• Home
  • Mission of This Site
  • Contact

Impeachable Offenses?

~ Examining the Case for Removal of the 45th President of the United States

Impeachable Offenses?

Tag Archives: immigration

The National Emergency; He’s Done It

16 Saturday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

abuse, border wall, Congress, constitutionality, Democrats, Frank Bowman, immigration, impeach, impeachability, Impeachment, invasion, national emergency, national emergency act, power, president, president donald trump, Republicans, senators

President Trump has declared a national emergency to help fund the construction of his border-wall between the United States and Mexico. The move could potentially increase funds from the $1.35 billion authorized by Congress to $8 billion, in part borrowed from Defense spending. Trump has simultaneously categorized the emergency as necessitated by the “invasion” from the south and admitted that he just wants to get the job done faster. Mixed signals such as these, as well as the general nature of what has been dubbed the President’s “vanity project,” have caused many to label Trump’s action as an abuse of his authority.

Professor Frank Bowman previously considered and wrote about the impeachability of Trump in light of such a flagrant declaration of national emergency. His post should be read in full and can be found here. However, to borrow from his conclusion, he wrote that whether such an action is impeachable depends in part on signals of its unconstitutionality. These signals can come in two forms: 1)  a majority vote in both houses of Congress to undermine Trump’s declaration; and 2) a decision by the Supreme Court that Trump’s action is unconstitutional.

Though both high hurdles, neither signal is impossible. It should be noted that several Republican Senators and Representatives have already spoken out against Trump’s declaration. Additionally, the first suit to challenge the constitutionality of the decision has already been filed by Public Citizen.

donald-trump-ap-01-jpo-190215_hpMain_16x9_992.jpgSusan Walsh/AP

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Abuse of Military Power — the Newest Impeachable Offense?

21 Wednesday Nov 2018

Posted by crosbysamuel in Uncategorized

≈ 1 Comment

Tags

5800, abuse, abuse of military power, Britian, caravan, Central America, Frank Bowman, immigrants, immigration, Impeachment, military, president, troops, trump

This opinion piece, published in the New York Times, describes President Trump’s order sending the military to meet the caravan of immigrants at the U.S.-Mexican border as an unprecedented abuse of military power. The caravan referred to is that of the thousands of immigrants moving north towards the United States from Central America. President Trump has used the caravan to boost his anti-immigration rhetoric over the past few weeks. Trump recently ordered that 5800 military troops march to meet the immigrants, an action which the opinion piece above theorizes was taken solely to curry political favor. If that is that case, it would be an unprecedented abuse of military power.

Though what Trump did was technically legal,  the opinion claims that it amounts to an abuse of military power.  To use and move troops for no other reason than to gain political advantage is a first for American presidents. The piece points out that though other presidents have referred to military actions in speeches to increase their popularity, there are no examples of presidents that have taken military action within the United States for no other reason than to curry political favor. It argues politics must be the sole reason for the order because in the past similar border threats have been dealt with by fewer troops and the national guard alone. By treating the situation as a more serious threat, Trump has turned a group of tired immigrants into a national security threat. As such, Trump’s manner of dealing with the caravan amounts to an unprecedented abuse of military power.

Abuse of military power has historically been considered an impeachable offense. Professor Frank Bowman wrote an article about the history of British impeachments (found here), entitled “British Impeachmnets (1376 – 1787) & the Present American Constitutional Crisis.” In it he explores historical British impeachment procedure and specific examples of British impeachments. He cites to several examples of British officers that were impeached for military blunders. For instance, Michael de la Pole, Earl of Suffolk, was impeached for failure to adequately utilize funds for maritime defense and bungling a military expedition to relieve Ghent. In 1626 parliamentary outrage over George Villiers, the Duke of Buckingham’s, military incompetence also led to articles of impeachment.

The phrase “high crimes and misdemeanors” is the vague descriptor of what qualifies an act as impeachable. It can be difficult to tell what the founding fathers intended to fall into that scope. However, the drafters of the Constitution would have known of these British impeachments. An impeachment of a president for abuse of military power does not seem out of the realm of possibility, because of the historical precedent already in place for such a thing, and because the enormous power that is placed with the President as the Commander in Chief. Without a way to rectify abuse of said power there would be little balance between the branches of government. Therefore, it is arguable that in moving 5800 troops to the border Trump has committed another act worthy of impeachment.

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Is Another Shutdown Coming?

07 Wednesday Feb 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

2018, gangs, immigration, impeach, midterms, MS-13, Politics, politics of impeachment, shutdown, trump

The Government passed a stop-gap bill to prevent another government shutdown today; however during bipartisan negotiations Trump said that he would “love to see a shutdown,” if the parties could not come to an agreement over immigration. The comment took place during talks about the MS-13, an international gang. Trump complained that “Democrats don’t want safety.”

