It doesn’t look good for the rule of law.
The post Trump Takes The Oath Of Office appeared first on Above the Law.
(Photo by Brendan McDermid-Pool/Getty Images)
Judge Arthur Engoron heard the business fraud case involving Donald Trump and his businesses. Engoron ultimately imposed a $450 million judgment against the defendants.
During that trial, Trump had repeatedly disparaged court personnel, including the judge’s law clerk. After the judge entered a gag order to protect the courtroom staff, Trump went outside the courtroom and told reporters that “a person who’s very partisan [is] sitting alongside” the judge. This appeared to again disparage the judge’s clerk and thus to violate the gag order. Judge Engoron had Trump take the witness stand.
Trump testified that he had not in fact been referring to the judge’s clerk as being a partisan, but rather was referring to Michael Cohen, Trump’s former lawyer, who had been on the witness stand at the time.
This was obviously a lie, and the judge ultimately so ruled: “The idea that the statement would refer to the witness doesn’t make any sense to me.” According to the judge, Trump’s testimony, under oath, was “not credible.”
Lying under oath. That’s not good. In the 1990s, Republicans wanted to impeach President Bill Clinton for lying under oath.
But I digress.
In the days leading up to January 6, 2021, President Trump urged his supporters to come to Washington, D.C., telling them that the day would be “wild.” Trump gave a speech on the sixth, and the assembled crowd attacked the Capitol Building. Whether or not you agree that Trump instigated the riot, he indisputably remained silent for three hours while a mob attacked Congress. Whether Trump thought the crowd consisted of members of Antifa, or FBI informants, or simply peaceful protestors, Trump did not lift a finger or say a word to defend the Capitol Building. A simple statement would have sufficed. Perhaps: “If you by any chance are my supporters, please understand that I didn’t mean this at all. You misunderstood me. I didn’t mean that you should ransack the Capitol Building. Please go home.”
But no.
Trump is not one to protect the United States to the best of his ability. Nor, as Judge Engoron held, is Trump one to tell the truth, even when under oath.
On Monday at noon, Donald J. Trump will put his hand on a bible and repeat under oath the words set forth in Article II, Section One, Clause 8 of the Constitution:
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.
That doesn’t give me a whole lot of comfort.
How about you?
Mark Herrmann spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at [email protected].
