• 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: impeachable offense

Manafort Flips Again

27 Tuesday Nov 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

campaign chairman, Collusion, Conspiracy, impeachable offense, Impeachment, indictment, lying, pardon, paul manafort, plea agreement, president, Robert Mueller, russia, russians, Special Counsel, trump, wikileaks

Special Counsel Robert Mueller has submitted court filings indicating that his team will not be recommending that Paul Manafort’s, President Trump’s former campaign chairman, sentence be reduced as previously considered, because Manafort has not been cooperative with his investigation. Manafort plead guilty to two counts of conspiracy pursuant to a deal he made with prosecutors; however, contrary to that agreement, Manafort has been lying to authorities (about some unspecified things). David S. Weinstein, a former federal prosecutor, believes Manafort’s lack of cooperation may be due to a belief that he will ultimately receive a pardon for his crimes. The consequences of such a pardon and similar pardons have previously been considered on this blog.

manafort.jpg

 

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Trump’s Escalating Assault on the Rule of Law: The True Ground for Impeachment

03 Monday Sep 2018

Posted by impeachableoffenses in Uncategorized

≈ 2 Comments

Tags

Ben Sasse, Chris Collins, Constitutional norms, Department of Justice, Duncan Hunter, Grounds for impeachment, impeachable offense, Jeff Sessions

By Frank Bowman

As many others have observed, the longer the Trump era continues, the more we become desensitized to almost-daily assaults on basic norms of republican government and the rule of law.

Today, the person in the White House issued a Tweet that, in any previous era, indeed even a year ago, would have summoned an avalanche of condemnation from every corner of the civic and political world.  He said:

Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff……

In short, Mr. Trump is saying — openly, plainly, overtly, with no tinge of embarrassment or shame — that the United States Department of Justice should not indict crooked politicians if they are of the same party as the president.

The fact that the two congressmen in question are, without serious question, as guilty as it is possible to be — Duncan Hunter stole at least $250,000 in campaign funds and spent it on himself and his wife, and in 2017 Chris Collins was photographed committing insider trading while on the White House lawn — cuts no ice with Trump.  The idea that the job of the Department of Justice is to prosecute the guilty regardless of party is as far beyond Trump’s comprehension as the particulars of Einstein’s theory of relativity.  Every component of the federal government exists only to serve him. The Justice Department exists to punish his enemies and sweep the sins of his sycophants under the rug.  And he no longer bothers even to pretend otherwise.

Let us be absolutely clear on one point — No other president in the history of these United States has ever publicly said anything remotely approximating Trump’s outburst today.  So far as we know, only one other president has privately entertained such views … and when they became public knowledge in the Watergate scandal, he was forced to resign to avoid impeachment.

But as sure as eggs is eggs, the response from Republicans to this historic repudiation of a bedrock principle of American governance will be … silence.

And even among Trump’s opponents, outrage will be muted.  Because one can sustain fury, even when fury is merited, only so long.  And the outrage will be fleeting.  Because, since Trump knows nothing he says or does will evoke even a muted whimper of protest from the organization formerly known as the Grand Old Party that now cringes at his feet, tomorrow will bring a new abomination that will supplant memory of today’s. He is slowly — no, not slowly, but with frightening speed — warping our collective sense of tolerable behavior in public office, indeed of right and wrong itself.

Should Democrats win control of Congress in November, and should they be disposed to consider impeachment, this is where their attention should focus.  Not, for heaven’s sake, on whether he paid off two women of doubtful virtue (and even more doubtful discrimination in their choice of personal companions) to keep them quiet.  Not on whether Trump did or didn’t know in advance about the dodgy Trump Tower meeting with the Russian envoys.  The central impeachable offense here is not personal immorality, or incidental violations of this or that statute, or even an obvious willingness to accept electoral assistance from a longstanding national foe.  All of these are evidence of Trump’s primary impeachable offense, but are not the offense itself. The core of any impeachment effort must rest on Trump’s daily destruction of the norms of behavior that make constitutional government possible.

Since 1640, when Parliament impeached the Earl of Strafford for his efforts to elevate royal prerogative over the common law and substitute the will of the monarch for the judgment of Parliament, it has been an impeachable offense “to subvert the ancient and well established form of government … and instead thereof to introduce an arbitrary and tyrannical way of government.”  That’s what we face in the United States in 2018.  And we need to be bold and honest enough to do something about it.

NOTE: Since I first posted this yesterday, the Republican response (with the single exception of Sen. Ben Sasse R-Neb., who is not running for reelection) has, as predicted, been … silence.

