President Donald J. Trump has emphatically and repeatedly asserted that is presidency is “the most transparent presidency in American History”. Apparently this assertion is based primarily upon his persistent “twittering” on social media wherein he seeks to overwhelm the nation with his views on the “swamp” or “deep state” that he perceives as an existential threat to his power as Presidency.
His alleged “transparency” apparently derives from his tweeting. No effort to validate the truthfulness of his tweets is ever asserted by President Trump. He assumes that his tweets are truthful and valid and part of official White House Policy.
President Trump regularly asserts that anyone or everyone in disagreement with him; anyone and everyone who criticizes him; and anyone and everyone who dares to challenge his authority are part of the “deep state” and “never trumpers” that seeks to oust him as POTUS. For President Trump disagreement with him or his policies is tantamount to “treason”.
According to President Trump, only those public servants that wholeheartedly and completely agree with him and totally support him in every action; political position and/or assertion from him and remain completely loyal to him as opposed to the US Constitution and the American Republic are deemed to be trustworthy and reliable public servants.
In order to serve President Trump sycophancy is a prerequisite.
Again, President Trump asserts that his presidency is “the most transparent presidency in US History” [everything associated with Trump is deemed by him to be superlative; exceptional and extraordinary, above reproach and/or beyond criticism].
President Trump claims he is “hiding nothing” from the American people; has hid nothing from the American people and will hide nothing from the American people. Of course, this assertion from President Trump is highly subjective in nature and based upon his unique interpretation of what constitutes “transparency”.
President Trump’s refusal to provide his tax returns to the American people, as every other modern POTUS since Richard M. Nixon has done, is not deemed by President Trump as “hiding something from the American people”. Nor are all of the efforts to thwart congressional oversight by obtaining those tax returns in federal court deemed to be efforts by President Trump to “hide information” from the American people.
In law, the word “shall” is a legal term. It has a specific legal meaning. It means “must”. It is not arbitrary or subjective. It is not conditional and/or open to interpretation. In other words, when the law specifies “shall” it is an absolute requirement.
Regarding Presidential tax returns, the law states that the POTUS “shall” provide those returns when requested by the Congressional House Ways and Means Committee for purposes of oversight and review. Compliance by the POTUS with such a request is mandatory under the law. There is no constitutional provision that allows for non-compliance by a sitting POTUS for such a request.
The most troubling aspect of the Trump Presidency is his assertion concerning his claim of “absolute executive privilege”. Trump claims he has the constitutional authority to absolutely refuse to provide any information to any entity seeking oversight of the Executive Branch including but not limited to the federal courts; the US Congress or anyone else authorized by the US Constitution under the Rule of Law to effectuate oversight of his presidency.
The word “absolute” is not incidental or accidental. It is a deliberate assertion by President Trump with the direct purpose of establishing his “imperial presidency”; a presidency that effectively puts Trump “above the Rule of Law” [the foundational principle upon which our constitutional republic is based].
Under this “alternative and innovative constitutional interpretation”, the US President [more particularly Trump] asserts “absolute executive privilege” that allows him to refuse to submit to congressional oversight; Federal Judicial review during legally valid and authorized oversight endeavors such as an Impeachment Inquiry authorized by the US Constitution.
President Trump has taken his assertion to the point of absurdity; arguing in federal courts through his attorneys that while he is President the Federal Courts and the US Congress; State and Federal law enforcement officials investigating crimes that involve President Trump are invalid and that he cannot even be investigated by any entity while he serves as POTUS let alone be indicted and/or prosecuted for such crimes. White House Lawyers have literally argued this position in Federal Courts to prevent congressional oversight of the executive branch.
This assertion appears to be based upon the somewhat nebulous assertion in a document from the Office of Legal Counsel [OLC] within the US Justice Department; a memo, that asserts a “sitting POTUS cannot be indicted for crimes while actively serving as POTUS.”
