Paul L. Caron
Dean




Thursday, September 22, 2016

Utah Law Prof: Impeach Trump Immediately If He Beats Clinton

Trump (2016-2)Christopher Peterson (Utah), Trump University and Presidential Impeachment:

In the final weeks of the 2016 Presidential campaign Donald J. Trump faces three lawsuits accusing him of fraud and racketeering. These ongoing cases focus on a series of wealth seminars called “Trump University” which collected over $40 million from consumers seeking to learn Trump’s real estate investing strategies. Although these consumer protection cases are civil proceedings, the underlying legal elements in several counts that plaintiffs seek to prove run parallel to the legal elements of serious crimes under both state and federal law. This essay provides a legal analysis of whether Trump’s alleged behavior would, if proven, rise to the level of impeachable offenses under the presidential impeachment clause of the United States Constitution.

This essay begins with a summary of the evidence assembled in the three pending Trump University civil lawsuits. Next, it describes the legal claims involved in each matter. Then, this essay summarizes the applicable law of presidential impeachment under the United States Constitution and analyzes whether Trump’s actions in connection with Trump University are impeachable offenses. Finally, I offer concluding thoughts, considering in particular the policy implications of a major presidential campaign with simultaneously pending legal complaints of fraud and racketeering.

Daily Caller, Law Prof: Impeach Trump IMMEDIATELY If He Beats Clinton:

A Utah law professor is calling for the prompt impeachment of Republican presidential nominee Donald Trump in the event that Trump wins the 2016 election. ...

According to Peterson, enough evidence of Trump’s serious misconduct exists for Congress to impeach Trump without delay. ...

Peterson specializes in consumer finance. From 2012 to 2016, he served as a special adviser for the United States Consumer Financial Protection Bureau. He has received a Department of Defense commendation for helping to craft legislation protecting military service members from predatory lenders. After graduating law school at the University of Utah, he clerked for Wade Brorby, an appellate judge appointed by Ronald Reagan.

https://taxprof.typepad.com/taxprof_blog/2016/09/utah-law-prof-impeach-trump-immediately-if-he-beats-clinton.html

Legal Education, Political News, Scholarship | Permalink

Comments

Regardless of the merits of any impeachment charges against Trump, to pull a stunt like that right after he gets elected sounds like an attempt to hurl the country down a whirlpool of violence and civil war. If you think our current culture wars are uncivil now, just go ahead and light that fuse!

Posted by: ruralcounsel | Sep 23, 2016 4:40:25 AM

Donald Trump is a symptom of a the disease that will end the republic.

Hillary Clinton may be a corrupt politician, but Mr. Trump is the demagogue the founders designed the system to protect against. Those checks, for a variety of reasons, good and ill, have eroded.

I wonder what it will be like when the republic falls. I hope I don't live to see it. I fear I will.

Posted by: terry malloy | Sep 22, 2016 2:59:19 PM

Considering the political party currently in charge of the Executive Branch, along with it's many unpaid advocates in the media, have declared Mr. Trump a Hitlerian fascist who will start World War 3, completely destroy the U.S. economy, and commit mass ethnic cleansing, suggesting that he be impeached for retroactive reasons seems pretty low on the desperation totem pole.

It bears mentioning that the political party currently in charge of the Executive Branch, and desperate to stay in power, should be credited with continuing Bush-era foreign policies and creating or getting involved in new regional conflicts abroad, instituting mass domestic surveillance and other restrictions on the 1st, 4th, and 5th amendments, targeting reporters and non-profit groups through the DOJ and IRS, as well as delivering average real GDP growth of 1.46% per year since 2009.

Regarding impeachment, interesting that the professor declares it a slam dunk issue, totally dismissing George Mason's reasoning, that "high crimes and misdemeanors" pertained to officials abusing their government position, which Mr. Trump has never held. Interesting also that there's no mention of Secretary Clinton being held to the professor's same standard, since she has held government positions in the past.

But forget impeachment, it's not necessary in her case, considering she stored thousands of work-related emails, some of which contained Confidential, Top Secret, and Special Access Program level classified information, on an unauthorized, unsecure, private server, the act of which enabled espionage of U.S. National Security by foreign powers, all according to the FBI Director, and then lyed about it to Congress and the public at least two dozen times, and then lied about lying about it, over the course of an entire Presidential campaign.

Had the letter of the law been enforced she'd have been held accountable for violating 18 U.S. Code § 1924 and 18 U.S. Code § 2071, the penalties of which include fines, prison time, and literally "forfeiture and disqualifiaction from holding any office under the United States."

Posted by: MM | Sep 22, 2016 1:50:35 PM

Maybe the DOJ can charge Trump with mail and wire fraud first ...

Posted by: TuringTest | Sep 22, 2016 1:50:01 PM

If the evidence is there to prosecute him for crimes under federal or state law, he should be prosecuted now like any ordinary citizen should. Why wait and see if he wins the election?

Posted by: BuddyHo | Sep 22, 2016 1:40:01 PM

The same could be said of Clinton. Both use their foundations as personal slush funds.

Posted by: Cheyanna Jaffke | Sep 22, 2016 11:38:08 AM

Isn't it a bit early to reveal the plan of the GOP's inner circle?

Posted by: William Kellogg | Sep 22, 2016 6:42:37 AM

This is a pipe dream. If Trump wins, there'll be big republican majorities in both houses. Where would the people meekly endorsing him now suddenly find the vertebrae?

Posted by: Taxman | Sep 22, 2016 4:56:06 AM

They're really getting nervous aren't they?

Posted by: mike livingston | Sep 22, 2016 3:56:52 AM