Time Magazine Publishes Article “Why Donald Trump Could Still Resign”


Despite the fact he’s doing quite well in polling including besting Democrat rivals in a recent battleground poll that includes Pennsylvania, Michigan and Wisconsin, a Time Magazine article speculates on “Why Donald Trump Could Still Resign.”

Many ridiculed the premise.


I see we have progressed to the bargaining stage of grief.

Wishful thinking are we?


From the article by Martin London:

Resignation has always been a small-odds proposition for this egocentric President, but today the stars are more aligned for that result than ever before.

Like in the Nixon case, the primer to the resignation bullet is in the hands of the Supreme Court. In Nixon, the President’s lawyers defended against a subpoena for Oval Office tapes on the grounds of executive privilege. They argued that a President was “absolutely immune” from judicial process with respect to his conduct while in office. The Court unanimously rejected that argument and ordered him to turn over the subpoenaed material, which contained conclusive evidence of both the President’s criminal complicity in the cover-up to the Watergate burglary and his obstruction of justice in seeking to thwart the FBI investigation. Nixon resigned 16 days after publication of the Supreme Court decision.

Now Trump faces similar circumstances in not one but three cases. In one, the Second Circuit has directed his accounting firm to turn over Trump tax returns to Cyrus Vance, the Manhattan District Attorney. In the second case, the D.C. Circuit has directed the accounting firm to give Congress a broader set of Trump tax returns and financial documents. In the third case, the Second Circuit has directed Deutsche Bank to give Congress years of Trump bank records that include some tax returns, but not the President’s. In all three cases, which Trump’s lawyers have appealed to the Supreme Court, the subpoenaed documents relate exclusively to pre-presidential activity.

While Trump lawyers have raised a blizzard of objections to the subpoenas, the President has nevertheless asserted as his core argument that he is absolutely immune from responding to subpoenas because of his absolute power to assert executive privilege, even as to his conduct prior to election.

The claim is frivolous, and interposed solely for delay. The question is, will the Supreme Court tolerate the maneuver? If they do, it’s a bad sign for judicial independence in our democracy.

The issue has been put on hold until December 13, when the Justices are expected to confer on the Trump petitions for review of these three circuit court decisions. Unless they punt and put the conference over to another date, they have three basic options:

1. Deny review, which would result in the accounting firm and the bank turning over the tax returns and related material immediately.

2. Grant review, while ordering expedited calendaring and decision. (In Nixon, the district court ordered compliance with the subpoena on May 31, the Supreme Court held a special session to hear argument on July 8, and issued its unanimous decision on July 24.)

3. Grant review, put the cases on its calendar in the ordinary course, which may yield a decision as late as June 2020.

The first two options offer an enhanced likelihood of presidential resignation.

Read more here.