Recently President Trump threatened to sue Nancy Pelosi and others. Trial judges know that this won’t happen. The reason this is a non-starter for the president is that if he were to be a plaintiff in a civil suit he would have to go through the discovery process and ultimately sit for a deposition. Indeed, the response to the congressional investigations so far has been for the White House and now Rudolph Giuliani to refuse to cooperate with the investigations and ignore subpoenas. Giuliani was once the head of the federal prosecutors office for the Southern District of New York. The United State’s Attorney’s Office for the Southern District of New York has long held a reputation as the premiere prosecutors office in the country. Giuliani came to prominence as a fearless force fighting the New York mob. Clearly he understands what a subpoena is and what the consequences are to ignore one. In one recent day President Trump lost five court cases. The only newsworthy aspect of these losses was the sole dissent by a recent Trump appointee to the appellate court issuing a 2-1 decision against the president. The justice was excoriated by legal scholars and media members for her seemingly illogical opinion. Litigation is a slow and deliberate process. Most likely an impeachment and the other related investigations will not end prior to the 2020 election. If President Trump is re-elected Mr. Giuliani and others caught in this legal vortex may be able to clear their names or if in jeopardy of criminal liability can enjoy relief by presidential pardons. What trial judges know is that these issues will take years not months to resolve and that eventually evidence will be produced. If we really are a nation of laws rather than of men, it will be the evidence that rules the day.
Vita in Lega