Round 2 of the plot thickens with the CBC spin on Trump and the lawyers

http://www.cbc.ca/news/world/trump-mueller-subpoena-seven-legal-experts-constitutional-law-1.4645828

Trump is bracing for a subpoena from Mueller. His options sound pretty rough

What happens if Trump is subpoenaed by the special counsel? 7 legal scholars weigh in

Matt Kwong · CBC · Posted: May 03, 2018 4:00 AM ET

It was  3556 Comments at noon (Now its

Commenting is now closed for this story.

 
Elizabeth Reid

The Stormy affair has an overtone of blackmail.

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David Amos

@Chris Halford Methinks if Trump were not elected President Daniels would be happy with the 130 grand and her lawyer would not be messing with Trump N'esy Pas?

Margaret Bricknell

@David Amos
Why do you keep repeating 'N'esy Pas' - which is a nonsense word?
N'est ce pas?

Brian Cohen

IMHO, Donny will go as far as he can to avoid afraid jury or even submitting to a subpoena, and then resign, counting on Pence to pardon him.

Interesting but hardly shocking that Donny paid the "hush money" to keep Stormy quiet.

Gotta love Donny's "tradition family values"; adultery, lying about it and extortion to name a few.

Rudy Baker

@Brian Cohen

Trump is his own worst enemy.

David Amos

@Rudy Baker Yup

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David Amos

@Brian Cohen Methinks that Bobby Mueller and everybody else "in the know" knows that the lawyer Rudy Giuliani has had a copy of this file since 2004 N'esy Pas?

Check page 2 and page 5

https://www.scribd.com/document/2619437/CROSS-BORDER

David Amos

@David Allan "It's all explained in the article you didn't read."

Methinks you should read pages 2 and 5 again Nesy Pas?

https://www.scribd.com/document/2619437/CROSS-BORDER

   

Jack Birmingham

Still won't be enough to shake his tribalism stricken supporters. The best biggest case of dangerous willful ignorance since World War 2.

David Amos

@Jack Birmingham Tribalism??

Methinks thats kinda like the malaise that has stricken the folks who support liberals N'esy Pas?

Brian Cohen

@David Amos
What is "N'esy pas"??
N'est pas is a French term meaning "isn't that so".
"N'esy pas" is gibberish in both official languages.

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David Amos

@Brian Cohen So you say but it works wonders for me to upset Trolls

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David Amos

@Brian Cohen Methinks you will not be surprised when I inform you that my reply was blocked N'esy Pas?

ArtMuler

I may feel that Trump is an abomination but if I have learned anything about the office of POTUS after watching administrations like that of George Bush and now Donald Trump, it is the limitations of the office.

Even an idiot can govern, with enough supervision.

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David Amos

@ArtMuler Methinks Obama easily proved that N'esy Pas?

David Amos

@ArtMuler "Even an idiot can govern, with enough supervision."

Pick me I am a vegetable

 
Elizabeth Reid

Odd how the Russian investigation meandered its way down to a stripper.

David Amos

@Elizabeth Reid Methinks any proper circus employs ladies in scant attire N'esy Pas?

David Amos

@Brian Robertson Methinks Trump like Kennedy could dally with many ladies it is only an issue between him and his first lady. It has nothing to do with his job in the oval office N'esy Pas?

Arlene Diamond

@David Amos

Mueller seems to focus on women rather than Russia. I think he may be senile.

David Amos

@Arlene Diamond I crossed paths with Mueller and his minions bigtime in Boston in 2002 while I was arguing the US Attorney Michael Sullivan in two lawsuits. Trust that I know for a fact that the last thing he is is ethical.

David Amos 

@Arlene Diamond Methinks I should be amazed that folks skipped over my tip about Mueller like it wasn't there. However it has happened so may times that I realize either people quite simply don't read or choose not to believe anything that is not served on them by the corporate media. N'esy Pas?

