Not Even the President is Above the Law

Jonathan Crowe

Research output: Contribution to journalOnline ResourceProfessional

Abstract

[Extract]
Last week, Donald Trump’s lawyers argued in Federal Court that the President is above the law. It is worth pausing to note just how extraordinary this is. Everyone, regardless of their political stripe, should be troubled by it.
The argument was not merely that the President enjoys immunity in an official capacity, but that everything he does is beyond scrutiny. When asked whether the President would be immune if he murdered someone on the street, his lawyer said, ‘That is correct.’
This argument flies in the face of the most basic constitutional value in liberal democracies — the rule of law. The rule of law, simply put, means that we are ultimately ruled by laws, not people. Nobody, no matter how powerful, is above the law.
Original languageEnglish
JournalMedium
Publication statusPublished - 3 Nov 2019

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