While litigation is common for businessmen and real estate magnates in federal and state courtrooms, President Donald Trump has utilized court time to excess in his over 3,500 various lawsuits for actions that include: civil; criminal; tax; employment; and bankruptcy court motions for defamation actions, business contract disputes, breaches of employment law, sexual harassment allegations, tax disputes, and bankruptcy claims; all illustrating his confidence to fight legal affairs in the public eye.
Past legal problems.
Defense strategies are plentiful. Client drives the action. Choice of public or private view. Jury or no jury.
Many of the President’s past cases could have been, and were probably settled without a jury. Business entities often use arbitration and mediation to resolve disputes outside of the courtroom and many commercial contracts compel parties to settle in this manner because: 1) it is cheaper than traditional litigation, 2) there is more control over how and where a dispute can be resolved, 3) companies can choose lead decision makers, and 4) the actions are more private, shielding the legal activities from public scrutiny which might possibly damage a company’s reputation. President Donald Trump, as a party to so many actions, has not shielded himself from public scrutiny and does not seem to mind the negative impacts to his public reputation. In arbitration and mediation matters, legal counsel is directed by the client with the support of legal doctrine and focused supporting case law depending on case venue.
Current legal problems.
Limited defense strategies. Lawyers drive the action. Every move in public view. Jury.
In this current legal action, President Donald Trump and his team of legal professionals are planning out a strategy to debunk the claims that he has done things that are in direct violation of United States Constitutional Laws supporting the actions of a President in Office. With regard to the impeachment process, and Constitutional Law as its guide, the outcomes should be based on what the law is and not a belief system of what it should be. The belief that President Trump is guilty of “high crimes and misdemeanors” is at the heart of the impeachment legal action, based on a phone call to the Ukraine government on July 25, 2019, wherein he is said to broker a deal to release $400 million in approved military aid in return for investigations into rival democrats, including Joe Biden.
If there is truth to this claim, the Constitution’s threshold of “bribery or other high crimes and misdemeanors” has been reached and the Senate will act as the jury to analyze the facts presented to them. The Senate would then debate the matter, and vote, each individual Senator voting whether to convict the President and remove him from office, or against conviction. If more than two-thirds of the Senators present vote to convict, the President would be removed from office. The impeachment standard in this case will be based on “treason, bribery or other high crimes and misdemeanors.”
U.S. Constitution sole legal support.
Both the Senate and the President’s team of legal professionals have their work cut out for them, as this is the first attempt to support an action of impeachment and removal from office without relevant supporting case law. In this type of legal action, even though the President is the client, he should defer to the actions of his legal team instead of directing those activities. Since a sitting president has not been removed from office, there is no significant case law to reference or build a case upon. The outcome of this case will be based on upholding the Constitution of the United States and proving that the President’s actions were in breach of outlined duties for the Commander and Chief in Office.