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Impeachable Offenses?

~ The Use & Abuse of Impeachment in the 21st Century

Impeachable Offenses?

Author Archives: crosbysamuel

Trump Walks Away from SoHo Hotel

29 Wednesday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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foreign emoluments clause, hotel, SoHO, standing, suit, trump

The Trump Organization recently received a buyout deal to walk away from Trump SoHo — one of its hotels. President Trump’s lawyers say that in so doing, Plaintiffs who are suing Trump for violation of the Foreign Emoluments Clause, many of which are competitors of Trump SoHo, will lose standing for their lawsuit. The Foreign Emoluments clause is something which has been considered extensively on this blog. However, if the Plaintiffs lose their standing, confirmation of the violation will be substantially less likely.

trumpdonald_101717gn2_lead.jpgGreg Nash

 

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How Moore Impacts Impeachment

27 Monday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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political question, Politics, politics of impeachment, president trump, Roy Moore

President Trump continues to support Roy Moore‘s Senate candidacy, despite continued allegations of his pedophilic behavior. This has the potential to impact impeachment in two ways. The first is through the public’s reaction. If Roy Moore causes enough voters to turn against the Republican party, then the Democratic party stands to gain a Congressional majority. Though a simple majority is not enough to impeach Trump, it certainly makes impeachment more likely. Which brings us to the second factor: the Republican Party’s reaction. Should Republicans, who have been distancing themselves from Moore, view Trump’s support as a political liability, they may begin to shift away from the President as well. The combined effects of loss of a congressional majority and shrinking Republican support, would make impeachment substantially more likely.

Roy-Moore-750x500.jpgJulie Bennett

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Flynn Cuts off Communication with Trump

24 Friday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, flynn, former national security advisor, implicate, Michael Flynn, Mueller, Obstruction of Justice, russian collusion, Special Counsel

This article from the Washington Post, reports that former National Security Adviser Michael Flynn’s legal team has halted communication with President Donald Trump’s legal team. Norm Eisen, who has worked with Special Counsel Mueller before, believes that the reason for that is that Flynn is planning to implicate a ‘higher up’ in the Trump campaign — possibly Trump himself. That could leave the President on the hook for either collusion or obstruction of justice; either of which is an impeachable offense.

tdy_alexander_flynn_170214.nbcnews-ux-1080-600.jpgNBC News

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What’s all this talk of too soon?

21 Tuesday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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2018 midterms, Pelosi, Politics, politics of impeachment, schumer, voter turnout

Amidst calls for impeachment by both congressmen and the public, some Democrats say the move is premature. Amongst these are House Minority Leader Nancy Pelosi and Senate Minority Leader Charles Schumer who warned the Democrats might “blow their shot.”

But why should premature calls for impeachment make it any less likely? An answer can be found by examing voter turnout trends for midterm elections. If there is to be any hope for impeachment, Democrats need to regain the majority in both houses of Congress. In order to do this in a timely manner, they must win seats in the 2018 midterm elections. If the 2018 elections follow historical trends, things are looking good for impeachment. Historically there has been a presidential penalty. The presidential penalty is caused by voter dissatisfaction with the Office, and generally causes the President’s party to lose seats. Additionally, James E. Campbell described midterm elections as lacking in the “wow” factor of presdential elections, which causes them to have relatively stable turnout compared to the volatile, party driven turnout of presidential elections. That being said, if the 2018 midterms become about whether or not President Trump will be removed from office, they may receive a voter turnout similar to a presidential election. That could be disadvantageous to the Democrats. Rather than Trump supporters staying home and letting the presidential penalty take effect, they may very well surge the polls in defense of their President.

pelosi3.jpg

 

 

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Cohen Files Articles of Impeachment

15 Wednesday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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articles of impeachment, cohen, Green, politcs of impeachment, Politics, The House of Representatives

Articles of Impeach, sponsored by Representative Steven Cohen, were filed in the House today. Five other House Democrats joined Cohen in endorsing the articles: Luis Gutierrez, Al Green, Marcia Fudge, John Yarmuth, and Adriano Espaillat. The articles charge President Trump with obstruction of justice, violation of the foreign emoluments clause, and undermining American institutions, specifically the courts and press.

The text of the resolution can be found here.

1060x600-6302511f2bd35a6c8f50c7aee99d32da.jpgWashington Examiner

 

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Trump Waffles on Putin’s Denial

12 Sunday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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asia-pacific summit, democratic national convention, intelligence community, pompeo, Putin, russia, russian collusion, russian interference

President Trump met with Vladmir Putin informally at the Asia-Pacific Summit on Saturday. He emerged from the meeting reiterating that Putin denied allegations that he had intermeddled with the 2016 presidential election, and claiming that he believed the Russian President. After a strong reaction from the intelligence community, Trump backpedaled his statement, claiming he sides with “our agencies.”

