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Impeachable Offenses?

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

Impeachable Offenses?

Category Archives: Articles

Mueller to Interview Trump

09 Tuesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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2018 midterms, Collusion, Comey, FBI, firing, impeach, Impeachment, interview, investigation, Mueller, Obstruction of Justice, Politics, Putin, Special Counsel, trump

Special Counsel Mueller intends to interview President Trump soon, a decision which some believe signals the nearing of the end of his investigation. Though Trump has said that he is happy to talk about Russian collusion, a conversation he believes he will clear his name, his lawyers are scrambling to find a way to avoid or limit Mueller’s interview. Commentators believe what they are trying to avoid are questions about obstruction of justice: namely the firing of former FBI Director James Comey, and the lies former national security adviser, Michael Flynn, told the FBI.

Regardless of the motive for the interview, however, the timing could not be better for Democrats. With the 2018 midterms fast approaching, should Mueller’s investigation come to a close soon, its results may be a boon to Democrats running for Congress. And of course, if Democrats are able to obtain a majority in the House and Senate, impeachment will become more likely.

robert-mueller-mckelvey_j4wbro.jpegAlex Wong/Getty Images

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Bannon Switching Sides

04 Thursday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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bannon, Collusion, Conspiracy, conspiracy to defraud the united states, populism, russian lawyer, treason, trump, Trump Tower, wolff

The world is abuzz today with talk of Steve Bannon’s comments in Michael Wolff’s new book, “Fire and Fury: Inside the Trump White House.” Most notably, Bannon, former Chief Strategist, claimed that the meeting between Donald Trump Jr. and the Russian lawyer in the Trump Tower was treasonous. The President fired back at Bannon, claiming that he had lost his mind, and had very little influence over the White House while he was involved.

It unclear how much weight to put on Bannon’s opinion as to whether or not the Russian lawyer meeting was “treasonous” — he is a journalist, not a lawyer; however his comments are significant for another reason. The exchange between Bannon and Trump represents a clear break in their relationship. Bannon connected with Trump’s populist base, and though Bannon was fired months ago, he has still had influence on the President’s decision-making. So, now that a break has finally and fully occured, one has to wonder whether Trump’s support will wane. As the President’s base continues to shrink, impeachment becomes more likely.

ct-donald-trump-steve-bannon-russia-20170217.jpgMario Tama / Getty Images

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What to do about Trump’s Mental Health?

03 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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25th amendment, dementia, Politics, removal, trump, water

This article from the Atlantic takes a close look at President Trump’s mental health, and the inability of our legal system to deal with a cracked President. Over the past year there has been a lot of speculation as to the President’s capacity, and even calls to utilize the 25th amendment to remove the President should he prove mentally unfit. The President’s tweets (such as the recent one about his ‘nuclear button’), his speech, and even the manner by which he takes a drink of water are all seen as indicators of his lack of mental capacity. But should this speculation prove to be accurate, and Trump actually suffers from some sort of dementia, it seems there is little that can be done. The 25th amendment is the usual mechanism for removing an unfit president, but that requires that the President’s cabinet declare him unfit, and that 2/3 of Congress vote to remove him. That make it an arguably higher standard than impeachment. Therefore, if Trump (continues to) prove himself unfit, it may be that impeachment is still the worried citizen’s best bet.

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Chairman Nunes on the Prowl

01 Monday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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firing, house intelligence committee, Mueller, nunes, Politics, Representative, special investigation

Representative Nunes, Chairman of the House Intelligence Committee, is using his position to take an offensive role against the Federal Bureau of Investigation (FBI). Nunes intends to issue a contempt citation against the agents who sent texts about President Trump,  and plans to issue a corruption exposé about the FBI. There has been some speculation that these offensive tactics, indicate that Special Investigator Mueller will soon be fired. If Nunes carries out his intentions, it may help to build a case for said termination.

download.jpgAP Photo

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Will Republican Senators Remove Trump

30 Saturday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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anti-institutionalism, flynn, Impeachment, LA times, Obstruction of Justice, Politics, politics of impeachment, removal, republican, senators, trumpism

I read a piece from the L.A. Times this morning, which opined that though Mueller’s case for obstruction of justice is growing stronger with recent revelations surrounding Michael Flynn, it seems unlikely that Republican Senators will vote to remove the President. Rather they will try to cut down the credibility of  Mueller, as President Trump has done in recent weeks. It’s hard to say this lack of faith in the Republican Party is not warranted. With a few exceptions, Republican Senators have been reticent towards, and even supportive of, President Trump’s actions, which have ranged from unorthodox to corrupt. However, it seems to me that not all is lost in the Republican Party. Not, at least, if we can assume that the Party answers to its base.

