However, even before he was elected, one law professor was convinced that there was already enough evidence to impeach him if he did win. Of course, even if there is, that’s going to be a tough task considering that the Republicans now have control of both the Senate and the House of Representatives. Despite that, his analysis is certainly an interesting theory to re-examine as questions continue to arise.
University of Utah Law Professor Christopher Lewis Peterson penned a 23-page article analyzing why it would be proper for Congress to impeach Trump if he’s elected. He believes that Trump has engaged in fraud and racketeering which meets the standards under Article II of the United States Constitution which reserves impeachment for “high crimes and misdemeanors.”
“Unlike his promised crimes yet to come, the illegal acts in Trump’s high pressure wealth seminars have already occurred. Indeed, a federal judge appointed under Article III of the U.S. Constitution has already determined that Trump’s alleged actions, if true, constitute fraud and racketeering,” Peterson wrote. While Peterson acknowledges there would be some legal hurdles, he contends that the Constitution does not prohibit Congress from impeaching a President for alleged acts that happened prior to taking office (which is the common belief).
“Congress would be well within its legal rights under the Constitution to insist upon a President who is not a fraudster or a racketeer as defined in its own law,” Peterson wrote. Another issue that Peterson acknowledges is that if Trump wins, this would be seen as referendum against any kind of impeachment. After all, the people voted him in knowing he was facing lawsuits as it relates to Trump University. Peterson has an answer for that too.
“Trump appears to have lied about his role in Trump University to students, he has throughout the election continued to misrepresent the cases that focus on his misrepresentations,” Lewis wrote. Therefore, Peterson contends that the American public might not have been aware of the full extent of his transgressions.
Right now, Donald Trump is facing several different lawsuits surrounding his role at Trump University. New York Attorney General Eric Schneiderman filed a $40 million civil suit against the University for alleged illegal business practices and fraud. None of the cases have been resolved, and all are ongoing. The class action fraud trial is scheduled to begin the Monday after Thanksgiving. Trump has repeatedly denied his school ripped off students.
Some facts in this article were first reported on September 23, 2016 by LawNewz.com, but it has been updated and revisited after Trump won the presidency on November 8, 2016.
[image via shutter stock]