Though Trump now claims to side with the intelligence community, he has done so only through an ambiguous statement of loyalty. It is an especially fledging remark in light of his long defense of Putin, and his attempts to quash the Russian interference story. The President has even gone so far as to direct CIA Director Mike Pompeo to meet with William Binney, a former member of the intelligence community who believes the Democratic National Convention email scandal was an inside job. So, one must wonder what Trump means when he claims to “be with our agencies,” and whether he believes he can be with Putin simultaneously.

download (1).jpgREUTERS

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Green’s Articles of Impeachment

10 Friday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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al green, article of impeachment, christmas, House floor, Politics, politics of impeachment, Representative, representative al green, The House of Representatives

Rep. Al Green, who read his article of impeachment on the House floor last month, is now pledging to put the articles to a vote by Christmas. 

Green’s articles of impeachment, which can be read here, allege that President Trump has “undermined the integrity of his office,” and “brought disrepute on the presidency.” His articles cite specific acts of the President including demonstrations of bigotry and racism through sexist remarks, demeaning NFL players, imposing a Muslim travel ban, accusing President Obama of tapping his phones, and suggesting that transgendered people should not be allowed in the military. Additionally, he alleges Trump promoted violence through his support of the Charlottesville protesters, behaved dishonestly by claiming he won the popular vote, and degraded constitutional rights by suggesting police not act kindly to arrestees.

How much support Al Green’s articles of impeachment will have in the House remains unclear.

al-green-congress-trump.jpg

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Gutiérrez Joins the Impeachment Effort

03 Friday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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al green, articles of impeachment, Luis Gutiérrez, nancy pelosi, Politics, politics of impeachment, steve cohen, The House of Representatives

According to this article from the Hill, Representative Luis Gutiérrez is supporting a group of Democrats who intend to file new articles of impeachment against President Trump this month. This action comes at the exasperation of Minority Leader Nancy Pelosi, a critique of the premature focus on impeachment; however, Rep. Gutiérrez claims that in light of the recent indictments (talked about here) the time is right. Representative Green, who has read his own article of impeachment to the House floor, agrees that it is not necessary to wait for the results of the Mueller investigation, because “impeachment is political” not criminal.

Whether Reps. Green and Gutiérrez are correct about the timing of impeachment remains to be seen, but it seems very unlikely that talks of impeachment will be quelled anytime soon. Things in the House are hot and getting hotter.

o-LUIS-GUTIERREZ-facebook.jpg

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The Collusion Case Grows Stronger

30 Monday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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Chaika, Conspiracy, conspiracy to defraud the united states, Kushner, Manafort, prosecutor general, Putin, russian collusion, russian lawyer, Trump Jr., Trump Tower

This article, from the New York Times, reports that evidence of collaboration between the Russian lawyer, Veselnitskaya, and high ranking Russian officials has surfaced. Ms. Veselnitskaya met with Donald Trump Jr., Jared Kushner, and Paul Manafort last year at the Trump Tower, and the meeting was the subject of some scandal (more can be read about that here). However, Veselnitskaya has claimed to be an independent actor, which helped to undercut talks of collusion. That is until now.

Evidence shows Ms. Veselnitskaya may have been collaborating with Russian prosecutor general, Yuri Chaika. The talking points which Ms. Veselnitskaya brought to the meeting incorporate language from a memo Mr. Chaika had given to an American Congressman two months earlier, and there is evidence that Veselnitskaya had discussed her meeting with Chaika in the months proceeding it. Additionally, Veselnitskaya has a history of collaboration with Chaika.

If it can be established that Ms. Veselnitskaya was, in fact, an agent for the Russian government, then the allegations of Russian collusion will be strengthened. Though she did not meet with the President himself, she met with his family and advisors, and so the talk could be characterized as a meeting of agents.

veselnitskaya.jpgMartyanov — Getty Images

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The Significance of Flake’s Retirement

25 Wednesday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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2018 midterms, Arizona, bob corker, Jeff Flake, political question, Politics, politics of impeachment, Senate, Senator

Senator Jeff Flake announced on Tuesday that he will not be seeking reelection, and this article, from Politico, says that could be good for the Republican party. Flake is a loud critic of President Donald Trump, and that hasn’t not won him friends in the electorate: he hasn’t gained Independent or Democratic votes, and has alienated Republicans in the process.

So, what does this mean for impeachment? It goes back to yesterday’s discussion of Trump’s relationship with the Senate. If Trump’s dissenters are pushed out of Congress, then impeachment chances suffer. It may be that the President will have to do something particularly egregious to make enough enemies in Congress for impeachment to become an actuality.

160729-jeff-flake-ap-1160.jpgAP Photo

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Frank O. Bowman, III


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Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
Univ of Missouri School of Law

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