Although nobody gives a damn trust that Stormy Daniels' lawyer knows how to contact Trump's lawyer. If you were curious enough to Google the following words you would know why I am laughing tonight because I have talked to Mikey a few times myself.

The words are as follows:

Trump Cohen Amos FATCA NAFTA

David Amos

@Sandy Gillis Methinks that you are not one bit amazed and I have a right to that reasoning after our recent encounter N'esy Pas?

John Conrad

@David Amos
"N'esy Pas? "
Ça veut dire quoi au juste ?

Try "n'est- ce pas".

Christiana Zimmerman

@Karen King on this site I watched the numbers on an upvote tick as if it was someone clicking a mouse repeatedly, it shot up 15 votes in a few seconds... the comment was only a minute or two old...it was a real eye-opener

Christiana Zimmerman

@David Amos he's not being investigated for adultery...

 
Brian Robertson
All he has to do is follow the Clinton practice of 'I don't remember'.
That carried Hillary through most of her interview by the FBI.

Also, what is this about 'he cannot refuse to answer, and if he does, he can be impeached for perjury'?
You don't even consider it a possibility that he could answer, telling the truth?

You are falling victim to your own rhetoric.
But, given that you get most of your taking points from the DNC, it is not surprising that your position is biased as usual.

Just another day at the CBC (aka. Swamp North)

David Amos

@Brian Robertson Speaking of the Clintons and bad memories anyone recall tainted blood?

  

michael flinn

Seven "legal experts" and not a practicing lawyer among them.

David Allan

@michael flinn

Professors in Constitutional Law are, by definition, expert in constitutional law.

David Amos

@David Allan So you say EH?

David Amos

@michael flinn "Seven "legal experts" and not a practicing lawyer among them."

Methinks big talkers come cheap N'esy Pas?

John Atkins

@David Amos Learn to spell! "we love the uneducated!"

David Amos

@John Atkins "Learn to spell! "we love the uneducated!""

Methinks you should Google the following name and words and get yourself a free education on how the Internet works with unique words N'esy Pas?

David Amos N'esy Pas?

 

Bill Nazarene

@David Amos

Unique?

Dime-a-dozen, Buddy, dime-a-dozen.

Sad.

  

Andrew Ernyes

There is no reason why Trump should testify just because this shameless witch hunt is demanding it.

In any case, according to constitutional law, a sitting president cannot be subpoenaed while he is in office. That can only happen, after he has left office. 

.

Michael Murphy

@Andrew Ernyes Where did you get your law degree? I ask because the 7 people with law degrees quoted disagree


 

Rob Kov @Andrew Ernyes how long until this next top comment is also deleted

David Amos

@Michael Murphy Have you checked my work yet?

David Amos

@Rob Kov FYI I blog my comments as I post them yours will be above this

David Amos

@Bill Nazarene "Start a blog & stop chasing CBC views. All these eyeballs don't come here to see you or the rest of the Alt-R Human Centipede."

Methinks that insults such as this show us the true you N'esy Pas?

 

James Smerchansky

“What happens if.” “Unnamed sources”

I wish I had a quarter for every time CBC brought me the news and used those terms.

David Allan

@James Smerchansky

It's the cornerstone of a free press.

How many times has Trump said the same thing? He's quite known for saying, "People are telling me...," & "I heard...," without citing his source.

During the campaign he had two rallies, one in the morning, another in the afternoon. In the morning he made an unfounded claim. In the afternoon he claimed to have heard it "somewhere". Yeah, he heard himself.

And you fell for it.

David Amos

@David Allan Methinks I have a real name and CBC cannot deny that I provided you the proof of my lawsuits etc yesterday N'esy Pas?

Rob Kov

@David Allan Free press like how 3 top comments have now been deleted similar to this one?

David Amos

@Rob Kov Exactly

 

ian McDonald

The irony of the far-left here (the communist) calling everyone who disagrees with them "Comrade"

David Amos

@ian McDonald Methinks you touched a nerve N'esy Pas?

