It’s a problem of When it hasn’t been your day or week or month or even your year shirt. Donald Trump the President has a duty to enforce federal law against Donald Trump the man. But Donald Trump the man isn’t alleged to have committed a federal crime. The office of President has a legitimate right and need to operate unobstructed by the many legal problems of Donald Trump the man. But the check against those problems being brought into office is the election, and since it clearly didn’t stop the people from voting for him anyway…what basis do the courts have to say otherwise?
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So in a conflict between the need of a state to redress a grievance against a man and When it hasn’t been your day or week or month or even your year shirt…the needs of the office win. So he arguably isn’t doing anything wrong at all, because the voters clearly knew about all of this in 2016. And then there’s the issue of, what law has he broken? A LOT of the problems of the Trump Presidency arise from the fact that many of the checks on the President are unwritten and based on a gentleman’s code of conduct/tradition, and Trump is willing to just ignore those. It’s classless and concerning to not release his returns, but not illegal. It’s crude and unPresidential to attack people by Tweet, but not illegal. Even when it IS illegal, such as violating the Hatch Act to hawk his son’s book from the Oval Office, the harm of the violation pales beside the bigger harm created by a President who is willing to just ignore the law because he can. Who would prosecute him for the violation? Who would enforce a guilty verdict?