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Robert Lipshutz
3 min readMar 25, 2019

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. The Fantasy Has Ended

. A large number of people on the left, and many honorable people on the right, had held fast to a fantasy-that the Special Counsel would provide a legal resolution to the political, social and national security problem of the Trump presidency. When Attorney General Barr released his summary of the Special Counsel’s report prepared for Congressional leaders on Sunday, March 24, 2019, that fantasy died. At least for the foreseeable future, there will be no attempt by the Department of Justice to prosecute Donald Trump.

. The idea that the President could be successfully prosecuted by the Department of Justice-when the President appoints the Attorney General (Article 2, Section 1) and has the unlimited right to issue pardons (Article 2, Section 2)-was always a foolish dream.

. The Democratic majority in the House of Representatives could easily impeach Donald Trump for “high crimes and misdemeanors,” which in practical effect means anything 218 members of the House will support. But the problem is that, pursuant to Article I, Section 3 of the U.S. Constitution, conviction in the Senate requires a two-thirds vote of those present and voting. There are 100 members in the Senate. There are 45 Democrats and two independents. Assuming all 47 were to vote to convict, Democrats would need 20 Republican Senators to vote to convict and remove Trump from office.

. That is not going to happen.

. Consider that “[a] survey from YouGov/The Economist asked respondents if they would “support or oppose Congress beginning the…

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Robert Lipshutz
Robert Lipshutz

Written by Robert Lipshutz

Lawyer. American citizen. Hoping to help America find a way out and a way forward-together.

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