The outspoken anti-Trump husband of White House counselor to the president Kellyanne Conway argues in a new opinion piece that an impeachment probe of President Donald Trump is due.
George Conway and law professor Neal Katyal wrote for The Washington Post that a legal brief filed by Trump’s team this week invited Congress to launch an impeachment investigation against him.
“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,” they wrote. “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.”
Conway and Katyal, the latter who served as acting solicitor general from 2010-2011, then made their case that one of the jobs of Congress is to investigate whether laws are broken, no matter who is involved.
“To say Congress can’t look into matters that might involve crimes — would in many cases gut Congress’s ability to gain information it needs to legislate,” they wrote. “And perversely, in Trump’s case, it makes a virtue of the fact that he has been accused of committing crimes.”
No evidence was found to show Trump conspired with the Russians to win the 2016 presidential election. In regard to whether he obstructed justice during the nearly two-year Russia investigation, special counsel Robert Mueller did not come to a decision. It took Attorney General William Barr to say there was insufficient evidence to pursue a case.
Conway and Katyal noted the Founding Fathers built checks and balances into the Constitution so presidents and other elected officials could be investigated if needed.
“Trump says ‘trust me,’ but that was exactly the argument the founders rebelled against. They knew that public officials would not always be angels, and that power had to be checked and dispersed,” they wrote.
“For the past three decades, many constitutional law classes have begun with Nixon’s breathtaking statement to David Frost in May 1977: ‘Well, when the president does it, that means that it is not illegal.’ Generations of students have gasped, shocked that a former president could say such a thing.
“This time, it’s not a former president but a sitting one. Every principle behind the rule of law requires the commencement of a process now to make this president a former one.”