Donald Trump needs a course in deontology. Of all the public servants, the President of the United States is the most important. He or she should render loyal and disinterested service to the Nation. Citizens should praise the President when he has done right and blame him when he has done wrong. To declare that there must be no criticism of the President or stand by him right or wrong is incongruent with American democracy. A President should also be measured and judged by good faith. Good faith is an intangible and an abstract quality with no technical meaning or statutory definition. It encompasses an honest belief, the absence of malice and design or to seek an unconscionable advantage.
A lawyer as a witness, manager-prosecutor or defense counsel is duty bound to do the right thing not once in a while, but all the time. I am a member in good standing with the Michigan, Massachusetts & Texas Bars. It is my experience that the tone and tenor of the denizens in each jurisdiction are consistent with my views above.
As you know, the President's lawyers are officers of the legal system. If a lawyer offers material evidence before a tribunal and knows or later learns it was false the lawyer must take reasonable remedial measures, including disclosure of the true facts.
As an officer of the court a lawyer under Candor Toward the Tribunal and the corresponding ABA Model Rule is duty bound to take remedial measures and it applies to ancillary proceedings, including depositions. Lawyers are required to be truthful, reveal perjury and to avoid assisting or condoning criminal or fraudulent acts denigrating the justice system. Otherwise the attorney is subject to discipline including disbarment.
Evidence is the means to ascertain the truth at trial. Therefore, witnesses and relevant documents are fundamental in any trial to discover the truth at issue.
A President in America is not a king. He has no immunity or executive privilege in this matter and proceeding. To characterize bad acts and misconduct as maladministration is ludicrous.
Politics must be set aside in the interest of justice and for the American people. Nothing but the truth should be spoken about the President and his egregious acts. A technical or statutory crime is not required for impeachment. Abuse of power is sufficient.
To paraphrase U. S. Representative Adam Schiff, "if truth doesn't matter we are lost."
It appears that the outcome of the Impeachment Trial without witnesses and documents was a cover-up in plain view.
“Public service must be more than doing a job efficiently and honestly. It must be a complete dedication to the people and the Nation.” Margaret Chase Smith, former Maine U.S. Senator
It appears that Donald Trump and his lawyers were willing to undermine our democracy to help his prospects for re-election. He wielded the powers of his office for personal benefit and not for the benefit of the people. It has been reported that Donald Trump stated unapologetically that there is nothing wrong with his conduct and would do it again.
The law under 18 USC Section 1001 makes it a crime to knowingly and willfully give false statements in any matter under federal jurisdiction. To prove that a defendant acted willfully the government must prove that he or she knew the statement was unlawful - not just that it was false.
I submit how difficult is it to show that a person knew his or her statement was unlawful - "the 2020 presidential election was rigged and fraudulent" when they cannot establish a scintilla of evidence.
For lawyers, Federal Rule of Civil Procedure 11: Signing Pleadings, provides in relevant part, that every pleading, written motion or other paper represents and certifies: it is not being presented for any improper purpose, not frivolous and that the factual contentions have evidentiary support. If the court determines that Rule 11( b) has been violated the court may impose an appropriate sanction on an attorney or law firm.
This is not a Democratic or Republican point of view. It is an accurate point of view anchored in the Constitution of the United States:
"We the people of the United States, in Order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
In lieu of impeachment some asked Americans to wait until election day to determine Trump's fate. The electoral college has spoken. It certified the 2020 presidential election that demonstrates the will of the people and cements our democracy. To quote Bob Woodward in his book, Rage: "When his performance as president is taken in its entirety, I can only reach one conclusion: Donald Trump is the wrong man for the job."
A new era is beginning with Joe Biden as President of the United States. I refer back to Margaret Chase Smith, former Maine U.S. Senator: "It is high time we stopped thinking politically as Republicans and Democrats about elections and start thinking patriotically as Americans about national security based on individual freedom."
James A. Johnson