 

Patrick Wallis

What I would like to know is how is a CBC reporter privy to information like the President will be served with a subpoena? I realize that 90% of the people that contribute to these comments would like to see Trump impeached but its not going to happen. All this BS about collusion has never been proven in the 16 months during the investigation. The Stormy Daniels case is a joke and an abuse of the American legal system, she was paid $130K to stay silent about the affair.. For that kind of money I would. Now she is the most popular porn start trending and she gets $75k for an appearance. If everyone would just let this guy run out his term and let the voters decide instead of a bunch of people who feel they can say anything as long as its followed by "unidentified sources". Shame on all the MSM

Marshall Krueger

@Patrick Wallis Twitter is one of the primary sources for reporters these days. As story after story shows, not any actually "know" anything. I mean look at the list of experts - most of them are teachers not practicing lawyers and that's not even getting into what areas of law they are familiar with. Odds are it's not constitutional law.

David Amos

@Marshall Krueger Methinks the reporters would have noticed that I just tweeted this article to Trump and the CBC and blogged about it as well N'esy Pas?

 
Mark Deckard

Another nothing burger served by Chef Kwong.

Bill Nazarene

@Rob Kov

Want comments? Start a blog...

Rob Kov

@Bill Nazarene you see no problem with deleting top comments you disagree with?

Lawrence Aaluuluuq (RedWhite)

@Rob Kov

Notice how all the other top comments that were critical of Trump in thought out, concise manners have vanished, and replaced with baseless, trump-genuflecters bleating "fake news" this, and "nothingburger" that?

How's your Pet Rock, Rob?

David Amos

@Bill Nazarene "Want comments? Start a blog..."

I did years ago Now I post your comments in too N'esy Pas?

 

Bill Nazarene

@David Amos

Translator on the fritz, Boris?

Jason Stratton

@David Amos dude it's "n'est-ce pas" or "is it not".

Manfred Radius

On one hand the Canadian left rails against Trump because they claim he, debatably, threatens democracy and at the same time they support state controlled media which, factually, threatens democracy. There is no amount of logic, fact, or evidence that will convince them otherwise.

David Amos

@Michael Murphy "You could be right, how about giving me a little logic or evidence to start? I have yet to see any"

Do you view YouTube? Try Googling the following

Michael Murphy David Amos Youtube

Artie Gibson

Can Trump, "plead the 5th"?

Paul Malcew

@Artie Gibson Do you remember what Trump said about people who plead the 5th? It's time to walk the talk.

David Amos

@Paul Malcew I agree

 

Natasha Pushkin

The question is why Mueller gong show LEAKED the list of their questions to NYT?
I am starting to believe that this entire nonsense is in fact set up to pacify Trump-ha ters while the president delivers on all his promises to the American people in the background.

David Amos

@David Allan "Try to keep up.
The rest of the world doesn't operate like Moscow."

Methinks because your lack of class and ethics that your fancy education was a waste of money N'esy Pas?

David Amos

@Natasha Pushkin Welcome to the circus. Look for the fun in the madness

  

Tyson McGee

He can be subpoenaed, but he cannot be compelled to answer questions. If he is held in contempt, he cannot be indicted.

It seems like the President is safe so long he doesn't cooperate once complying to the subpoena. The only scenario where he loses is if he voluntarily testifies and commits perjury.

David Amos

@Tyson McGee Good Point Sir

 

David MacKinnon

The big assumptions with this article are:
Muller is going to actually subpoena DJT,
DJT has something to hide
DJT is going to fight the subpoena

Everything else is speculation

Question is why would the CBC not simply report the facts, Muller may issue a grand jury subpoena to DJT, in the grand jury 16 to 24 persons, held in camera, with penalties attached for leaking".

Question:
It is possible that DJT could win the jury, is this the idea situation for Muller?

David Amos

@Kathy Altenhofen He does so you insult him?

David Amos

@David MacKinnon "Question:
It is possible that DJT could win the jury, is this the idea situation for Muller?"

