Professor Jed Shugerman was quoted in a New York Times article examining the strongest and weakest parts of President Trump’s case for acquittal.
On Monday, President Trump’s chief lawyers in his impeachment trial, Jay Sekulow and Pat Cipollone, submitted a 110-page brief to the Senate laying out the case for his acquittal. The articles of impeachment, they say, are “an affront to the Constitution” brought about by a “rigged” “crusade” against a president who “did absolutely nothing wrong.”
Still, some scholars contend that the Democrats weakened their obstruction case by not deferring to the courts to clarify the power of executive privilege. “It’s bad to refuse a lawful subpoena, but the appropriate remedy is to go to court to argue its lawfulness,” tweeted Jed Shugerman, a Fordham Law professor. “Once the Dems decided not to challenge Trump’s bad arguments for not cooperating, they also abandoned the ‘high crime’ aspect of presidential abuse of power.”