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This is the extreme Dershowitz Alaska defense, that makes the President accountable to no one during the term of office.No it isn’t. Cite the statute.
Please, please read the beautiful article by Professor Nikolas Bowie that destroys this totally dangerous idea.
President Trump’s defense falls apart for precisely the same reason. As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of “abuse of power,” sometimes called “misconduct in office.” In 1846, the first edition of the pre-eminent treatise on American criminal law defined this common-law offense as when “a public officer, entrusted with definite powers to be exercised for the benefit of the community, wickedly abuses or fraudulently exceeds t…