Chief Legal Analyst At Fox News: Trump Is ‘Clearly’ Guilty Of High Crimes
Judge Andrew Napolitano published an op-ed in which he argued that the outcome of President Donald Trump’s impeachment trial has created the precedent that the president is above the law.
As the chief legal analyst at Fox News, Napolitano concluded that “in [the trial’s] wake is a Congress ceding power to the presidency, almost as if the states had ratified a constitutional amendment redefining the impeachment language to permit a president to engage in high crimes and misdemeanors so long as he believes that they are in the national interest and so long as his party has an iron-clad grip on the Senate.”
Napolitano observed two significant events that occurred in the impeachment trial.
The first was an argument that Trump’s lawyers presented: every president seeking reelection believes his victory will be in national interest and therefore, all presidential efforts toward that victory are constitutional and lawful.
This argument mirrors President Richard Nixon’s logic that “when a president does it, that means that it is not illegal” because the president is above the law. Such logic must have resonated with the Senate Republican leaders, who then urged their colleagues to embrace that view.
The second event was the 51-49 Senate vote to bar witnesses and documents from the trial. Napolitano questions the senators who took an oath to do “impartial justice” but were unwilling to discover the truth.
Napolitano writes: “Trump will luxuriate in his victory. But the personal victory for him is a legal assault on the Constitution. The president has taken an oath to preserve, protect, and defend the Constitution. Instead, he has trashed it. How? By manipulating Senate Republicans to bar firsthand evidence and keep it from senatorial and public scrutiny, Trump and his Senate collaborators have insulated him and future presidents from the moral and constitutional truism that no president is above the law.”
“Somewhere, Richard Nixon is smiling,” he concluded.