Nixon, 1977: ‘When the President Does It That Means That It Is Not Illegal’
Disgraced former president Richard Nixon infamously and embarrassingly told talk show host David Frost, “When the president does it that means that it is not illegal.”
It was a stunning moment in American history, a former president, forced out of office, claiming he believed presidents are above the law.
They are not.
It was wrong then, it is wrong now.
The Constitution allows for impeachment for “high crimes and misdemeanors,” meaning the founders believed the law applies to all, including the president.
President Trump’s attorney John Dowd was in the headlines Sunday, defending his client’s tweet that very well could cement an obstruction of justice case against the president. On Saturday, Trump tweeted he had to fire Mike Flynn because Flynn lied to Vice President Mike Pence and to the FBI.
There is no reason Trump should have known Flynn lied to the FBI, unless Flynn told him he did. Regardless, it established that Trump knew Flynn broke the law when he asked FBI Director Jim Comey to drop the Bureau’s investigation into Flynn, hence, obstruction of justice.
Dowd on Sunday went as far as to take responsibility for drafting the Trump tweet admitting he knew in February Flynn lied to the FBI – a felony – and fired him for it.Â
Several legal experts have said if Dowd did in fact draft the tweet he should be disbarred.
Dowd is again in the headlines Monday, claiming that legally a president cannot obstruct justice. It is full Nixonian, and an astonishing claim.
A “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd told Axios’ Mike Allen.
Again, the Constitution allows for impeachment for “high crimes and misdemeanors,” meaning the founders believed the law applies to all, including the president.Â
“The tweet did not admit obstruction. That is an ignorant and arrogant assertion,” Dowd also told Axios.Â
Several legal experts disagree.
Axios adds: “Trump’s legal team is clearly setting the stage to say the president cannot be charged with any of the core crimes discussed in the Russia probe: collusion and obstruction. Presumably, you wouldn’t preemptively make these arguments unless you felt there was a chance charges are coming.”
To comment on this article and other NCRM content, visit our Facebook page.
Image by Gage Skidmore via Flickr and a CC license
If you find NCRM valuable, would you please consider making a donation to support our independent journalism?
Â