George Conway on fiduciary obligations

George Conway, writing in The Washington Post:

The Constitution commands the president to “take Care that the Laws be faithfully executed.” It requires him to affirm that he will “faithfully execute the Office of President” and to promise to “preserve, protect and defend the Constitution.” And as a result, by taking the presidential oath of office, a president assumes the duty not simply to obey the laws, civil and criminal, that all citizens must obey, but also to be subjected to higher duties — what some excellent recent legal scholarship has termed the “fiduciary obligations of the president.”

Fiduciaries are people who hold legal obligations of trust, like a trustee of a trust. A trustee must act in the beneficiary’s best interests and not his own. If the trustee fails to do that, the trustee can be removed, even if what the trustee has done is not a crime.

So too with a president.

A friend with a background in estates and trusts thinks that Conway’s analogy is dead-on. Conway’s conclusion:

White House counsel John Dean famously told Nixon that there was a cancer within the presidency and that it was growing. What the Mueller report disturbingly shows, with crystal clarity, is that today there is a cancer in the presidency: President Donald J. Trump.

Congress now bears the solemn constitutional duty to excise that cancer without delay.