“Thank you @MarkLevin and John Eastman!” President Donald Trump wrote Monday in a Tweet embedding a video clip from Levin’s Sunday episode of “Life, Liberty and Levin” on Fox News Channel.
In the video, Host Mark Levin discusses Special Counsel Robert Muller’s 400-plus page Trump-Russia investigation report with Claremont Institute Senior Fellow and Chapman University Law Professor Dr. John C. Eastman.
Because Mueller far exceeds his duties, fails to draw a conclusion, and even violates the presumption of innocence, the two constitutional scholars agree that the special counsel’s report is merely “a bunch of crap”:
Levin: “So, have a very important process in place. It was given a lot of thought. It’s a regulation that was adopted and honored by Democrats and Republicans in and out of the Justice Department. There’s some measure of due process. And, this is important so innocent people aren’t accused of crimes without being charged and having the opportunity to defend themselves.
“So, this report is really a bunch of crap, isn’t it?”
Eastman: “Well, it is. And, even the bottom line refuses to draw a conclusion – gets the presumption of innocence wrong.
“He said, ‘I couldn’t find enough evidence to exonerate President Trump from the obstruction of justice allegations.’ That’s not his job as a prosecutor. The only job is to decide whether there’s enough evidence to bring an indictment with a likelihood of conviction beyond a reasonable doubt.
“We presume innocence, unless we can prove otherwise. His report presumes guilt, unless Trump can prove otherwise. And, it is a fundamental altering of our very basic conceptions of justice.”
Dr. Eastman goes on to explain that Trump didn’t obstruct justice by directing the special counsel’s investigation and Justice Department because “the entire Executive branch is headed by one guy” – the president:
“One of the things that everybody’s forgetting, as well, is the basic separation of powers. The special prosecutor, the Department of Justice itself, the attorney general have no powers under our constitution that aren’t derived from the president.
“The notion that the president can’t determine the course of an investigation is the most basic violation of separation – we have a unitary executive. The entire Executive branch is headed by one guy. And, the only constitutional check on that is through an impeachment power - not through statutes and not through regulations internal to the Department of Justice, because the president has the authority to change those whenever he wants.
“The notion that the president can be charged, therefore, for directing the conduct of the Executive branch – he’s the only guy elected to run that branch – really misunderstands the Constitution from a very basic level.”