It’s a possibility that President Trump was bluffing to achieve greater bargaining strength in the immigration debate. However, if the parties are unable to come to an agreement over immigration, and a government shutdown resulted, it seems likely that Trump would get the brunt of the blame. The majority of people blamed President Trump and Republican Senators for the last shutdown. If another shutdown occured, it could mean a windfall for Democrats in the 2018 midterm elections.

donaldtrump.jpgEric Thayer/Reuters

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Rep. Green is Back on the Floor

19 Friday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Article, article of impeachment, government shutdown, Green, house, immigration, impeach, Impeachment, Pelosi, Politics, politics of impeachment, Representative, shithole, The House of Representatives, trump

Representative Green offered articles of impeachment on the House floor for the second time this morning. Those who read Rep. Green’s first set of articles, will know that they cited Trump’s continued sexism and bigotry, which “underminded the integrity of his office.” Specific examples of said bigoty were his Muslim ban, comments towards the Charlottesville protestors, and his attack on the kneeling NFL players. Added to this list now are the comments President Trump made during the presentation of the bipartisan immigration proposal, insulting immigrants from African nations, Haiti, and El Salvador  — his “shithole” comment. Green claims that Trump is trying to convert his bigotry into policy.

The timing of Green’s resolution is questionable. With a government shutdown looming, and Congressmen’s minds on things such as immigration reform, Green is unlikely to make any headway with impeachment. However, that has not stopped Green before. Despite the fact that House Minority Leader Nancy Pelosi has made it known that she prefers a more diplomatic approach to impeachment, Green has been vocal in the impeachment effort. It seems likely that Green cares less about the success of his efforts than he does about making a statement: that he will not tolerate bigotry in the Oval Office. Frankly, I can’t blame him.

The text of his resolution can be found here.

rep-al-green-tx-getty-photo-640x480.jpgBRENDAN SMIALOWSKI/AFP/Getty Images

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

The Merits of a Strategic Shutdown

16 Tuesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

2018, dreamer, Election, immigration, Impeachment, midterm, Politics, president, racist, shithole, shutdown, trump, wall

If Congress is unable to pass a spending bill by this Friday at midnight, the government will shutdown for the first time since 2013. With elections looming in 2018 and presidential elections in 2020, Parties and the President must decide whether it would be better to allow a government shutdown then to cede their policy concerns. The spending bill is currently stalled over immigration issues. A bipartisan proposal was recently rejected by President Trump, who wanted stronger restrictions on immigration and more funding for his border wall. The Democrats meanwhile are unwilling to cede on certain immigration issues, such as an easier path to citizenship for the dreamers. So the question is then, if the current stalemate were to result in a government shutdown, which party would it reflect poorly on?

President Trump recently tweeted that “the Democrats want to shut down the Government over Amnesty for all and Border Security.” Meanwhile, Democrats are claiming that the President is racist, citing his “shithole” comment. In 2013, both parties tried to blame the other for the government shutdown. Therefore, it is possible that no party will look good in light of a government shutdown. But the President might: Trump has tweeted before that the government needs a good shutdown, and indeed, the comment is in line with the anti-government rhetoric upon which he ran. It may be that the Republican party will be harmed by a government shutdown, however if Trump comes out unharmed, it won’t matter.

ap18009641510185.jpgAssociated Press/Evan Vucci

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Bipartisan Rejection of Sh–hole Comment

12 Friday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 2 Comments

Tags

africa, country, haiti, immigration, Impeachment, norway, Politics, president, shithole, trump, united nations, xenophobic

Congressmen from both the Republican and Democratic parties are condemning the President’s comment on the bipartisan immigration bill. Trump reportedly questioned why we were accepting immigrants from “shithole countries” such as Haiti. Both Republican and Democratic congressmen have stated that the comment was offensive and unacceptable. There has been an international reaction to the comment as well: the United Nations Human Rights Office said the comment was “xenophobic,” and the African Continental Body said the comment was “alarming.” Trump now denies that he made the comment.

Though his comment was offensive, it is certainly not the first offensive comment the President has made. One can hope that this comment will be the proverbial straw that will finally break the Country’s, and Republican’s, tolerance of the President, but that much remains to be seen.

ct-trump-immigrants-shithole-countries-20180111.jpgEvan Vucci / AP

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Is Trump Losing his Political Identity?

10 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

ann, Congress, coulter, davos, economic, forum, identity, immigration, impeach, Politics, politics of impeachment, president, switzerland, trump, world

Two events have caused commentators to question President Trump’s political identity. The first is the meeting on immigration he held with both Democrats and Republicans. Some are saying the President, in an effort to prove his competence, came off as a yes-man, agreeing with conflicting assertions proposed by both parties, and allowing for pork barreling by the congressmen. Trump’s behavior at the meeting has received push back from republican icons such as Ann Coulter. who said he “agree[d] with whatever the last person who sp[oke] . . . . said.” The second event is President Trump’s announcement that he will be attending the World Economic Forum in Davos, Switzerland. Though Trump’s press secretary has said he is attending the conference to talk about “America first” policy, his attendance contradicts the anti-elitist base upon which he ran for the Presidency. Therefore, Americans should be left confused at to what President Trump stands for.

It is unclear how this confusion will affect Trump’s support, but it may be to his advantage. If Republican Congressmen are unwilling to scrutinize the President, then they need only a few examples of his fitness to justify their support. Though the President’s behavior may be contradictory, it is just the sort of smoke bomb he needs to buy himself some time.

171103085825-trump-air-force-one-waving-exlarge-169.jpg

 

 

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Is Trump’s Base Crumbling?

15 Friday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

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

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Blog Owner

Frank O. Bowman, III


Floyd R. Gibson Missouri Endowed Professor of Law
University 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.

  • Follow Following
    • Impeachable Offenses?
    • Join 204 other followers
    • Already have a WordPress.com account? Log in now.
    • Impeachable Offenses?
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d bloggers like this: