99% Invisible presents What Trump Can Teach Us About Con Law

Accountability

The constitutional limits on holding a president accountable are complex and often debated. Elizabeth Joh discusses the implications of President Trump's actions, such as firing FBI Director James Comey, and whether these actions could constitute obstruction of justice 1. She highlights the argument made by Trump's lawyer that a president cannot obstruct justice, a notion that challenges democratic principles 1.

It's that kind of thinking that led to Charles I losing his head in 1649.

--- Elizabeth Joh

The discussion also touches on the 1973 memo from the Office of Legal Counsel, which suggests the possibility of indicting a president but warns of the political instability it could cause 2.

   

Obstruction

Obstruction of justice in the context of presidential actions raises significant constitutional questions. Elizabeth Joh explains that while vice presidents have faced criminal charges, the prosecution of a sitting president remains uncertain 3. She distinguishes between impeachment and criminal prosecution, noting that impeachment leads to removal from office without further legal consequences 3.

Impeachment is different because of the outcome of a Senate conviction. The person is removed from office. That's it. No other consequences.

--- Elizabeth Joh

The historical context of figures like Aaron Burr and Spiro Agnew illustrates the complexities of legal challenges faced by those in high office 4.