From The Other Side Of The Bench

By David J. Seidemann, Esq.

When one is consumed with jealousy, all rational thinking goes on vacation. The merits of the argument are irrelevant. Meritless arguments become one’s reason to live. And the man driven by jealousy, when afforded a platform, whips others into a dangerous frenzy. The others driven into the frenzy most often don’t even know what the fight is about; they don’t know or care if the fight has merit or not.

The biblical Kehath had four sons: Amram, Yitzhar, Hevron, and Uziel. Korach was the son of Yitzhar–the elder brother of Hevron and Uziel and the younger brother of Amram. Aharon and Moshe were the children of Amram. Elitzaphan was the son of Uziel, the younger brother of Korach’s father, Yitzhar. If you are not lost yet, although Korach was the son of Yitzhar, who was older than Uziel,  Uziel’s son Elitzaphan became the nasi, the prince, of that tribe of Levi, bypassing his older cousin Korach.

But Korach did not challenge Elitzaphan’s appointment, though that argument might have some merit. Instead he challenged the authority of Moshe and Aharon, who were the children of Amram, the older brother of Korach’s father. That challenge had no merit to it. But it didn’t matter. Korach was so consumed by jealousy that he bypassed an objection that might have had merit and adopted a fight that had zero merit. And he whipped 250 or so others into a meritless fight, because those 250 had no merit to a claim against anyone in Korach’s family. They didn’t even know what they were protesting, and it didn’t matter that Korach’s challenge had zero chance of success.

Anyone have an extra bible to send to Robert Mueller?

The leftists’ obsession with Mr. Trump’s victory last November, their insane jealousy and inability to accept that Hillary lost, serves as the basis for numerous meritless investigations in a battle that they cannot win. But it doesn’t matter, because all rational thinking has gone on vacation–permanently.

If the Russians interfered with the 2016 election, it happened on Obama’s watch. And if the Russians did interfere, Comey and all of the other witch hunters have already concluded that no footprints lead to Trump. So that “Korachian” fight is going nowhere.

But the frenzied mob can’t be denied, so they prod onward in search of another argument, another losing argument: “obstruction of justice” by the president who, by every constitutional interpretation, cannot be guilty of obstruction of justice, not on the merits and not procedurally.

Procedurally, a sitting president cannot be indicted, tried, or convicted by any court, judge, or jury in this country. And addressing the merits, a president has the constitutional power to shut down any investigation, hire or fire any FBI director, and terminate the work of any special prosecutor.

Moreover, expressing the “hope” that a suspect is cleared of any wrongdoing does not fit the legal definition of obstruction of justice, whether expressed by the president of the United States or any other human being.

But it doesn’t matter to those on a mission, a mission without merit. It doesn’t matter, because their rational thinking has gone on vacation–a vacation that has gone on way too long and from which it doesn’t look like they will be returning anytime soon.

David Seidemann is a partner with the law firm of Seidemann and Mermelstein and serves as a professor of business law at Touro College. He can be reached at 718-692-1013 or ds@lawofficesm.com.

 

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