Nope

Methinks its just a game High Stakes poker. Mueller and Trump's own lawyers know the very narcissistic showman ain't bluffing about wanting to talk to a grand jury. Mueller has no evidence and he is just fishing before he quits. I doubt he will want to go down in flames over a porn star's payoff which ain't illegal. Hence it ain't worth the gamble N'esy Pas?

 

Bill Edward Goate

One of a couple will happen shortly:

a) The GOP house & senate pass a resolution demanding Mueller be fired and Trump complies under the cover of comply with the will of the people as expressed through their elected reps

b) Trump fires Mueller unilaterally

c) Congress deprives the Mueller team of the funding and personnel it needs to carry out it's investigation

d) Trumps legal team wraps the investigation up in so many legal challenges, wrangling, counter-suits and slow-walking that Mueller walks away with nothing to show for it

e) Sessions fires Rosenstein, un-recuses himself and either reigns Mueller in or fires him outright.

Kevin Delaney

@Bill Edward Goate
Are any of those going to happen, before pigs fly... over the cookoo’s nest?

David Amos

@Kevin Delaney Methinks we should all have our doubts However my pick is option d) That scenario does allow for Trumps legal team to make a lot of money and the longer the US Counsel is engaged the longer Mueller and his minions make the big bucks too N'esy Pas?

Kevin Delaney

@David Amos
Given that there is a rumour going round that Trump does not pay, maybe only Mueller’s team are the only team likely to be paid.

   
Moira Wilkinson

Either those new WH Lawyers are working pro bono. Or there have been large donations to The Trump Campaign. Because no high price lawyers will work for Trump. He doesn’t pay his bills.

David Amos

@Moira Wilkinson Methinks King James and many lawyers would agree that lucre comes in many forms N'esy Pas?

 

Jeremy Kemp

Good thing Trump already likes the colour orange it matches his skin and hair.

Jane Madison

@Jeremy Kemp why do people pick on North American leaders hairstyles? Good grief. . . if it's not President Trump, it's Prime Minister Trudeau. Now that might make for a funny and yet interesting analysis.

David Amos

@Jane Madison Methinks its because that is what they want us to focus on as we watch the talking head lie to us on TV N'esy Pas?

travis patrick

A few days ago, trump said he didnt know about the payment to stormy. Today Guiliani said trump repaid cohen for it.
Are these people sane?

David Amos

@travis patrick They are lawyers and politicians Methinks everybody knows what is going down when their lips are moving Thats why so many folks don't vote N'esy Pas?

 
Arlond Lynds

One thing is certain. no one involved in the Trump campaign want him to testify, they can hear the buses warming up.

David Amos

@Arlond Lynds LOL

 
Gorden Feist

Why do I feel like chanting "Lock him up, lock him up!"

David Amos

@Gorden Feist Lock him up for what?

Andrew Ernyes

@Gorden Feist
Go ahead and chant. Just not here on this forum.

Kathy Altenhofen

@David Amos Obstruction, collusion, corruption, sexual assault, non-payment of debt (love to see the orange one in debtor's prison), you name it, he's rolled in it with great enthusiasm.

Kathy Altenhofen

@Andrew Ernyes Lock him up! Lock him up! lock him up! Hope that helps...

Andrew Ernyes

@David Amos
David, the anti-Trumpists just hate him because they can use him to climb up to claim some undeserved moral high ground.

That is a convenient and dirty way the masses can feel good about themselves, by denouncing a public figure who represents goodness, honesty and hard work. It is nice for the mob to defecate on such a figure. Human beings can be really horrible.

Karen King

@Andrew Ernyes

Wrong, we hate him because he is a despicable human being and has put the entire planet in jeopardy. If you cannot see that then you are part of the problem.

Holly Cocker

@Karen King So you are against peace and de-nuking of the Korean Peninsula....

