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Impeachable Offenses?

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

Impeachable Offenses?

Author Archives: crosbysamuel

NFL Stoking Flames in the House

28 Thursday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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Green, house, NFL, politics of impeachment, Representative

This article reports that Representative Green, in the wake of President Trump’s criticism of NFL players, has pledged to file an impeachment resolution next week. Though unlikely to pass without Republican support, the impeachment resolution could act as a test of Green’s fellow democrats. They are faced with a choice between endorsing impeachment or sitting out of the vote, and in doing so must consider whether the action is premature and whether either path could alienate their voters.

green_speaking.jpeg

 

 

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The Ethical Government Lawyer

25 Monday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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ethics, firing, mckay, Obstruction of Justice, us attorney

In this article from the Creighton Law Review, former US Attorney, John McKay, examines the challenges a government lawyer has in maintaining his integrity, both in general and under the Trump administration. John McKay was ordered to resign, along with 8 others, during the Bush administration in 2007, in an event now known as the “Fired U.S. Attorneys Scandal.”

The following is an excerpt from his article:

“Ethical conduct in the face of power can be daunting. Lessons drawn from the past, including the United States Attorney Firing Scandal, seem applicable in the glare of today’s headlines. Demonstrating a willingness to elevate principle over self-interest, especially when defending the rule of law, is the mark of ethical leadership. Naked power, whether it be Israeli forces utilizing American weapons or emanating from a dysfunctional Oval Office exercise, is ultimately no match for singular acts of conscience.
As those of us who were fired a decade ago well know, there are some principles more important than holding on to an impressive government job title. It seems that the recent firings in the Trump Administration will not be the last. Government lawyers and leaders will be called upon to do the right and ethical thing as required by the law–even if doing so means they, too, might be fired.”

trump8.jpgMario Tama—Getty Images

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Painter Comments on Mueller’s Investigation

23 Saturday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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Comey, Mueller, Obstruction of Justice, painter, russian collusion

Former White House ethics lawyer, Richard Painter, commented on Mueller’s investigation into the firing of former FBI Director, James Comey.  He claims that Trump’s motivation for the firing is central to the potential obstruction of justice charges, which he believes is tied to a meeting the President had with Russian officials the day after.

Richard-Painter-Article-201701200901.jpg

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The Subjectivity of Impeachment

21 Thursday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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email scandal, hillary clinton, political question, subjectivity

This comment was submitted to Impeachable Offenses by an author who wishes to remain unnamed. It examines this article.

Recently, Hillary Clinton did her first televised interview about her loss in the 2016 presidential election. During the campaign, many people (including Clinton) believed that Hillary would make history as the first female President of the United States. Although Hillary won the popular vote, Donald Trump won the electoral votes and the presidency. After Hillary’s devastating loss, she explains that she felt like she “let everybody down.” Clinton dedicated most of her life to politics, which made losing to a real estate billionaire much more shocking.

When asked about what she thought happened during the election, Hillary had a lot to say. She commented that Trump was very good at creating a sort of “nostalgia” for many Americans who were angry because of the financial crash. Trump’s appeals for nostalgia, especially towards the conservative community, seem to have carried over into his presidency. Many of Trump’s attempts to connect with the public include statements that are said to be less than truthful. Some people would even say they are outright lies. Many Americans argue that this is a basis for impeachment, but that raises the question: is lying a crime when not under oath? The laws of impeachment aren’t crystal clear.

Additionally, Hillary acknowledges that one of her “most important mistakes” was using her personal email. While taking responsibility for her actions, she also contends that the FBI’s decision to reopen the email investigation at the last minute destroyed her campaign and cost her the election. Clinton also does not understand why FBI Director James Comey commented publicly on her email investigation but chose to never mention the existence of an ongoing investigation into Trump’s ties with Russia.

President Trump’s opponents began speculating about the possibility of impeachment almost immediately after the election. Among the most prominently mentioned grounds for impeachment include Trump’s lies and the very Russian investigation the FBI kept quiet during the campaign. It is interesting to consider whether, had Hillary Clinton won the election, her opponents would now be arguing just as vocally that her email practices amounted to an impeachable offense. While both Trump and Clinton have faced controversy, the loose definition of an impeachable offense makes their transgressions somewhat subjective. What qualifies as an impeachable offense seems to depend somewhat on the political party of the offender as well as the majority party in the House and Senate. Because of a Republican president and Republican dominated Congress, articles of impeachment against our current president will likely face difficulty.

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A New Approach to the 25th Amendment

18 Monday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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25th amendment, bipartisan, Congress, Eric Posner, Politics, politics of impeachment

This article reports on a proposal made by Eric Posner, a professor from the University of Chicago Law School. He suggests that there is enough ambiguity in the 25th amendment’s phrasing, “unable to discharge the powers and duties of his office,” that Congress could remove the President not only for mental instability, but political instability as well. In pursuit of this idea, he recommends that Congress form a bipartisan committee to evaluate whether the removal of President Trump is justified on these grounds. Such a committee would allow the removal of Trump for less heinous crimes than those required for impeachment. Additionally, even if it fails to do that, it would act as a means of reigning Trump in by reminding him of the consequences of his radical politics.

170816104540-02-donald-trump-0815-exlarge-169.jpg

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Could Sessions be Impeached?

17 Sunday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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dishonesty, Obstruction of Justice, precedent, russian collusion, senate judiciary committee, sessions

This opinion piece, which appeared this morning in the Capital Times, suggests that Attorney General Jeff Sessions may be vunerable to impeachment due to the dishonest testimony he gave to the Senate Judiciary Committee. If impeachment proceedings were pursued against Sessions, it could increase the vunerability of President Trump in two ways: 1) by making Sessions an ally in the Russian collusion investigation, and 2) by creating precedent for impeaching Trump himself.

jeff sessions.jpgMolly Riley/Getty Images

 

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More Collusion via the King of Jordan?

16 Saturday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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bannon, Collusion, flynn, jordan, Kushner, nuclear

This article reports that Michael Flynn, Stephen Bannon, and Jared Kushner had a secret meeting with Jordan’s King Abdullah II before President Trump took office. The article advances the idea that the idea the meeting may have had something to do with an alternative nuclear program, and might have involved Russia.

flynn 2.jpg

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Is Trump’s Base Crumbling?

15 Friday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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base, coulter, immigration, political question, Politics, support

This article reports on the backlash President Trump has received from Ann Coulter following his recent move away from a harsh immigration policy. Comments like Ann Coulter’s “who DOESN’T want Trump impeached?” may seem like litte more than trash talk, but they could represent declining support from the President’s base.

ann_coulter3.jpg

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Another Son Brought into the Mix

14 Thursday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, invesitgation, Michael Flynn, Russian, Son

This article describes a recent update in the Russian collusion investigation. Michael Flynn’s, former National Security Advisor, son has become a subject of investigation.

michael-flynn-ap.jpgAP Photo

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Partial Impeachment: the Power of Congress

13 Wednesday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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Congress, congressional government, political question, sanctions, seperation of powers, take-over

This opinion piece, written Robert Kagan, explores the idea of a congressional take-over of executive power to create a so called congressional government. To defend the merits of this concept, Kagan points to historical instances of congressional take-overs, as well as modern examples, such as the Russian Sanctions. This sort of action may be at least as concievable as impeachment, as it would require less congressional support.

North_Korea_U.S._Congress_90788-44ab7.jpgSusan Walsh/Associated Press

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Frank O. Bowman, III


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Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
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