• Home
  • Mission of This Site
  • Contact

Impeachable Offenses?

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

Impeachable Offenses?

Category Archives: Uncategorized

Collusion not Confirmed

05 Thursday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

High Crimes and Misdemeanors, report, russian collusion, senate intelligence committee, update

This article, from the Washington Post, reports that the Sentate Intelligence Committee cannot yet confirm whether President Trump colluded with the Russian government. The Committee reported on their progress yesterday: a series of interviews with those who worked on Trump’s campaign and extensive document review confirmed that Russians had interfered with the 2016 election, but offered no answer on collusion.

Russian collusion is one of the most serious violations the President has been accused of so far, and could mean impeachment. However, the Senate Intelligence Committee estimates we won’t have an answer until the 2018 primaries.

522060185.jpg

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

Is Trump Ceasing to be a Trumpist?

04 Wednesday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

GOP primary, politics of impeachment, Roy Moore, Strange

Trump’s popularity may hinge on a Senate GOP Primary in Alabama, according to this article from Newsweek. President Trump has endorsed Luther Strange as the GOP candidate; however, Strange is running against a far-right, “Trumpist” named Roy Moore, who is far ahead in the polls.

Moore is backed by former White House Chief Strategist Steve Bannon, and represents many of the ideas that brought President Trump into the White House. A rejection of President Trump’s selected candidate in favor of one who reflects his ideals, would suggest that Trump’s unwaivering base may not be so loyal to him as they are to his stated philosophy. If that were the case, then Trump’s more centric actions and his collaboration with the Democrats (some background here) may make his impeachment more likely rather than less.

roy-moore-horizontaljpg-a4abf063a5692ce8.jpgAssociated Press

 

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

Green Backs Down in Face of Vegas

03 Tuesday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Las Vegas, politics of impeachment, representative green, resolution, The House of Representatives

According to this report, Representative Green, who last week resolved to file an impeachment resolution in the House, has had a temporary change of heart. He claims that in the face of the tragedy which happened in Las Vegas on Sunday it would be better to take time to mourn.

1060x600-19dc47de3ae10a3bb436ed402e4e6feb.jpgWashington Examiner

 

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

Done with Doomsday

02 Monday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

framers, politcal question, political upheaval, riots, stone, upheaval, violence

Gene Healy responded, in this blog post on the Cato Institute website, to the predictions of violence and upheaval following President Trump’s impeachment. Said predicitions have been voiced by President Trump’s associates, as well as several legal scholars. However, Healy is not persuaded. He claims that impeachment was not considered to be a catastrophic event by the Framers, nor has it had disasterous effects in the past. Rather impeachment can create positive advances in the law.

lead_large.jpgReuters

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

Mueller Interviews White House Officials

01 Sunday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Collusion, interview, Mueller, Obstruction of Justice, russia

This article, from The Hill, provides an update on the Mueller investigation. As it heats up, he’s begun to interview white house officials, including the chief of staff for the National Security Council, Lt. Gen. Keith Kellogg recently. These interviews may indicate that Mueller is moving closer to an answer on the question of President Trump’s collusion and obstruction of justice.

muellerrobert_062117gn5_lead.jpgGreg Nash

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

Trump and Puerto Rico

30 Saturday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

chase, politcal decision, politics of impeachment, puerto rico

This article gives a summary of President Trump’s interaction with the Mayor of Puerto Rico’s capital, Carmen Cruz. After Cruz claimed that the city needed more federal relief, President Trump reacted strongly with a series of tweets, claiming, amongst other things, that Cruz’s comments were politcally motivated.

President Trump’s comments were innappropriate, considering the state of disaster in Puerto Rico. However, being a jerk probably doesn’t constitute an impeachable offense. But could it?

Chief Justice Samuel Chase was impeached for making politically motivated decisions. While it seems doubtful that a political official could be impeached for making political decisions, what about decisions motivated by ego? When one acts according to their emotional tremors rather than their rationality are they not submitting to a more corrupt body than political parties?

01dc-prexy-sub-master768.jpgBlue/New York Times

 

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

The Right to Cross-Examine

29 Friday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

chief justice, cross-examine, house of representative, Impeachment, precedent, sereno

Chief Justice Sereno, of the Supreme Court of the Philippines, is facing impeachment proceedings. The Filipino impeachment process is similar to that of the United States: impeachment is passed in the House of Representatives and tried in the Senate. Because the impeachment proceedings of the United States and the Philippines are so similar, it is possible precedent set by one system, could influence the other.

One such opportunity for shared precedent has been presented by an appeal of Chief Justice Sereno; summarized in this article. Sereno has claimed that she has the right to cross-examine witnesses used a resources in the House of Representatives. Her claim is a departure from the traditional impeachment process: cross-examiniation occurs during the trial in the Senate. Therefore the outcome of her claim could prove to be an interesting development for the Philippines and possibly the United States.

sereno1-0809-620x349.jpgPHILIPPINE DAILY INQUIRER / RAFFY LERMA

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

NFL Stoking Flames in the House

28 Thursday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

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

 

 

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

Kneeling linebackers and the path to impeachment

25 Monday Sep 2017

Posted by impeachableoffenses in Uncategorized

≈ 3 Comments

Tags

Curry, High Crimes and Misdemeanors, Lebron, NFL, politics of impeachment

Most of my writing on this site is devoted to the technical legal issues raised by Mr. Trump’s misadventures and the constitutional riddle of what constitutes an impeachable offense.  I hope readers find these discussions useful.  Nonetheless, Mr. Trump’s vulgar, tawdry, racially incendiary feud with protesting NFL players is a reminder that the path to impeachment, if it exists at all, will be opened by public sentiment, not legal argument.

