THE PRESIDENT IS NOT ABOVE THE LAW:
CONSTITUTIONAL PRINCIPLES SUPPORTING INDEPENDENT LAW ENFORCEMENT
It is unconstitutional for the President to intervene in a specific DOJ
investigation for self-interested or corrupt purposes.
While the President heads the Executive Branch, his actions are constrained by the
Constitution and the laws passed by Congress. The President’s claims that he can do
whatever he wants with the Justice Department are incorrect. It is unlawful for the
President to wield his power to influence the Russia investigation for corrupt or
self-interested purposes.
The Take Care Clause places concrete limitations on ​White House
involvement in specific-party enforcement matters.
Article II of the Constitution requires the President to “​take Care that the Laws be
faithfully executed​.” The President must act faithfully, in keeping with his Oath of
Office, to “preserve, protect, and defend the Constitution” to the best of his ability. He
may not act for corrupt or self-interested reasons. And he must enforce the laws
Congress has enacted, not subvert those laws. While he may shape general enforcement
priorities, he may not prevent the enforcement of the laws that Congress has enacted
against himself or his allies.
The Bill of Rights enshrines additional constitutional principles that
constrain the President’s interactions with the Justice Department.
The First Amendment prohibits the White House from intervening in a specific-party
matter in order to respond to political participation or discourage First Amendment
protected activity. The Fifth Amendment requires the government to follow fair and
neutral procedures, and precludes the White House from intervening in specific-party
matters to direct prosecution of disfavored persons or groups or non-enforcement of the
law against favored ones.
Presidential interference in the Russia investigation — whether through
firing those running it, offering pardons to those involved in it, or other
means — is obstruction of justice.
The President’s office cannot absolve him of the consequences of his obstructing or
otherwise interfering with law enforcement matters — whether in court or in
congressional impeachment proceedings. The ​Constitution limits the President’s ability
to intervene in law enforcement matters involving specific parties — especially for
self-interested reasons — and provides no defense for unlawful Presidential obstruction
into the Russia investigation.