President Trump rode into office on a wave of anti-institutionalism. His support came from the people’s distrust of big government. So what will happen when it is revealed that Trump has become the thing which he rallied his supporters against; when he becomes the face of corrupt government? What if then, instead of clouding the truth and pointing fingers, Republicans acted with integrity? What if Republican Congressmen finally said ‘enough is enough’? I can’t be sure, but I can only imagine that the Republican base, a base which has grown tired of deceitful government officials, would rally around them.  It would be a huge win for a party which has been burdened by “fake news” for the past year. And it would be an inspirational act: the sleeping elephant awoken, to finally trumpet its unbridled trunk.

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FBI Investigation “Tainted” — A Message for the New Year

26 Tuesday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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clinton, Collusion, Conspiracy, conspiracy to defraud the united states, dossier, hillary, Politics, russia, russian official

Trump is now claiming that the dossier, which summarized the investigation of the Trump campaign’s connection to Russian Officials, has tainted the ongoing FBI investigation. The dossier was published by a private firm, hired by the Democratic National Convention and the Clinton Campaign. It appears Trump has taken the offensive, claiming that the dossier is unsubstantiated, and has corrupted the ongoing FBI investigation. Such claims could be indicative of a troubled administration, and may just set the tone for the new year. One can find the text of the dossier itself here.

Botsford171026Trump21536-1024x683.jpgJabin Botsford/The Washington Post

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Poor US-Russia Relations and What to Make of Them

24 Sunday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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cold war, Collusion, conspiracy to defraud the united states, eastern, militias, Putin, trump, ukraine, weapons

One does not have to be an avid reader to know that Trump’s presidency has been marred with suspicions of and evidence of collusion between the President’s campaign and Russian officials; which makes the deteriorating relationship between the United States and Russia all the more confusing. Conflict between the two nations has been heating up through the proxy of the Eastern Ukraine, where Russia is battling for control. The United States has given the Ukraine weapons to fight off Russian Militias, and has condemned the Russian interference in a National Security Strategy report. Despite these actions, however, Trump still speaks of Putin as if they are chummy. So, what is one to make of this double-speak (and double-action)? If there was collusion between Putin and Trump, has their relationship deteriorated since? Did Putin simply bet on the wrong horse? Or could this conflict be part of a larger plan?

06321985_2ffbc90ce085561de1c79b7098820fdb.nbcnews-ux-2880-1000.jpgMIKHAIL KLIMENTYEV/SPUTNIK/KREML /EPA

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Moving Away from Originalism

22 Friday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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andre de luc, constitution, interpretation, journal, new hampshire

Andre De Luc in his article, Competing Accounts of Interpretation and Practical Reasoning in the Debate over Originalism, argues that to make progress in constitutional interpretation, academia needs to move away from the originalism debate. As an example of the fruitlessness of said debate, he points to the constitution’s instructions for impeachment. Bizarrely, in the impeachment of a vice president, the vice president himself, as the head of the Senate, would preside over his own trial. De Luc claims that such odd results come from an overly strict interpretation of the constitution, and that the focus on originalism has stopped academics from exploring alternative, more flexible options for interpretation.

constitution-426x225.jpg

 

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How the Tax Reform Impacts Impeachment

20 Wednesday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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2018, Congress, midterms, politics of impeachment, republican, tax, tax plan

The Washington Post has provided an analysis of how the new tax code is set to impact party support in the upcoming years. It notes that the majority of both blue collar Americans and college graduates do not support the plan; however middle class Americans are set to benefit in the short run through tax cuts. If these benefits are realized soon, that may mean that the Republican party maintains its majority in Congress through the 2018 midterms, which will substantially decrease the likelihood of impeachment.

mitch-mcconnells-office-dismisses-report-that-the-republican-tax-plan-is-already-in-danger.jpgAlex Wong/Getty Images

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The New Email Scandal

18 Monday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, email, Mueller, political, russia, Special Counsel

Special Counsel Mueller has obtained emails belonging to ‘Trump for America’ (TFA), the team which assisted in President Trump’s transition into the White House. The emails apparently reveal that several campaign members were aware of General Flynn’s communications with the Russian Ambassador, and serve to further establish the foundation for collusion permeated throughout the Trump campaign. Trump’s legal team is claiming that the emails were obtained improperly, and violate attorney-client privilege. Mueller denies the claim.

18dc-emails-master768.jpgAlex Wong/Getty Images

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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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