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'He ​taunted the alligator before crossing the stream': Judge Napolitano says deep state will charge Trump

'He ​taunted the alligator before crossing the stream': Judge Napolitano says deep state will charge Trump

'He will be charged'

Walter Nixon, a federal district judge, was convicted of a felony for committing perjury before a grand jury. The House of Representatives and the Senate voted on three articles of impeachment. The full Senate convicted Nixon and sought to remove him from office, but Nixon ultimately resigned. Although the Senate does have broad power to investigate and impeach a president, it is not without limits.

Executive privilege, a protection former president Donald J. Trump invoked, was established in the 1977 case of Nixon v. Administrator of General Services. The Supreme Court determined that the protections of the presidential communications privilege survive beyond the conclusion of the presidential administration within which they occur and may be asserted by a former president.

The Court reasoned that the general purpose of the presidential communications privilege — that the confidentiality of presidential decision-making — is necessary to ensure open and honest dialogue between a president and his advisors. The court also decided that executive privilege protects a sitting president more than a former president. The protection is more to address a pesky Congressmembers from being so overbearing that the president is unable to execute his duties: "The expectation of the confidentiality of executive communications [is] ... subject to erosion over time after an administration."

In Trump v. Mazars, the Supreme Court reversed a 2020 decision made in the lower courts, considered and created a four-part test for evaluating congressional subpoenas powers for the personal documents of a former president. The courts concluded that any separation of powers worries was “less substantial when a former President is involved.”

Judge Andrew Napolitano said in a Twitter video on Tuesday that he believes former President Donald Trump will likely be charged. He also pointed out that he believes fervently that the documents sitting in Donald Trump's safe were harmless. "[Trump] taunted the alligator before crossing the steam," he added referring the Trump provoking the deep state and the deep state retaliating.

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