Republican presidential candidate former President Donald Trump speaks at a campaign rally in Chesapeake, Va., Friday, June 28, 2024. FILE - Republican presidential candidate former President Donald Trump speaks during a presidential debate with President Joe Biden, June 27, 2024, in Atlanta.
“This is a full-throated endorsement of the unitary executive theory” in a dramatic way, said Cornell University law professor Michael Dorf, referring to the theory that the U.S. Constitution vests extraordinary power in the presidency. Though the opinion doesn’t make new law about the interplay between the White House and the Justice Department, Roberts affirmed that a president has “exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials” and may also “discuss potential investigations and prosecutions with his Attorney General and other Justice Department officials to carry out his constitutional duty to ‘take Care that the Laws be faithfully executed.
“Wouldn’t it be terrible to throw the president’s wife and the former secretary of state, think of it, the former secretary of state, but the president’s wife, into jail? Wouldn’t that be a terrible thing? But they want to do it,” Trump said in an interview on Newsmax. “It’s a terrible, terrible path that they’re leading us to. And it’s very possible that it’s going to have to happen to them.”
Trump urged his FBI director, James Comey, to an investigation into a close ally and fired him weeks later, berated his hand-picked attorney general, Jeff Sessions, for having recused himself from the Russia investigation and also sought the termination of Mueller. The threat of impeachment by Congress remains — Trump was impeached over a call with Ukraine’s leader and Jan. 6, but acquitted by the Senate — as do the practices, protocols and norms that govern Washington bureaucracy.
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