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Impeachable Offenses?

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

Impeachable Offenses?

Category Archives: Articles

Mueller Under Fire

16 Saturday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, Department of Justice, investigation, Mueller, political question, Politics, Special Counsel

Special Counsel Robert Mueller has been under attack by both President Trump and the Department of Justice. President Trump has called the FBI investigation into his campaign’s connections with Russia a “Democratic hoax,” and has brought into question the Bureau’s efficacy. Meanwhile, the Department of Justice has been playing a subtle political game with the FBI, by releasing the text messages exchanged between investigators on Mueller’s team which criticized Trump. All of this comes in the face of General Flynn’s cooperation with the Mueller campaign. Though defensive measures are not clearly indicative of guilt, they suggest a strong motive to hinder the investigation. More information may surface after Mueller meets with the President’s legal team next week. 

robert-mueller-gty-jpo-171101_31x13_992.jpgTom Williams/Getty Images

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Manafort in the Ukraine

10 Sunday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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campaign manager, gag-order, indicment, Manafort, russia, russian collusion, ukraine

Special Counsel Mueller is protesting against Paul Manafort’s, Trump’s former campaign manager’s, petition to have his house arrest lifted pending his trial. Manafort was indicted for assiting in the Russian interference of the 2016 Presidential election — his charges include money laundering and failing to register as a foreign agent. Judge Amy Berman Jackson had ordered Manafort not to discuss his case in the media. Mueller, however, alleges that Manafort violated said gag-order by collaborating on a piece about himself and his efforts in the Ukraine for a Ukranian newspaper.  His alleged coauthor is Konstantin Kilimnik, a Russian with, Muller claims, ties to Russian intelligence.

The article at issue addressed Manafort’s efforts in the Ukraine, describing them as “pro-western.” However, an account of Manafort’s efforts in the Ukraine seem to contradict that narrative (see this article decribing Manafort’s activities in the Ukraine). At best, Manafort’s work in the Ukraine could be described as merely political, and at worst it may be seen as pro-Russia.

15MANAFORT1-master675.jpgThe New York Times/Eric Thayer

 

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Kushner Talks with Mueller

30 Thursday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, Kushner, Mueller, russia, russian lawyer, Special Counsel

Earlier this month Jared Kushner, President Donald Trump’s son-in-law and advisor, was questioned by special counsel Robert Mueller’s team of investigators.  This questioning was apparently related to the prosecution of former national security advisor Michael Flynn. Flynn’s lawyers recently stopped communicating with Trump’s, leading some commentators to believe that he is planning to inform on other members of the Trump campaign. It is unclear how Kushner’s interview impacts that theory; however, Kushner was present for the Russian lawyer meeting at Trump tower, and, if he cares to share, may have important information on collusion between Russia and the Trump campaign.

104740519-RTS1DWVH-kushner.530x298.jpgJonathan Ernst | Reuters

 

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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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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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