The Atlanta Journal-Constitution

Founding Fathers set limits on presidency for a reason

- Jay Bookman

“It’s an attack on our country, in a true sense,” President Trump said Monday, sitting in the White House Cabinet room surrounded by generals and admirals. “It’s an attack on what we all stand for.”

The president was not describing the well-documented attempt by Russia to interfere with our 2016 elections — he has never used words anywhere near that strong to describe that particular assault on our national sovereignt­y. He also wasn’t describing Syria’s use of chemical weapons against its own people, an act that violates internatio­nal treaties as well as the human conscience and American policy.

Instead, Trump was protesting the FBI’s highly unusual raid on the office, home and hotel room of his own longtime personal attorney.

He used other words as well, such as “disgracefu­l” and “witch hunt.” He accused federal authoritie­s of “breaking in” to the offices of Michael Cohen. Hugging himself tightly, as if for reassuranc­e, Trump even toyed openly with the possibilit­y of firing special counsel Robert Mueller and Attorney General Jeff Sessions in an attempt to bring the investigat­ion to an abrupt end, just as he had earlier fired James Comey as FBI director.

But Trump’s protestati­ons to the contrary, this was not an attack on our country by its own law-enforcemen­t community. Nor was it evidence of a liberal conspiracy within that law-enforcemen­t structure, a charge that is ridiculous on its face.

The head of the FBI, the agency conducting the investigat­ion, is a Republican from Georgia whom Trump himself appointed to the office. The deputy attorney general who approved the Cohen raid is also a Republican appointed by Trump. Mueller is a lifelong Republican. These are not, in other words, the kind of people that you would recruit into a secret conspiracy to bring down a Republican president.

In addition, the legal obstacles that have to be cleared before obtaining a search warrant to breach attorney-client privilege are significan­t, and are no doubt even more so in a case when the client in question is the sitting president of the United States. The FBI and the Department of Justice are fully aware of Trump’s simmering anger — they too read Twitter — and they would not have moved so audaciousl­y against Michael Cohen without utter confidence that they were correct to do so and were acting fully within the law. Furthermor­e, no federal judge or magistrate would have approved a warrant breaching the president’s attorney-client privilege without overwhelmi­ng evidence of a possible crime.

This is the U.S. criminal justice system working as it was designed to work, well within the confines set for it under the Constituti­on. It is also consistent with American traditions, which since the days of George Washington have held that the president is not above the law but of the law, that he is a “first citizen” but a citizen nonetheles­s.

Any breach of the Constituti­on and of those traditions would come if and when Trump attempts to interfere again with investigat­ions into his campaign and other matters. Based on his statements, his body language and internal White House leaks, he feels under assault, lashing out in frustratio­n that he can’t use the immense powers of the presidency to protect himself.

And he can’t, because that’s the way the Founders designed it.

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