“When the President Does It…”/Martin Rosenfeld, JD

Posted on June 3, 2018

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One of the great moments of TV documentary, took place during the interview of former President Nixon by media personality, David Frost. Mr. Frost inquired if certain actions by President Nixon, such as the infamous Huston Plan, might correctly be deemed as illegal. President Nixon responded that “…Well when the President does it that means it is not illegal.” This twisted bit of logic has been resurrected as the Trump’s team has presented its opinion to the Mueller investigation team that by definition a president cannot obstruct justice, because he represents the institution of justice. Sounds self-serving. Yes, it does but this argument is often invoked by parties in litigation. How can I be wrong, if I just stated that I was in the right? Litigation and confrontations can lead to many trips down deserted and poorly-lit dead ends. While there is no system that will lead all parties to perfect truth, there is a recognized method of avoiding needless delay and double-talk. It is geared to Win-Win and it is known as mediation. It is the best weapon in the arsenal of truth and peace. Mediate don’t litigate…unless you wish to live with the absurd notion that it is not wrong if you did it or said it.

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