Tuesday, August 07, 2018

No Man Can Be His Own Prosecutor

The idea that a President can stop his own prosecution is as absurd as the idea that he should be his own judge.
Time Out!
 "No Man May Be His Own Judge" is an elementary maxim of the Common Law, and the foundation of the idea that no president can pardon himself. It logically follows that "No Man May Be His Own Prosecutor". This is a concept so basic that no maxim has ever been thought necessary. But we live in unusual times.
 The servants of a sitting president are now floating the idea that He is immune to prosecution because the "Executive Power" includes the power to fire prosecutors.
This is nonsense.
The "Executive Power" includes a great many things that are ok in the abstract but forbidden in particular. For example, the President may order the FBI to investigate many things, but he cannot order the FBI to arrest his political enemies. Likewise, the President may fire a prosecutor but he may not fire a prosecutor to stop a prosecution of himself.
Some people may prefer that a president not be prosecuted because some people are naturally servile. The dog is a noble creature, but no model for human behavior. The Founders did not write a Constitution to restore the Monarchy.

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