Ray Wangen

@Andrew Ernyes " a public figure who represents goodness, honesty and hard work". Have you been asleep in a cave for the last two years? How does Trump represent any of those three values? Personal attacks on public servants and private citizens coupled with infidelity equals goodness? An average of 6 publicly stated lies a day equals honesty? Watching five hours of cable news a day and spending approximately a quarter of his presidency to date golfing equals hard work? I would love for an elected official to represent the values you stated, but Donald Trump does not.

Gorden Feist

@Andrew Ernyes
You think Trump represents goodness, honesty and hard work? I'm guessing Spock has a goatee in your universe because it's actually the anti-universe.

David Amos

@Andrew Ernyes Trust that you are preaching to the choir I lived through such things but still retain my faith in mankind. Check out my Twitter account if you want a chuckle

David Amos

@Kathy Altenhofen What have you done about this other than post comment? At least I sued two governments about corruption N'esy Pas?

Kathy Altenhofen

@David Amos Snicker. How'd that work out for you?

  
Gord McPherson

Just throw the crook out of office and lock him up where he belongs.

David Amos

@Gord McPherson Just exactly what did he do to warrant your judgement?

 

David Amos

@Andrew Ernyes Methinks we are not too popular in certain circles N'esy Pas?

 

Mark Thomas

I hope that Canada never finds itself being governed my a man like Donald Trump.

Ontario beware.

Robert Paul

@Karen King

Ford? Nope.

This ghostly idea that Ford is somehow Trump in a different skin is ridiculous. What, and Wynne is Hilary Clinton?

Talk about being brainwashed by the USA!

David Amos

@Robert Paul Methinks its rather rough trying to fathom the reasoning of the Fake Left N'esy Pas?

 
Joseph Power

Trump supporters - if Trump is as innocent as you believe, why are you so against him sitting down with Mueller and telling the truth?

Steve Cowell

@Joseph Power
Because Mueller is out to get him, and Mueller is a lot smarter than he is. Mueller could trick him into admitting to anything. Deep state witch hunt!

Jonas Prince

@Steve Cowell

Among the weeds...one truth...Mueller is a lot smarter the he is!

You have a gift for understatement.

You left out that one is honest one is not...any guess?

David Amos

@Jonas Prince Methinks that if you knew what I knew and the fact that I have proven it many times you would be laughing at this circus as well N'esy Pas?

Ray Wangen

@David Amos Could you please stop with butchering the French language? I thought at first it was simply a typo, but that is the third time I've read "N'esy Pas" in one of your posts.

Lawrence Aaluuluuq (RedWhite)

@David Amos

Amazing. It's like a primitive random word generator was filled with the comments section of Trump supporters, and the people from iamverysmart.

https://www.reddit.com/r/iamverysmart/

David Amos

@Ray Wangen Nope and trust that I am tired of explaining my spelling.

David Amos

@Lawrence Aaluuluuq (RedWhite) Perhaps you should Google the following:

David Amos N'esy Pas?

  
Chris Maurier

Donnie at age 71 is just beginning to understand something his parents should of taught him at age 3.

David Amos

@ Chris Maurier Don't bet on it.

 
Andrew Hebda (NS)

Sounds fair.. No-one should be above the law. Besides, the leader of a nation should be setting the example of high "moral" ground

Neil Gregory

@Andrew Hebda (NS)

"The leader of a nation should be setting the example of high "moral" ground."

Should do, but rarely does.

Neil Gregory

@William Ben

And, our current fibber is not nearly as good at it as his predecessor was.

David Amos

@Neil Gregory Oh So True

David Amos

@Michael Murphy "It takes a real special ability to compare Clinton's few indiscretions to Trump's daily sh*t show"

You must be joking

 

Steve Whitaker

Eighteen House Republicans have nominated Donald Trump for the 2019 Nobel Propecia prize.

Brian Cohen

@Steve Whitaker
Sad isn't it

David Amos

@Brian Cohen So you say However Methinks that a lot of folks think its incredibly comical N'esy Pas?


 http://www.cbc.ca/news/politics/federal-government-intervene-transmountain-1.4647165?__vfz=profile_comment%3D10634600016214

Alvin Merlot

Oil is too strategic a resource to leave in the control of provincial governments in Alberta ans Saskatchewan. The Federal government should assume control of all oli and gas resources in Canada. Leaving an important resource like oil in the hands of Alberta and Saskatchewan is not in the National Interest.