Of course, it must be pointed out, that the OLC “memo” is merely an opinion expressed by legal entities within the US Justice Department without any legal authority established by law or by a decision of the US Supreme Court and/or any other Federal Court.
The assertion made in the OLC memo has never been challenged or tested in US Federal Courts and therefore is not legally valid. It is an opinion. Nothing more and nothing less.
If deemed valid, the OLC “opinion” effectively places the POTUS “above the law” and such an assertion runs completely contrary to the US Constitution and the Rule of Law upon which our Constitutional Republic is based.
According to the concept of the “Rule of Law”, everyone in our Constitutional Republic, including the President of the United States, is subject to the law and due process of law. In our Constitutional Republic no one is above the law, most particularly the President of the United States.
Such an assertion by President Trump that he is effectively “above the law” and therefore an Imperial President, is absurd on its face.
Claims of “absolute executive privilege” and “absolute executive immunity” can be found nowhere in the US Constitution. Such assertions simple do not exist. It exists only in the deranged and delusional imagination of President Trump and the sycophantic people who submit to his imperial will.
If President Trump is deemed to be “above the law”, we are now living in a dictatorship wherein we must submit to his “imperial presidency”.
Such an imperial presidency is in keeping with totalitarian, fascist states such as China; Russia;Syria; Iran or Saudia Arabia and other third world dictatorships.
No such claim of “absolute power” has ever been asserted before in the history of the United States of America.
No other President has ever asserted such a claim of absolute immunity; privilege or power.
No other President has ever endeavored to thwart the oversight powers of the other two co-equal branches of government; the legislative and judicial branches, by such an assertion of absolute immunity; privilege and/or power because it does not exist in the US Constitution.
Even President Nixon submitted to Congressional oversight during the Watergate Impeachment Hearings after federal courts ruled he has subject to such congressional oversight authority for investigative purposes.
Thus President Trump seeks to become an Imperial President transforming our Constitutional Republic into a dictatorship in which he and he alone has absolute power and is unaccountable for his actions.
Unfortunately, there are those who currently serve in the Executive Branch as agents of President Trump who also ascribe to the concept of an “imperial presidency”. One such person is William G.Barr, Attorney General for the US Justice Department of Justice. As the Chief law enforcement officer for the Unites States of America, AG Barr is responsible for the enforcement of federal law in our Constitutional Republic.
AG Barr has demonstrated his sycophancy to President Trump and his willingness to “interpret” federal law in accordance with President Trump’s assertion of “Imperial Presidential Power”.
As Americans, living in a Constitutional Republic informed by the principle of the Rule of Law as the foundational basis for our democratic society wherein “due process of law” is equally applied to every citizen regardless of wealth; political power and/or social position, we are on the precipice of devolution into a full fledged fascist state if President Trump’s assertions of “Imperial Power” are implemented.
“We, the people” will no longer live in a Constitutional Republic based upon foundational democratic principles that were established for centuries.
The question is will we allow this to happen? Will we submit to the whims and will of President Trump and allow him to implement his desire to become an “Imperial President” in a fully functional fascist state?
Only time will tell!
Unfortunately, time may not be on our side in this matter. President Trump seeks to manipulate and abuse the power of the presidency to thwart any and all legal oversight of him. He does not believe in democracy and his disdain for the other co-equal branches of government is manifestly obvious as he asserts his “absolute innocence” while simultaneously refusing to allow executive branch personnel to testify and/or provide documents to the US House Impeachment Inquiry.
If as President Trump asserts, he is the “most transparent President in US History”, let him demonstrate that transparency by ordering his cabinet and all other personnel in the Executive Branch to testify in the Impeachment Hearing and to provide all documents in their possession that relate to their actions and behavior concerning the Impeachment Inquiry.
President Trump is not an “Imperial President” and he must not be deemed impervious to the Rule of Law in our Constitutional Republic or our Constitutional Republic will die an ignominious death.