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Much ink has been spilled about whether President Trump committed a criminal and impeachable offense by obstructing justice. That question deserves extensive debate, but another critical question — the ultimate question, really — is not whether he committed a crime, but whether he is even fit for office in the first place. And that question — the heart of an impeachment inquiry — turns upon whether the president abuses his power and demonstrates an unfitness to serve under the defining principles of our Constitution.
On Tuesday, Trump gave us direct evidence of his contempt toward the most foundational precept of our democracy — that no person, not even the president, is above the law. He filed a brief in the nation’s second-most-important court that takes the position that Congress cannot investigate the president, except possibly in impeachment proceedings. It’s a spectacularly anti-constitutional brief, and anyone who harbors such attitudes toward our Constitution’s architecture is not fit for office. Trump’s brief is nothing if not an invitation to commencing impeachment proceedings that, for reasons set out in the Mueller report, should have already commenced.
The case involves a House committee’s efforts to follow up on the https://www.washingtonpost.com/world/national-security/michael-cohen-testimony/2019/02/27/089664f0-39fb-11e9-a2cd-307b06d0257b_story.html?utm_term=.9e7585e77336 (testimony) of Trump’s now-incarcerated former attorney, Michael Cohen, that Trump had allegedly committed financial and tax fraud, and allegedly paid off paramours in violation of campaign finance laws. The House Committee on Oversight and Reformhttps://www.washingtonpost.com/politics/house-democrats-to-subpoena-accounting-firm-for-trumps-financial-records/2019/04/12/c1213550-5d5e-11e9-b8e3-b03311fbbbfe_story.html?utm_term=.4f0f7d7b0dad (subpoenaed) Trump’s accountants in mid-April for relevant documents, and Trump tried to block the move, only to be sternly rebuked in mid-May by a federal judge in Washington.
The appeals brief filed Monday by Trump attacks that decision. But to describe Trump’s brief is to refute it. He argues that Congress is “trying to prove that the President broke the law” and that that’s something Congress can’t do, because it’s “an exercise of law enforcement authority that the Constitution reserves to the executive branch.”
But in fact, Congress investigates lawbreaking, and potential lawbreaking, all the time. ...