Lawfare – Posting by Jim Baker – Donald Trump, Twitter and Presidential Power to Interpret the Law for the Executive Branch

“The president’s former attorney Michael Cohen pleaded guilty Tuesday [August 21, 2018] to several federal criminal violations, including making certain unlawful campaign contributions. The case was brought by the United States Attorney’s Office for the Southern District of New York. That office is part of the executive branch, and the president is the head of that branch. The president tweeted this the next day [August 22, 2018]: “Michael Cohen plead guilty to two counts of campaign finance violations that are not a crime.” When I read that tweet, I was immediately reminded of the fact that under the Constitution, the president “shall take care that the laws be faithfully executed.” See Article II, section 3. This is an obligation and a directive to the president, not a choice…”