Sorry
Trump, Say Experts, You Can't Just 'Head to the Supreme Court' If Impeached
"So
much wrong with this president and with the election of a man who is ignorant
about the Constitution."
President
Donald Trump on Wednesday announced via Twitter that he plans to challenge any
attempt at impeachment in the Supreme Court—a legal strategy that has no basis
in reality, as experts pointed out.
The
president, fresh off a face-to-face meeting with Twitter CEO Jack Dorsey in
which Trump complained about his follower count on the website, spent Wednesday
morning using the social media service to rant about the possibility of
congressional action against his presidency.
"If
the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme
Court," tweeted Trump.
The
president then pivoted to attacking his opponent in the 2016 election—which
concluded over two-and-a-half years ago—Hillary Clinton.
Trump
may want to use the U.S. Supreme Court to push back on attempts to impeach him
for high crimes and misdemeanors, likely because of the possible obstruction
charges laid out in the Mueller report, but that's not how any of this
works.
Congress has the sole power to remove the president from office. The House brings impeachment charges and, if successful in the lower chamber, the Senate acts as a jury. The courts are not a part of the process.
A
number of commentators made that point Wednesday morning and bemoaned the
president's lack of understanding in the system that he's in charge of.
"Impeachment
is a question of 'high crimes and misdemeanors'—that is, of violations of the
public trust," said Atlantic editor Yoni Applebaum in a
lengthy Twitter thread detailing the impeachment process. "And that's
a matter for Congress; Donald Trump cannot save himself by appealing to the
Supreme Court."
"So
much wrong with this president and with the election of a man who is ignorant
about the Constitution," said Joyce Vance, a former U.S. attorney and
current professor of law at the University of Alabama. "So worrisome he
believes the Court will save him, no matter what."
Members
of the Democratic leadership in the House of Representatives—the chamber of
Congress that would bring the charges against the president—have made clear
they will not pursue impeachment at this time.