Kathy Altenhofen

@Alvin Merlot does that apply to Newfoundland's oil as well? And what about hydro in Quebec? Isn't that too strategic a resource to leave in the control of a provincial government?

David Amos

@Kathy Altenhofen Last night you asked me a rather snide question

http://www.cbc.ca/news/world/trump-mueller-subpoena-seven-legal-experts-constitutional-law-1.4645828

"Snicker. How'd that work out for you?"

Well a Proud Maritimer is about to put this matter before the Supreme Court to see if they wish to hear a Charter argument

http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T

Kathy Altenhofen

Accounting Professional

Azita Pharmacy Care Ltd.

Chartered Professional Accountants of Canada (CPA Canada)

Trump is bracing for a subpoena from Mueller. His options sound pretty rough

What happens if Trump is subpoenaed by the special counsel? 7 legal scholars weigh in

Matt Kwong · CBC · Posted: May 03, 2018 4:00 AM ET

President Donald Trump speaks in the Oval Office of the White House on April 30. (Olivier Douliery-Pool/Getty Images)



U.S. President Donald Trump is confronting the extraordinary possibility of being compelled to testify via grand jury subpoena. And any way you slice it, his options don't look pretty, constitutional and legal scholars say.

If Trump challenges the order in the U.S. Supreme Court, he probably loses. If he agrees to testify, he risks committing perjury, resulting in impeachment. If he refuses to comply, he opens himself to political harm and embarrassment — and even jail time if he's held in contempt.

As first reported by the Washington Post, Special Counsel Robert Mueller, who is overseeing the investigation of Russian meddling in the 2016 election, floated the idea of serving Trump with a subpoena to compel him to testify back in March.

The development may have already claimed its latest casualty on Trump's legal team. On Wednesday, White House lawyer Ty Cobb quit. He will be replaced by Emmet Flood, a Republican attorney who defended former president Bill Clinton during his impeachment. That suggests Trump is girding himself for a possible impeachment scenario.

He probably should, given the legal peril that a subpoena from Mueller would put him in, experts tell CBC News.

Seven experts weighed in on what could happen if Trump is indeed subpoenaed by the special counsel. They are:

• Jonathan Turley, constitutional law professor at George Washington University
• Louis Seidman, constitutional law professor at Georgetown University
• Ryan Goodman, former special counsel to the general counsel of the U.S. Department of Defense
• ​David Sklansky, criminal law professor, Stanford Law School
• Mark Osler, law professor, University of St. Thomas
• Paul Rosenzweig, senior counsel on independent counsel Ken Starr's investigation of Bill Clinton
• Susan Bloch, constitutional law professor, Georgetown University

 

Can the president be compelled via subpoena to testify?

 

JONATHAN TURLEY: The president would be on shaky legal ground to challenge a subpoena from Mueller. The federal courts have given presidents a great deal of leeway in terms of the scope and timing of interviews. However, the courts have generally ruled against presidents who claimed a form of absolute immunity.

LOUIS SEIDMAN: It can be done. You serve a subpoena on the White House and you've subpoenaed him, but he would then resist it in court.

RYAN GOODMAN: Mueller has a greater weight of legal authority on his side. He even has a strong basis to get what he wants with a subpoena for any matters that preceded Trump's coming into office.

DAVID SKLANSKY: The reason to think a president needs to comply with a grand jury subpoena is that, first of all, we have a general principle that no person is above the law, including the president.

U.S. President Bill Clinton was impeached on perjury and obstruction of justice in 1998 in a House vote, though he was able to stay in office because a Senate trial never convicted him. (Win McNamee/Associated Press)

Is there legal precedent for this involving U.S. presidents?

