Former President Richard Nixon made the argument above in an interview with David Frost. He tried to elaborate by saying that a president has to balance concerns of national security with the law, but honestly, all he did was repeat himself.
Former House Speaker Newt Gingrich has gone even further, using the specious claim that we’ve never had a president like Donald Trump before to argue that Trump should simply pardon advisers (including his kids) who do wrong and, further, that Congress should change conflict-of-interest laws to benefit him:
Former House Speaker Newt Gingrich suggested that Donald Trump could pardon members of his administration who break the law.
Referring to a law that could prevent Trump from hiring his daughter and son-in-law to serve in his administration, Gingrich said on “The Diane Rehm Show” Monday morning: “In the case of the president, he has a broad ability to organize the White House the way he wants to. He also has, frankly, the power of the pardon.”
“It is a totally open power, and he could simply say, ‘Look, I want them to be my advisers. I pardon them if anyone finds them to have behaved against the rules. Period.’ Technically, under the Constitution, he has that level of authority,” he said, according to Politico.
Gingrich also suggested that Congress change ethics laws so Trump can avoid any conflicts of interest that his global business empire may pose.
“We’ve never seen this kind of wealth in the White House, and so traditional rules don’t work,” he said.
What’s the technical term for this? Oh, yeah, horseshit.
“We’ve never seen this kind of wealth in the White House”?? Objection, Your Honor; assumes facts not in evidence.
For starters, we don’t know that Trump is all that wealthy. Indeed, as Josh Marshall has said, there are some very good reasons to think he’s not a billionaire at all.
Moreover, even if he is as wealthy as he says, there is no obviously good reason to change ethics laws on his behalf, and plenty of good reasons — indeed, reasons in the national interest, such as keeping the President of the United States free from any potential pressure from foreign debt holders — not to change them.
Moreover, changing an ethics statute wouldn’t change the Emoluments Clause of the Constitution, which basically forbids the president from receiving anything of value (or certain things of intangible value, such as appointments to the nobility) from foreign countries. The Framers had very good reason for inserting that provision; they had seen how nobles in Europe sometimes enriched themselves in endeavors and arrangements of questionable, or less, benefit to their own countries. They wanted the president to be both able and obliged to act in the national interest, not his own.
Gingrich, having been a history professor (as he loudly and frequently reminds us), knows all this, and yet he doesn’t even pretend to offer any kind of factual or logical basis for his notion that because Trump is supposedly so rich, he should get a pass on ethics requirements that were imposed post-Watergate for very good reasons.
That’s bad enough. What’s markedly worse is his insistence that Trump should simply allow his advisers, including his children, to do as they like and then pardon them if they run afoul of ethics laws. That, folks, is how we transition from a republic under the rule of law to a dictatorship, because history is (ahem) replete with examples of folks who got get-out-of-jail-free cards and then went on to live selfless lives of duty and sacrifice for the greater good.
Gingrich’s notion is, quite simply, appalling to anyone who believes in the rule of law. Moreover, it clearly sets Gingrich apart as someone who does not, which is pretty fucking funny coming from the guy who impeached Bill Clinton. Gingrich’s new role in the Trump administration appears to be as a cheerleader for kleptocracy. The guy who used to brag about his patriotism has become the cheerleader for its destruction and the destruction of the rule of law in this country.