Team Trump’s Above-the-Law Legal Arguments | The Daily Show


One of the president’s
top selling points during the campaign was that,
as a man of the people, he was gonna make sure
that the elites would be treated exactly like everybody else.
That’s what Trump said. Especially when it came
to the law. No one will be above the law
in a Trump administration. We will have one set of rules
for everyone. In Hillary Clinton’s world, we have one set of rules
for her, and another set of rules
for everybody else. I will never lie to you. I will never put
any other interests before you. And I will never,
ever stop fighting for you. (applause and cheering) That was so romantic. It felt like he was about
to start singing “I Swear.” “By the moon and the stars…
in the sky.” But that’s one of the things that Trump supporters loved
about him. Unlike Crooked Hillary
and black Barack Obama, Trump did not think
that anyone was above the law, including himself, right?
That’s what he said. But in the past few months, Mueller’s investigation
has started closing in on Trump like a Fortnite storm.
And because of that, Trump and his team
have started updating his presidency’s
terms and conditions. A memo
from President Trump’s lawyers to special counsel
Robert Mueller says flat-out that a president
cannot obstruct justice because he has authority
over all federal investigations. What they argue in this memo is that the president
of the United States, because he’s the chief
law enforcement officer, can terminate
any federal investigation at any time for any reason. Yeah, you heard right. Trump’s lawyers are arguing
that, as president, Trump has the power
to kill all investigations into himself for any reason. Essentially, that the president
is above the law, which makes sense. I mean we all remember
when the Founders were like, “You know what America needs?
A king.” Yeah. That’s… That is what they said, right?
I couldn’t concentrate ’cause of all their rapping.
It threw me off. So, uh, anyway, according
to Donald Trump’s legal team, the president, by definition,
cannot obstruct justice. But even if it ever turned out
that he did obstruct justice, they also say that the president
can’t be charged with a crime. WOMAN: Mr. Trump’s attorney
Rudy Giuliani telling the Huffington Post, it’s impossible
to indict a sitting president, no matter the offense,
claiming, “If he shot James Comey,
he’d be impeached the next day. “Impeach him,
and then you can do whatever you want
to do to him.” Okay, okay. So the president
can’t be criminally charged, he can only be impeached
by Congress. Now, I understand that
as a legal argument, but I do think
it’s a little weird that out of all the examples
they could have picked, they went with murdering
James Comey. It almost makes me feel like they’ve been thinking
about this. Yeah, I’m just saying,
James Comey, if you get invited to a party
and Trump starts dancing, you should run,
that’s what you should do. Run. All right, but let’s…
let’s make sure we’re on the same page here. So, Trump’s legal team says the president
can’t obstruct justice, but even if he
did obstruct justice, he can’t be indicted, and even
if somehow he is indicted, they’ve got a plan
for that, too. NEWSWOMAN: Mr. Trump’s lawyers,
at the time, argued the president
cannot be subpoenaed or forced
to testify under oath. The idea is you can’t, um,
you can’t interfere with him, uh, either from…
in point of view of indictment or-or questioning–
you can’t interfere with the president’s, uh, time,
his effort, his concentration. This isn’t just theoretical.
He’s not sitting up there, you know, uh,
playing tiddlywinks. He’s involved in four or five unbelievably historic
negotiations right now. Uh, I’m sorry, wait, wha…? Trump is too busy to testify? Get the (bleep)
out of here, man. No, no, no, no.
You might be able to make that case
for other presidents, but Trump? The dude has spent 600 days
of his 500 days playing golf. Are you serious?
His desk is so empty, it looks like
no one’s invented paper yet. He’s fake-driven
two trucks. Two! That man is busy? The man live-tweets
Fox News’s Jesse Watters. And look, I can understand
live-tweeting Hannity. Okay, fine. But if you have time
to live-tweet Jesse Watters, you have time to testify, okay? Like, Trump has so much time, he could help me move,
if I was moving. He could. Yeah. He has so much time, he could
pick me up at the airport. And not just, like, swing by–
he could park and meet me at arrivals. That’s how much time he has. Don’t tell me
he doesn’t have time. -He has the time.
-(cheering, applause, whistling) But you…
you’ve got to appreciate how far Trump has come
from the campaign. From “No one is above the law” to “I don’t have time to testify
’cause I got that thing that I’m doing.” And we haven’t even reached
the best part yet. Because it turns out even if Trump could be charged
with obstruction and got indicted
and somehow found the time in his calendar to testify,
according to Trump, he’s got a cheat code. NEWSWOMAN: President Trump
weighing in this morning on the debate, tweeting… “Yeah, why
would I do that? Why?” Trump’s claiming the right
to let himself off the hook for any crime at any time. Yeah. Something tells me
that Trump wants the same rules for everyone except himself. Which, even if
it’s right legally, doesn’t sound like a democracy
to me, right? I mean, a president shouldn’t
be able to pardon themselves. It’s like sneezing and then
saying “bless you” to yourself. It’s not right. You can do it,
but it’s not right. Yeah. You wait for someone else
to say it or you die. That’s how it works. And I know at this moment
Trump is gonna say, “Oh, no, no, “I’m not pardoning myself,
but, you know, that’s not my plan,
I’m just putting it out there,” but that’s not Trump works–
come on, we all know. I know that as soon
as someone brings up prison and Trump realizes that he’s
gonna have to spend his days reading and working out,
he’s gonna be like, “Pardon. I’m using my pardon, folks.
I’m using it all.”

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