Resolved: President Donald J. Trump should be removed from office

Virtuoso

I would like to thank con for accepting this debate. I am looking forward to a fruitful debate!

Overview

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

These are the sacred words that the President recites when he takes the Oath of Office. The President of the United States is one of the most powerful people in the entire world. Article II of the United States constitution spells out the duties of the President. If a President is unable or is unfit, or is harmful to the office and to the Untied States, that person ought to be removed from office.

The Constitution provides two ways in which a sitting President can be removed: impeachment (Article II section 4) or via the XXV Amendment:

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thus we come to my central thesis: Donald Trump is unfit for office and should be removed via the XXV amendment. Furthermore he has committed high crimes and misdemeanors that would warrant Trump be removed from office via impeachment.

C1: Trump should be impeached

The constitution does not spell out what constitutes “high crimes and misdemeanors,” and while no President has been removed from office via impeachment, we do have some historical context to look help guide us.

President Bill Clinton was impeached on one count of lying in front of a grand jury and obstruction of justice. [1] Andrew Jackson was charged with violating the Tenure of Office Act and even “inflammatory and scandalous harangues” against members of congress whom he disagreed with. [2] Although Nixon resigned, he would have certainly been impeached had he remained in office.

Crime 1: Obstruction of Justice

It is very clear that Trump has obstructed justice in the Mueller investigation. Evidence from WAPO [3]

We begin with the president’s demand of loyalty last year from then-FBI Director James B. Comey, his request that Comey “see [his] way clear” to letting national security adviser Michael Flynn go, his termination of Comey and his statements encouraging others to end the investigations. All this is very similar to conduct that has supported previous federal obstruction cases. For example, in U.S. v. Lustyik, an FBI agent was guilty of obstructing justice because he tried to persuade others not to indict his friend and business partner.

[Trump's lawyers say he's above the law. They clearly don't understand it.]

Trump has attempted to block Attorney General Jeff Sessions from recusing himself from the Russia investigation, despite his clear legal duty to do so; asked Sessions to reverse his decision; twice ordered Mueller fired; dictated a false account for a key witness, his son Donald Trump Jr., of the June 9, 2016, Trump Tower meeting between campaign and Russian representatives; and repeatedly and publicly attacked Mueller and key witnesses. Trump has also continued disputing the underlying Russian attack, despite extensive evidence .

Crime 2: Violation of Emolument Claus

Trump has been profiting off of the Presidency by refusing to separate himself from his private business. He repeatedly asks foreign governments to stay by his Trump hotels and has repeatedly profited off the presidency by visiting his own resorts and clubs during his time in office.

Sources

1. https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/articles122098.htm#full1 ;

2. http://evidenceforchristianity.org/twelve-syllogistic-arguments-for-the-existence-of-god/

3. https://www.washingtonpost.com/outlook/2018/08/22/trumps-real-problem-is-that-he-obstructed-justice-mueller-can-prove-it-heres-how/?noredirect=on&utm_term=.9e01d2e0d2b2