I saw that from a WH lawyer who was talking to a judge for some other thing though. I wonder how confident they actually are in that the ruling would be different now since it's all about constitutional power and balance between the branches. Not to mention it'd be the most ultimate political decision by SCOTUS at a time when they're trying not to appear political.
I'm guessing Unitary Executive Theory has something to do with it, if it is a claim being made out of genuine belief.
But also, Trump isn't a type of leader who wields power according to law. He wields power via status posturing. They might throw some legal jargon out there. But it's just a formality. The reality is a figure like Trump poses a lot of problems for US culture, which is highly authoritarian and doesn't think critically about the nature of power. He and the people he surrounds himself with know this and will lean on it to the end.
Power is a product of belief. If a person is able to make everyone around them behave as if they have power, then they have power. Trump's been, by raw numbers, poorer than a beggar on the street at times in his life. But he presents himself as a wealthy, powerful man. Thus, he gets people to treat him as if he is, and he takes advantage of that to become actually so, even after going bankrupt and losing everything. His whole life is based on this, and as such no matter how badly his mental state degrades, that is a behavior as deeply ingrained as breathing for him.
We like to pretend that power is granted by law, in turn legitimized by collective consent through democratic processes. But this is a laugh. It's common knowledge today that our democratic processes are broken. Corrupted by primary meddling, corporate media collusion, campaign finance scandal, gerrymandering, massive voter disenfranchisement, electoral college, etc.
But the charade of processes and titles is enough that it doesn't matter. Even if the president is the president illegally, they're still the president. Even if they're engaging in illegal behavior, they're still the president. We have precedent for this with Bush, and nobody touched him. He was and is undeniably a criminal, whose crimes cost at least hundreds of thousands of lives. And there have even been attempts at citizen's arrest on him, even after his presidency was over, which were foiled by police. Police preventing the apprehension of a criminal.
Because, according to the charade of processes and titles, Bush is higher on the ladder of social hierarchy, and it isn't anybody's station to enact repercussions against him. It's not really about legitimacy granted by law or anything about that. According to the law, he should be arrested and face consequences. It's about posturing. Status. Perception. If collective agreement puts someone higher on the totem pole, then someone lower on the totem pole will be prevented from leveraging the law against them.
So for anyone to do anything about Trump, simply stating the obvious isn't enough. Whoever actually takes real steps towards correcting the problem has to either feel like they are of a station qualified to challenge the president, or they have to be of a character that cuts through the charade, and trusts they can convince others to see through it with them. That is, convince law enforcement to not stop them from hindering the president, even if the president is a criminal. The legislature can do whatever regarding impeachment. But if Trump just says no and postures, then it's down to mass psychology. Law enforcement and military are social atmospheres deeply entrenched in hierarchical thinking, demonstrably divorced from the actual letter or spirit of any other notion of legitimacy or spirit/letter of law. If Trump simply says no and postures strongly enough about democrats being traitors and he's the real victim and he's the president so the law doesn't apply to him and so on, and enough surrounding executive leadership has been populated with like-minded fascists who support him, it is totally believable to me that the whole thing could amount to empty words. At some point someone has to physically march into the white house and bodily drag Trump's ass out into the street. Someone has to believe it's their rightful place to do that, and not be opposed by others who disagree.
They can do nothing because it is their intention to do nothing. If they won't even issue arrest warrants for people literally defying Congressional subpoenas then they are just proving they have no power. They could actually impeach him and Trump would just say "no", MSNBC would complain for a week and a half, and that'd be the end of it.
As usual, MSH gets it, but I felt it deserved more exploration than this.
I don't just call myself an anarchist because of how I would like the world to be one day. Anarchy is also just the way the world is, because power is an illusion.