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Mueller indicts some Russians … and the noose tightens

17 Saturday Feb 2018

Posted by impeachableoffenses in Uncategorized

≈ 2 Comments

Tags

impeachable offense, indictment, Indictment of Russians, Marco Rubio, Mueller, national security, Robert Mueller, Rod Rosenstein, Steele dossier, Ted Cruz

By Frank Bowman

Yesterday, Deputy Attorney General Rod Rosenstein announced that Robert Mueller’s team had obtained an indictment against thirteen Russian persons and three Russian firms charging them with a variety of crimes committed in the course of an integrated scheme by the Russian government to swing the 2016 presidential election to Mr. Trump.  I’m not going to discuss the details of the indictment here; they are well-covered elsewhere, including in the New York Times and Slate, and anyone who reads this blog will surely  have devoured the particulars.  For now, I’ll make only a couple of points:

  • This is an important development. It puts into the public realm the particulars of the long-reported conclusions of every U.S. intelligence agency that Russia meddled in the 2016 election on Trump’s behalf, and stamps those conclusions with the imprimatur of a federal grand jury.  Mr. Trump, who rarely lets facts constrain his private musings or public utterances, may keep doubting Russian interference.  But except in the more fever-haunted corners of the right-wing media, the fact of Russian meddling on Trump’s behalf now becomes impossible to deny.
  • Ardent Trump opponents will doubtless be disappointed that the indictment does not charge any affiliates of the Trump campaign with knowingly aiding Russians in their nefarious activities.  It does say that Trump campaign affiliates cooperated with Russians in various ways, but is careful to describe such persons as “unwitting individuals affiliated with the Trump campaign.” The key point here, as numerous commentators have observed, is that the particular activities specified in the indictment are of a sort that required concealing Russian involvement.
  • However, this indictment does not address the events most likely to have included knowing collusion with Russians by Trumpists, most notably the multiple efforts by high-level Trump campaign operatives, including Donald Trump, Jr., to obtain “dirt” on Hillary Clinton from Russians; Donald Trump Sr.’s public encouragement of Russian theft of Clinton e-mails; possible contacts between Trump operatives and Wikileaks (which in turn probably got dirt on Secretary Clinton from the Russians); etc.  And this indictment has nothing to say about the possibility that Russia may have secured compromising information about Mr. Trump, thus giving them the sort of leverage over him that would help explain their enthusiasm for his candidacy.
  • Accordingly, the claim by Trump spokesmen that this indictment clears Mr. Trump of “collusion” is nonsense.  All one can say is that this indictment does not address that issue.  Whether subsequent indictments will do so is an entirely different question.

The more intelligent among Mr. Trump’s defenders should be very worried by this indictment.  For these reasons:

  • By laying out in surgical detail a calculated foreign assault on American democracy, it shreds the notion that the Mueller investigation is a partisan “witch hunt.”  In light of the facts laid out in the indictment, the Trumpist effort to blame the whole investigation on a convoluted conspiracy between Democrats and Russians to manufacture the Christopher Steele dossier becomes facially absurd.  That’s not to say Trump allies won’t keep flogging Mr. Steele.  They surely will. But to anyone with even a hint of objectivity, the idea that the Mueller investigation is all about a “dodgy dossier” is now untenable.
  • The indictment makes plain that the Russians were not merely intervening against Hillary Clinton, but were working for Mr. Trump, uniquely among Republican candidates. Among the indictment’s nice details is the fact that the Russians campaign  disparaged not only Secretary Clinton, but also Ted Cruz and Marco Rubio.  This fact gives rise to the obvious question — why Trump?  There are two possible answers, neither of them happy for Trump fans.  Either the Russians simply thought of Trump as the chaos candidate, a man whose ascendance would disrupt American democracy (a sadly prescient notion), or in a more sinister vein, they really do have something “on” Trump in the sense of possessing information about either his personal or business affairs that would render him amenable to Russian pressure.
  • This indictment makes it materially harder for Mr. Trump to fire Mueller and stop his investigation.  To fire Mueller now would halt an investigation into a demonstrated national security threat, something all but the most degraded congressional Republicans would find hard to swallow. Moreover, by choosing to personally announce the Mueller indictment, Deputy AG Rosenstein signaled that the Justice Department as an institution is standing behind Mueller’s work.  Rosenstein is saying, as plainly as if he put up a sign, “To get to Mueller, you have to take me out first.” What’s more, I read this as not merely a personal declaration, but as Rosenstein throwing down the gauntlet on behalf of career federal prosecutors unwilling to be cowed by the bluster of a president under suspicion.  This doesn’t mean Trump won’t go on a firing spree anyway.  But I think this indictment makes that less probable and makes the political cost of such a spasm much higher.
  • Which leads me to the last, and perhaps most critical point. Had Mr. Trump fired Mueller last week, he could (and would) have tried to excuse it as stepping in to stop a frivolous politically-motivated fraud. With this indictment, the Mueller investigation has irrefutably become a matter of protecting national security.  Should Mr. Trump shut the whole thing down now, that alone would, in my judgment constitute an impeachable offense and one that would resonate across party lines.  It would be bad enough for a president to fire a special counsel to protect his personal or political interests.  That would be impeachable behavior, to be sure, but Trump’s apologists could try to justify the firing as mere self-protection against the corrupt activities of evil Democrats and the nefarious “Deep State.”  But for Mr. Trump to shut Mueller down now would be to abrogate, openly and unapologetically, the president’s basic responsibility to protect the country and constitutional democracy itself from foreign enemies.  Even if the degraded specimens who now represent the Republican Party on the House Judiciary Committee were unwilling to move against Trump in such a case, a Democrat-controlled House would view the matter differently.  And I suspect, or at least hope, that a good number of honest Republicans would agree.

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Where Does Impeachment Lie Between High Crimes and Low Morals?

09 Wednesday Aug 2017

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

High Crimes and Misdemeanors, impeachable offense

Click here to read an article that analyzes what behavior could constitute an impeachable offense, and how it falls somewhere below a statutory violation.

Trump-pointing.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: