Capitol to obstruct the certification proceeding and exert pressure on the Vice President to take the fraudulent actions he had previously refused."
So ask yourself, what executive functions are involved here? On Pence's side, you have the role of the VP in certifying the election results. On Trump's side, you have the role of the executive branch in protecting the integrity of elections by enforcing election laws.
Charging Trump with "knowingly" making false statements about election fraud doesn't intrude on either of the aforementioned legitimate functions of the executive branch, or the authority of the President, IMO.
If anything, it protects the separation of powers. As the VP is acting in his role as President of the Senate, his function in certifying the election is quasi-legislative, and should not be interfered with by the executive branch.
The counter argument would be that charging Trump with fraud in this instance could have a chilling effect on future presidents seeking to prevent the certification of election results they believe to be fraudulent, because they are afraid they will be prosecuted if it turns out they are wrong.
I think that's a weak argument in light of (1) the lack of evidence of widespread fraud in any presidential election, and (2) Trump and future presidents would be protected by Grand Jury proceedings, by which I mean that in order to successfully indict a president under similar circumstances, there would have to be compelling evidence to suggest the President knew he was lying about the election results.
Edited by John Wickett on 03 July 2024 at 9:45pm
|