 

GOODMAN: U.S. versus Nixon in 1974 required Nixon to turn over audio tapes under a subpoena from a special prosecutor. That's closely analogous, but not perfect. There was another case involving president Clinton standing trial in a civil suit with Paula Jones, who sued Clinton for alleged sexual harassment. 

MARK OSLER: Neither case is a perfect match. The one to subpoena Richard Nixon in 1974, that involved tapes. With the more recent one was with Paula Jones versus Clinton, the distinction there is it's a civil case, not a criminal case. Certainly, the language of the Nixon opinion would seem to cover the situation the court talks about, the overriding need to get evidence in a criminal case, and that overrides the president's interest in privacy.

Media reports say Robert Mueller has compiled a list of more than 40 questions to ask the president as part of his probe into Russia's election meddling. They range from Trump's motivations for firing FBI Director James Comey a year ago to contacts Trump's campaign had with Russians. (Andrew Harnik/Associated Press)

What's so risky about being compelled to testify?

 

PAUL ROSENZWEIG: The big risk, if you pull back far enough, is impeachment. And impeachment would follow from perjury, from pre-presidential crimes or post-presidential crimes.

TURLEY: Not only would the president have to overcome existing precedent — he would lose protections that he currently enjoys. I'm talking practical protections, not legal ones. Mueller is currently willing to limit questions to just four categories. And he's also willing to limit the time of the questioning. Most importantly, if he's forced into a grand jury, the president would not be able to take his full legal counsel into the grand jury with him, which is a very significant risk.

OSLER: In a grand jury, the witness goes in there and sits alone. There's no judge to moderate the discussion, there's no counsel there. And if you say something untrue in front of a grand jury, that's perjury.

• Mueller brought up possibility of forcing Trump to sit for interview, lawyer claims

• Trump blasts leak of questions Mueller aims to ask him in Russia probe

• There is 'certainly some evidence of obstruction' by Trump, Comey tells ABC News

 

What if Trump refuses to comply with a Supreme Court order?

 

SUSAN BLOCH: He'd be found in some kind of contempt. If the court ultimately ordered him to comply, and then he refuses, I think that would be impeachable. I really think so. You have to ask yourself, is that a high crime and misdemeanour? Refusing an order from the Supreme Court? And I would argue that it is.

GOODMAN: That would invite a constitutional mini-crisis. It would be a dramatic confrontation between the courts — with the prosecutors on one side, the president on the other — and he could be held in contempt of court. It would more likely result in some kind of voluntary information or the president saying he would plead the Fifth.

Why doesn't Trump just plead the Fifth?

 

OSLER: He could. But the problem is if he pleads the Fifth in front of a grand jury, the next thing that happens is the prosecutor grants the person "limited-use immunity," which means that they're guaranteed what they say won't be used directly against them, other than perjury. If they still refuse, having been granted limited use immunity, they can be held in contempt of court and locked up. There, we face the prospect of the president of the United States cooling his heels in jail — and that would certainly be unprecedented.

BLOCH: He could take the Fifth, which means "I refuse to testify on the grounds it might incriminate me," but it has political consequences. He already said, why would anyone take the Fifth unless you committed a crime? That would be quoted right back to him.

SKLANSKY: I think refusing to comply with a lawful court order, there's a very strong argument that that's an impeachable offence, and offhand I can't think of a good argument that it's not.

• Republican-led House panel clears Trump campaign in Russia probe

• Jeff Sessions offers rare rebuttal after stinging Trump criticism

 

On what grounds might Trump's team challenge a subpoena?

 

OSLER: The argument would be that the constitution directs criminal charges against the president to impeachment rather than the courts. And because of that, there really shouldn't be a subpoena to the president, if he's the target of the investigation. Because the process should go through Congress.

SEIDMAN: They would argue it violates the president's Article II powers [under the U.S. Constitution], which grant him the executive power. The court has said one aspect of that is executive privilege, which is their right to withhold certain information in certain circumstances, but not but when it's needed as evidence in a criminal trial.

