Rule of Law

OP-ED: The Constitution will have the final word on President Trump

Even after the damning information revealed in Special Counsel Robert Mueller’s redacted report yesterday, President Trump behaves as if he’s in the clear, free from accountability. Memo to the President: the U.S. Constitution has something to say about that.

Anyone who thinks the process currently seems tilted in Trump’s favor would have good reason. Last month, of course, Attorney General William Barr released an incredibly selective“summary” of Mueller’s findings, allowing President Trump and the mouthpieces who serve him to trumpet the lie that Mueller exonerated him. Then yesterday, Barr put on a farcical press conference before he released the redacted Mueller Report, attempting to foam the runway for the news about to crash on Donald Trump’s presidency. Naturally, that charade in front of reporters helped Trump claim victory all over again.

Make no mistake: Any confidence that Barr could be forthright on the tough rule of law questions swirling around his boss is now gone. The U.S. Attorney General is supposed to be the people’s lawyer, impartially upholding the rule of law on behalf of all Americans. Sadly, as we saw yesterday, Barr is acting more like President Trump’s personal attorney and public relations adviser.

Barr and Trump may believe, with these political parlor tricks, that they will avoid the reckoning otherwise compelled by Mueller’s report. The flip side of that coin is that for the rest of us, sometimes we find it difficult to believe that the whole truth will come out, and that power will meet accountability. The seeds of that accountability, however, are planted in the Constitution. Article I and Article III provide our institutions significant power to check and balance any lawlessness of the chief executive of Article II.

Article I provides for creation of that chamber of Congress closest to the people, the House of Representatives. From there, the Chairman of the House Judiciary Committee, Jerrold Nadler (D-N.Y.), is empowered to take significant steps toward holding President Trump accountable to the rule of law and fulfill the critical oversight role of Congress. To get all the information Congress needs, Nadler has rightly issued a subpoena to the Department of Justice for the full and unredacted Mueller report, as well as underlying materials reviewed by the Mueller grand jury.

If DOJ refuses to comply, Nadler can turn to Article III, the federal courts, and sue the Trump Administration to enforce that subpoena. In addition, Nadler could also ask the judge supervising the grand jury to release certain grand jury materials.

Additionally, we must not ignore the grand jury itself. Twenty-three regular citizens, performing a solemn duty older than the nation itself, is supervised by the judge who empaneled them two years ago. Together, they have significant power conferred upon them by America’s founders, through the text and history of the U.S. Constitution, to provide their own path to reckoning. Significantly, if these jurors felt that what they see in the public square doesn’t represent their views of the case, they could request the judge to guide an appropriate release of a report of their own, either to Congress or even the public. Recall that during the Watergate investigation, Judge John Sirica fielded just such a request from the grand jury he supervised, and released to Congress materials regarding President Nixon.

Of course, the product of further congressional investigation and even grand jury involvement could be enough information — as if there isn’t enough already — to confront President Trump with the same prospect that confronted Nixon, found in Article II itself: Threat of impeachment and removal from office. The ultimate constitutional sanction, this is reserved for government officials found to have committed “high Crimes and Misdemeanors” — a possibility that looms nearer today than it did before the Mueller Report was finally released.

President Trump, abetted in no small measure by an Attorney General acting increasingly as his personal lawyer, can shout his false vindication from the roof of the White House if he wants to. The Constitution, given force by We the People, will have the final word.

 

More from Rule of Law

Rule of Law
February 25, 2026

Supreme Court not fully sold on foreclosure fairness bid

Courthouse News Service
A showdown over tax foreclosures had the justices considering the striking set of facts that...
Rule of Law
February 25, 2026

CAC Release: Supreme Court Oral Argument Focuses on Takings Clause, While Largely Ignoring the Problematic Excessive-Fines-Clause Analysis Applied by the Court Below

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Pung v....
By: Miriam Becker-Cohen
Rule of Law
February 24, 2026

50+ Organizations Condemn Federal Authorities for Blocking Minnesota’s Independent Investigation into CBP Killing of Alex Pretti

WASHINGTON, DC — Today marks one month since the killing of Alex Pretti on January...
Rule of Law
February 20, 2026

CAC Release: Supreme Court Rejects President Trump’s Claim of Unilateral Tariff Authority

WASHINGTON, DC – Following today’s decision at the Supreme Court in Learning Resources v. Trump and Trump...
By: Simon Chin
Rule of Law
U.S. Court of Appeals for the District of Columbia Circuit

Climate United Fund v. Citibank

In Climate United Fund v. Citibank, the en banc United States of Court of Appeals for the D.C. Circuit is considering whether the Trump administration can unilaterally abolish a mandatory grant program created by Congress.
Rule of Law
U.S. Court of Appeals for the Ninth Circuit

Oregon v. Landis

In Oregon v. Landis, the Ninth Circuit is considering when states may prosecute federal officers for state crimes.