As many of you know that I am an attorney– practicing mostly in environmental and energy law. Fundamental to how I counsel my clients is respect for the rule of law– the Constitution, statutes and regulations, and judicial precedent. I think my respect for the rule of law is one cornerstone for my thorough disgust with President Trump. He believes and functions as if he is above the law.
The New York Times Editorial Board has a great editorial on this subject in the July 21, 2017 paper. I have reprinted it below.
President Trump’s Contempt for the Rule of Law
New York Times Editorial, July 21, 2017
In less than an hour on Wednesday afternoon, President Trump found a way to impugn the integrity and threaten the livelihoods of nearly all of the country’s top law enforcement officials, including some he appointed, for one simple reason: They swore an oath to defend the Constitution, not him.
For a president who sees the rule of law as an annoyance rather than a feature of American democracy, the traitors are everywhere.
Attorney General Jeff Sessions endured the worst abuse, which came during Mr. Trump’s gobsmacking Oval Office interview with The Times. Mr. Sessions’s offense? Recusing himself in March from all investigations related to the 2016 presidential campaign, a decision that infuriated Mr. Trump. “If he was going to recuse himself, he should have told me before he took the job and I would have picked somebody else,” the president said. He called the recusal “extremely unfair — and that’s a mild word — to the president.”
Never mind that Mr. Sessions had no real choice but to step aside. Given his proximity to the campaign — Mr. Sessions was one of Mr. Trump’s earliest and most vocal supporters — his ability to be impartial was reasonably in doubt. The “unfairness,” as Mr. Trump saw it, was that Mr. Sessions’s partiality was exactly what he hoped to exploit, mainly to help quash the F.B.I.’s inquiry into his campaign’s possible ties to the Russian government, whose meddling was aimed at tipping the election in Mr. Trump’s favor.
Mr. Sessions said on Thursday that he would continue as attorney general “as long as that is appropriate.” But propriety left the building long ago. It’s hard to imagine he will be there much longer, since the president has, in so many words, invited him to resign for failing to block the Russia investigation. That inquiry lives on for now, but all those associated with it would be justified in fearing that they could well end up like James Comey, the F.B.I. director Mr. Trump fired in May in the hope of shutting it down.
Deputy Attorney General Rod Rosenstein, who took charge after Mr. Sessions’s recusal, and Robert Mueller, the special counsel Mr. Rosenstein appointed to run the investigation after Mr. Comey’s firing, were also in the president’s sights. Both men, he complained, were guilty of “conflicts of interest” — which Mr. Trump seems to define as anything that conflicts with his own interests.
For Mr. Mueller, who led the F.B.I. for more than a decade and who is one of the most respected law enforcement officials in the country, Mr. Trump had a clear message: Watch your back. Any investigation into the Trump family’s finances, unrelated to Russia, the president said, would constitute a “violation” of Mr. Mueller’s mandate, and possibly would be grounds for his dismissal. That’s simply wrong. The special counsel is authorized to investigate “any matters” that might arise during the course of the Russia investigation — in fact, he’s already doing so.
In the end, Mr. Trump is concerned with nothing so much as saving his own hide, which means getting rid of the Russia inquiry for good. He previously said this was why he fired Mr. Comey, and it may yet be the undoing of Mr. Sessions, Mr. Rosenstein and Mr. Mueller.
The one person who avoided the president’s wrath was the only one who has not yet had the chance to defy him: Christopher Wray, Mr. Trump’s pick to replace Mr. Comey. “I think we’re going to have a great new F.B.I. director,” Mr. Trump said Wednesday.
Perhaps he forgot that Mr. Wray told senators during his confirmation hearing that he would not hesitate to prosecute the Trump Organization for foreign-corruption crimes if the evidence pointed that way. Or perhaps he thinks he can bend Mr. Wray to his will because, as he told The Times, “the F.B.I. person really reports directly to the president.”
Wrong again: The F.B.I. director reports to the attorney general, precisely to protect the independence of which Mr. Trump is so openly contemptuous. It’s true that the president may fire the director, but that power is, or used to be, reserved for the most extraordinary circumstances.
Mr. Trump’s cavalier attitude toward this carefully designed system is an affront to the people who have spent their careers respecting and protecting it. It’s also the clearest sign yet that he values the rule of law only to the extent that it benefits him personally.