Trump and Netanyahu: Both Being Investigated for Made-Up Crimes

The most striking similarity is that both are being investigated for actions that their legislatures have not explicitly made criminal.Politicians always seek good coverage and many vote with that in mind. Some even negotiate good coverage in advance of voting. That is why they have press secretaries and media consultants.Nor could a reasonable statute be drafted that covered Netanyahu’s alleged conduct, but not that of other Knesset members who bartered their votes for good coverage. That is why no legislature in a country governed by the rule of law has ever made positive media coverage the “quid” or “quo” necessary for a bribery conviction, and that is why the bribery indictment of Netanyahu should not be upheld by the courts.[I]t is simply not a crime for a President to use his power over foreign policy for political, partisan or even personal advantage. Imagine Congress trying to pass a law defining what would constitute a criminal abuse of the foreign policy power, as distinguished from a political or moral abuse…. Presidents have even engaged in military actions for political gain.The central aspect of the rule of law is that no one may be investigated, prosecuted or impeached unless his conduct violates pre-existing and unambiguous prohibitions. Neither Congress nor prosecutors can make it up as they go along, because they, too, are not above the law.

Source: Trump and Netanyahu: Both Being Investigated for Made-Up Crimes

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