Any discussion of presidential impeachment is bounded by two apparently contradictory realities. On the one hand, then-congressman Gerald Ford was right that, as a practical matter, “An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.” In the other hand, our historical practice has been to read “high Crimes and Misdemeanors” fairly narrowly and to shrink from actually removing presidents from office.

No American president has been both impeached by House and convicted and removed by the Senate. President Nixon resigned rather than face impeachment, but only after the release of the Watergate tapes caused his public support to collapse. President Clinton survived trial in the Senate not, I think, because he was factually innocent of the charges against him. Rather, his public support remained high, indeed grew, during the impeachment controversy, and a majority of the Senate concluded that his removal from office for what most people viewed as unseemly, but not disqualifying, lying about sex, would outrage the electorate.

In Mr. Trump’s case, I have identified one provable impeachable offense — the Arpaio pardon. Others have contended that what is known of Mr. Trump’s financial entanglements and of his efforts to quash the Russia investigation amount to impeachable violations of the emoluments clauses and obstruction of justice statutes.  Evidence of other conduct that could be categorized as impeachable by serious people may well emerge over the coming months. But none of it – none of it — will matter so long as Republicans hold the House and Mr. Trump holds the allegiance of 40-some percent of the electorate as a whole and three-quarters or more of Republican voters.

No majority-Republican House will ever vote to impeach Mr. Trump, or even to investigate the question seriously.  In an earlier era, there might have been enough public-spirited Republicans to open an inquiry, if the facts were egregious enough. But the extreme polarization of the House, and the death grip on the House Republican caucus enjoyed by its right-most fringes would surely foreclose such a development. Even if the Democrats flip the House in 2018 and proceed to impeachment, conviction in the Senate would require a dozen or more Republican votes.  Those votes will never be available as long as Republican senators face a credible threat of primary challenges from the Trumpian right.

Therefore, unless and until Mr. Trump loses the active support of something approaching half of the primary-voting base of the Republican party, his lease on the White House is secure until 2020. It may not be necessary that half of all Republicans openly repudiate him, but close to half must become sufficiently disillusioned that Mr. Trump’s removal would become a matter of relative indifference rather than a cause for tribal fury.  Then, and only then, will he become vulnerable to impeachment.

Which brings us back to the NFL.  There has been a good deal of brow-furrowing analysis of the perverse cleverness of Mr. Trump’s insult campaign against kneeling NFL players.  And I suppose it is clever in the sick sense that he is managing to inflame the latent hostility of fans who obsess over the game, but nonetheless privately, even subconsciously, resent the players’ wealth and status, by reminding the fans that a whole lot of these guys are black.  Trump’s genius is the sadist’s gift of finding every raw nerve, suppressed neurosis, and healing wound in the body politic and poking at it.

Mr. Trump’s sadism secures him the loyalty of the angry and the insecure who constitute a large fraction of his political base. And I’m sure that his NFL tantrum will go down well enough with many of these. But does there come a point when he has simply gone too far?  A point when the loyalty or at least amused patience of tribal Republicans begins to crumble under the weight of the ceaseless tide of insults directed at nearly every admired figure in American life?

I certainly don’t know the answer to this question.  But I can’t help but believe that getting into a fight with Lebron James, Steph Curry, the Golden State Warriors, and the whole NFL establishment is a bad move for a guy whose base is disproportionately made of folks for whom professional sports generally and football in particular are near to religion.  It would be sickly ironic if the mass affinity for Trump that survived his insults to a genuine American hero like John McCain began to crack over a cheap feud with sports stars, but somewhere there must be a straw that will break this pestilent camel’s back.

 

 

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...

The Ethical Government Lawyer

25 Monday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

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

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
Like Loading...
← Older posts
Newer posts →

Blog Owner

Frank O. Bowman, III


Curators' Distinguished Professor Emeritus
Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
Univ of Missouri School of Law

Web Profile

Enter your email address to follow this blog and receive notifications of new posts by email.

Professor Bowman on Impeachment »

Bibliographies

Explore bibliographies categorized by author and subject, and find other resources.

Posts by Topic

  • The Case for Impeachment
  • Defining Impeachable Conduct
  • Impeachment on Foreign Policy Grounds
  • Impeachment for Unfitness
  • Obstruction of Justice
  • Abuse of Criminal Investigative Authority
  • Election Law Violations
  • Foreign Emoluments
  • Conspiracy to Defraud the   United States
  • Politics of Impeachment
  • Lying as an Impeachable Offense
  • Abuse of Pardon Power
  • Electoral College
  • House Impeachment Resolutions
  • The Logan Act
  • The Mueller Investigation
  • Impeachment of Missouri Governor Greitens
  • Historical Precedent for Impeachment
  • Messages from Professor Bowman

Student Contributors »

Enter your email address to follow this blog and receive notifications of new posts by email.

Blog at WordPress.com.

  • Subscribe Subscribed
    • Impeachable Offenses?
    • Join 199 other subscribers
    • Already have a WordPress.com account? Log in now.
    • Impeachable Offenses?
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d