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tv   Washington Journal Cass Sunstein  CSPAN  November 2, 2017 1:43am-2:14am EDT

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to greensboro. >> joining us now teacher from harvard university law school and author of the us citizens drive and the obama good morning. >> why no?. >> the reason foror the book is removed to concord massachusetts onet of the places british soldiers went
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april 1775 that got me fixated on what happened on that date and then the events that led to the american revolution in the period between the revolution and the constitution. but i have not understood that neutrality for a bad project that fired up those colonies late in the 18th century. w >> so with that majestic effort in it is ironic that impeachment is little understood by the people can you expand on that?. >> and to get something to do a lot of stuff on balance
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and it went into trouble after the revolution to have the fetus of monarchy into betrayed those principles for word. and one of the safeguards there is the power of impeachment. it has not been ratified. and with that philadelphia convention to be fatally flawed. >> what does impeachments mean the most and what is it compared to the perception?. >> but first to do with roots in england. with the house of representatives gets to do what it wants that is the
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big mistake the grounds for impeachment to sharply committed t and that if the president has committed a crime they are not and teachable. >> and going to paris six months is impeachable. and neither of those have. >>. >> said to have one general category with that abuse of trust or abuse of power where the president exercises his the goal authority to be i abusive that
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is the category we're talking about. some examples are first and foremost, what is called out in massachusetts because that is where the of revolution started so another thing to neglect and to pay attention to your obligations but if you are acting in a way that is going after your political opponents not because they are wrong on the merits because they are harassed by the irs but anything that involves corruption at the core of what they're worried by in the 18th century for girl.
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>>. >> i am a scientist and i have done a lot of research we are in a crisis right now her cry have a difficulty to understand why this president the ben with that
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famous scientist but if you explain how is it he is around? even to sign that executive order. >> go ahead. >> so i spent most of the the 18th of century the navy will have with current units it edith -- he is not impeachable for her but talk about high crimes and those are impeachable those are precedents and i think that
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characterization is there but signing the executive orders that are a legitimate way to manage the executive branch so as president trump says i want to restrict the flow of regulations here is the executiveor order that is completely fine. all presidents as long as it doesn't override the ruling congress. so i hear the ordinarily negative up process is that the ballot box is where you express. >> new york democrats line. >> caller:. >> good morning. the obvious question to have
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that abuse of power with the fbi director to step up and to find robert mueller. >>. >> and that is insulting. the with that to authoritarianism. >> that allows impeachment.
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and to describe that territory of officers and reagan in the current president to fire the fbi director it is not the impeachable but if the president can't get rid of the fbi director for surgeon reasons that have nothing to job performance but. >> so where dod. research projectst but it would be
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argument to make that as the impeachable offense to have pay extremely distinguished career very controversial. for any president who wants a new star. but it would be very hard not to give that good-faith justification to get rid of him that is independent to insulate from what it is the of lawful investigation and to call up those potential actors is very severe for someone to do and i worked for obama so to be something
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very cautiously is day discharge of the current special prosecutor that did not save the criteria is met and i say that cautiously. >> learning about the impeachment process with jackson and nixon and clinton?. >> yes johnson and clinton impeachment are negative lesson setting the precedent where actually he was impeached for firing that cabinet had. that was the impeachment on which it looks of unkindly and but that is to obstruct
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justice withfo the private lawsuits for several - - ovation minimize what hamilton and madison were thinking about thinking of high crimes andor misdemeanors but the nixon case is much stronger but if the president uses that apparatus to oppose his political adversaries the we are ride at the core of what the impeachment clauses about effuses that apparatus of the federal government to stop otherwise a legitimate investigation to the of wrongdoing then we have a serious impeachment discussion. >> republican line from ohio. >> caller:.
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>> ed couple of? questions so what is going on with trump? is a collusion with the russians? has anybody ever been impeached for this before?. >> terrific questions and this is a good one. it is good to have a neutrality investigating so so of them love them and voted form? them but if you're a fan and supported him that is a good reality check to think if i disliked him and my least favorite politician would i think he is impeachable? that is the way to insure your
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objective. so if a low-level adviser of a presidential candidate interacts with the nations to try to get intelligence on a political opponent, then certainly the kennedy responsible, that is the terrible action that the president can not be charged but what does go back to the founding period if democrats or republicans interacts with an unfriendly nation or acts corrupt in such a way a so i moved a. >> if we assume a candidate works with china to find out
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information about the republican candidate and exposes that information true or false to the that is the impeachable act of what we were thinking about the. >>ll. >> good morning. thank you for taking my call i enjoy a c-span every morning. my question with regards to the term enemy nations to constantly have these discussionstr with those trump supporters of a sudden great friends with all of a sudden because they are cult leaders. how do we define the term in
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the mediation? is it well-defined?. >> if we are talking about formal international relations bin there would be definitions we could use i am speaking in the context of russia to have a former lung negative formal international law in terms of ordinary language so to describe the nation as an enemy is categorical which now is appropriate. i do think it is better to say that the russian people over history are great
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friends of the american people that we talk to run individual the and cities and close friends across thepe world that the leadership of the russian government or the american different have not been friendly and continues to this day the ambassador had some tough things to say ebro russia. -- to say about russia. . . . .ffice.