BLOCH: They would try and argue along the lines of, "We don't believe you can indict a sitting president." Also, the president has a lot of responsibilities, and these things should have to wait until he's out of office.

SKLANSKY: The argument that a president can't be required to answer subpoenas because it's too much of a distraction is probably less persuasive with this president. It's not a credible claim. We've never had a president who spends this much time watching television.

BLOCH: That's the argument Clinton made in the Paula Jones case — he lost that, but I think he was right then. I think it's a strong argument. I don't think the president should have to deal with all these things while in office. 

​TURLEY: He would renew the claim of immunity, which the courts previously rejected. But there's no indication the courts would seriously consider changing the current case law in this area.

SKLANSKY: They might claim that the independent counsel is unconstitutional or has exceeded his authority. I think those are very hard claims to make. But if you're grasping at straws, that's a straw.

But isn't it true that a sitting president can't be indicted?

 

ROSENZWEIG: I think the Department of Justice policy is pretty clear that a president cannot be indicted, and Mueller is stuck with that policy. The DOJ policy is rightly or wrongly, a binding policy for Mueller, and he works for the DOJ. If your boss has rules, you follow the rules, even if they're stupid rules.

SEIDMAN: In the end, if Trump really insists on having it his way, at some point the law kind of breaks down and now you just have raw power. At that point, you have a real constitutional crisis.

BLOCH: If he were to get impeached or somehow leave office before his term has ended, remember that Vice President Mike Pence would become president. And Pence could pardon Trump. But even if he's pardoned, the pardon is only good for federal crimes such as obstruction of justice. He would still be vulnerable to any state crimes.

ROSENZWEIG: The question of indictment really turns on the answers. There is no — except for contempt — exception to the prohibition. Which is one of the reasons the Justice Department opinion is wrong, in my opinion. If the president murdered his wife today, could he not be indicted until after he left office? That just don't seem right.

Should the president drag out this process with a Supreme Court challenge?​

 

TURLEY: The matter could be expedited to the Supreme Court, which could hear the issue and rule within a matter of months, but certainly it could push it past the summer. That timing could not be worse for the president. He would be creating this confrontation at the very time the Republicans are facing the critical mid-term elections, so he would guarantee that this issue would define the mid-term elections.

U.S. Vice President Mike Pence would become president if Trump is impeached or leaves office before the end of his term. Pence would have the power to pardon Trump. (Andres Stapff/Reuters)

What about the Justice Department's role in all this?

 

GOODMAN: Under the Special Counsel regulations, the Department Attorney General, Rod Rosenstein, must be notified of any "significant development," which would include subpoena of a president. And he can overturn a decision by a Special Counsel.

• Analysis
  'Nothing compels him': Why Congress would have difficulty forcing Trump to testify

The Justice Department's Office of Legal Counsel appears to have reached a conclusion already in previous opinions that a sitting president can be subpoenaed to testify in a criminal case. The only question boils down to what specific information would be subject to that subpoena.

President Donald Trump this week announced he has hired Emmet Flood, a veteran attorney who represented Clinton during his impeachment process. (Marissa Rauch/Williams & Connolly LLP/Associated Press)

Can Congress compel Trump to testify?

That's a whole other, complicated matter. Turley told CBC's Mark Gollom that "nothing compels him to go."

The National

Trump vs. Mueller: Tensions rise ahead of looming confrontation

00:00 03:13

 

U.S. President Donald Trump's fight against the Russia probe and special counsel Robert Mueller is escalating, as tensions rise ahead of their looming confrontation. The latest move was made by Trump, who switched lawyers — his departing had counsel preached co-operation with the Russia investigation. Now all eyes are watching to see who will blink first: the president or the special counsel. 3:13

About the Author

Matt Kwong

Reporter

Matt Kwong is a Washington-based correspondent for CBC News. He previously reported for CBC News as an online journalist in New York and Toronto. You can follow him on Twitter at: @matt_kwong