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Trump's Impeachment Defense: Beyond the Reach of the Law?

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 24 October 2019.

On Tuesday, former acting Attorney General Matt Whitaker appeared on Fox News, stating that 'abuse of power' — a key aspect of an impeachable offense — 'is not a crime.' This assertion has added to the growing concern that President Trump's main impeachment defense may be that he is beyond the reach of the law.

On Monday, after a bipartisan outcry led to the cancellation of plans to host the Group of 7 summit at Trump's Miami golf resort, the President complained to reporters about the 'phony emoluments clause,' a reference to a part of the Constitution designed to limit corruption.

On Wednesday, in federal court, Trump's lawyer argued that New York City prosecutors should not be allowed to obtain the President's tax records, stating that Trump 'cannot be prosecuted, or even investigated, for any offense — including shooting someone 'in the middle of Fifth Avenue' — while in office.

Despite claims by the President and his supporters, Democrats are not conducting 'secret,' 'Soviet-style' proceedings. In fact, witness interviews are being conducted in private, with public hearings to be held later.

There are good reasons for Democrats to operate behind closed doors for now. The House's impeachment inquiry is not a trial, but rather a grand jury proceeding, where information is gathered and considered for the purposes of handing up an indictment.

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