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there are certain kinds of acts nixon case was one, where each a serious inquiry is let's say signal.ently loud for the president to remain in office voluntarily would be a mistake. cases, like that of clinton, where the highly tion was so politicized that the president
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stayed. it simplistic to say the senate does the trial, the charges?ngs the guest: accurate, the house is prosecutor, like though it made independent, kind of judicial decision impeachment appropriate and house helps anage preceding in the senate, which has to convict, by two-thirds majority. we have in our constitution, two big safeguards of the president against let's say losing his job because congress doesn't like them. the first is high crimes and isdemeanor standard, we've talked about how that can be met liberty like invading or abuse of the pardon power or countriesg with other in certain ways, high standard and there is institutional rotection, majority in the house, two-thirds in the senate. host: cass sunstein of harvard author of citizen's guide,"
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thomas in ohio, go ahead. steps to at are the get to the 25th amendment? a fabulous question. the 25th amendment is another avenue by which the president be relieved of his of his ons and here duties. different are two ideas. the first, the 25th amendment is perform the to job, rather than about bad acts, amendment the 25th as not about actions, but instead about condition. the president is suffering some terrible physical or mental disability, then the president can be removed by the 25th amendment. what it is for. it was done in the aftermath of he kennedy assassination and a thought was what if president kennedy had been shot, but had
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what would we do, if he couldn't do the job? 25th amendment gives the answer. mechanism by which that inability is triggered, unless it, but in the s 25th amendment, this is how it is, the vice president and majority of the cabinet has to decide that the president can't do the job anymore and notice pretty tough burden because the vice president and be cabinet are going to pretty loyal to the president and not going to want to say, job anymore orur initiate that conversation unless the president is really kind of g with some impairment. host: you talk about in the book learned about the impeachment process and this from the reagan assassination briefly tell ou that story? guest: yes, so i was kind of kid awyer in the reagan administration and my boss early on tapped me on the shoulder and said, please learn about the th amendment and write it up. i didn't say what i thought, which is what the heck is the
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amendment, i actually didn't know, which is embarrassing, kind of supposed to know. i did write it up, but i thought it was a bookish exercise, what does this have to do with anything, we were trying to run a government and this was like an academic exercise. later, president reagan was shot, we were watching the very cheerful upbeat t.v. that said he was fine and my boss tapped me on the shoulder and said, remember that 25th amendment memo? i said, yeah. he said, it's a lot worse than hey are saying, president reagan is in trouble and you have to send memos over to try transfer responsibility to the vice president. do you know how to do that? i think i remember that. he said, good, you are in charge here. the white house and with my little fingers, i don't think my voice had changed i was quite young, i was in charge of transferring power. we didn't have to do that for that i think are still not fully public, but it was very much on the table.
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john in texas, republican line. caller: good morning. standing back from all this to the other side of the party find it almost hysterical or like 1984, to have professor talking about a newly elected president, when his wife, who powers did -- violate the and he tion under obama violated the law more than anybody else. this man has no talking be on t.v. about impeach wment integrity of the election. say.is all i have to guest: i appreciate freedom of speech in this country twhochlt corrections, my wife's name is samantha power, not powers, and a that important, but it is little bit important and second, unless asked say. guest: about any particular current
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official. doesn't mention president trump and really the constitutional system and my hope is that whether you're republican or to appreciate the 1770sty of what happened in and 1780s and people put their way that e line in a had more risk, i think, in some ays than any other time when americans put their live on t-- line.n the we weren't a country yet. to appreciate what happened in inspiring , that is and whether you want to think impeachment in connection with any president, that is really up to you, that is what constitution gives. we the people are the bosses of impeachment process. host: leo in louisiana, independent line. caller: good morning and thanks, c-span, for allowing me to be
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here, i've been trying to get in for sometime. find that your show is extremely informative and my to tion is, in reference that lected officials, abide by the constitution and in reference to discriminatory acts. a fact. give you we have a president that is an elected is fficial and i will say multiple, but for one certainly, that basically states that donald trump in to being -- following stipulates ory acts, that because of his financial able to dodge as the draft or enter the military.
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a military veteran and due weree fact that my parents not financially suitable to do where he had a document that stipulated he had illness, a medical senator today is saying it is law.lly against the host: okay, leo, we'll leave it there. thanks. guest: okay, well first, thank for your service. my dad served in world war ii, brother-in-law served in vietnam, debt of gratitude to you. of impeachment, this is, i think, extremely important understood, that with one exception, actions that becoming does before president are not impeachable. reason is pretty simple. impeach cemetery for abuse of authority.al you can't abuse your authority if you're not president. you atever anyone did,
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know, clinton, reagan, nixon, whatever they did before president, it is not a basis for impeaching them. one exception, as discussed, if you procure the presidency by illiji legitimate means, that was basis for impeachment and there are laws there. we have self-governing society president in ahe way that's corrupt or illicit is capacity nt with our for self-governance. host: more canning learned from "impeachment," cass su
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also one business to have the

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