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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: politics of impeachment

Is Another Shutdown Coming?

07 Wednesday Feb 2018

Posted by crosbysamuel in Articles, Uncategorized

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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

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Rep. Green is Back on the Floor

19 Friday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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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

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Is Trump Losing his Political Identity?

10 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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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

 

 

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A Mad Week: As Trump’s Unfitness Becomes Ever Plainer, Republicans Maneuver to Protect Him

06 Saturday Jan 2018

Posted by impeachableoffenses in Uncategorized

≈ 1 Comment

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Clinton Foundation, Fire & Fury, Graham, Grassley, hillary clinton, Jeff Sessions, Justice Department, Michael Wolff, Mueller, politics of impeachment, Steele

By Frank Bowman

During the past week, two discordant trends gathered strength in the parallel universes inhabited by the increasingly Trumpist Republican Party and pretty much everyone else.

One the one hand, evidence of Mr. Trump’s unfitness for office continued to mount.  Michael Wolff’s book about the Trump campaign and his early days in office, Fire & Fury, was breathlessly previewed, and then released early in the face of a threat by Trump to sue to stop it.  Whether or not all the details of the book are accurate, the thrust of its portrayal of Trump — an unprepared, barely literate, narcissist who ran for president as a brand-building stunt, never expected to win, and lacks the minimum levels of intelligence, rectitude, maturity, discipline, and psychological stability necessary for the job — is entirely consistent with the existing public record.

Mr. Trump is reportedly furious about the book, and his handlers have furiously disparaged both book and author.  But, typically, Trump’s own uncontrollable compulsion to return fire merely confirmed the truth of the book’s portrait of a man both pathologically insecure and cripplingly wanting in self-awareness.  This morning, in response to Wolff’s disparagement of his intelligence and stability, Mr. Trump tweeted that he is “a very stable genius.”

Meanwhile, at the other end of Pennsylvania Avenue, congressional Republicans seem to be unaffected by the ceaseless accretion of proof that Mr. Trump is dangerously unsuited to be president.  Indeed, as Trump’s troubles increase, an increasing number of Republican legislators evince a readiness to undermine long-standing governing norms to protect him.

Trump and his defenders obviously view the Mueller investigation as a major threat to the administration.  It is increasingly plain that an important faction of Republican legislators also see Mueller as a threat, although it is unclear whether they are most concerned about the danger Mueller poses to Mr. Trump, or the danger that adverse conclusions by Mueller would pose to Republican electoral prospects in coming down-ballot elections.  Regardless, a two-pronged Republican strategy seems to be emerging.

Prong one involves attacking Mueller directly, with insinuations that he and his team are servants of an anti-conservative “deep state” embedded in the Justice Department and FBI, and calls for the resignation of AG Jeff Sessions so that he can be replaced by someone who could control Mueller’s supposed “witch hunt.”

Prong two is a transparent, but deeply dangerous, effort to divert attention from Mueller’s work by pressing for federal criminal investigations of Hillary Clinton, the Clinton Foundation, former members of the Obama Administration, and others who are either already recognized boogiemen to consumers of far-right media or, like James Comey, are persons whose reputation for probity threatens Trump.

I have previously deplored the willingness of the Republican members of the House Judiciary Committee to call for legally baseless investigations of Hillary Clinton and her campaign.  Such requests are corrosive of the rule of law inasmuch as they seek to politicize the criminal investigative apparatus of the federal government.  Worse, they undermine democracy itself by transforming elections into struggles to the death in which all tactics, however reprehensible, are justified by the imperative to avoid losing in an arena where losing could mean prison, or at least the crippling cost of endless investigations.

The latter consequence has now materialized for Secretary Clinton, as it was this week reported that the Justice Department has opened, or re-opened, investigations into the Clinton Foundation and perhaps the e-mail matter. In short, Jeff Sessions’ Department of Justice has folded under political pressure and in the process severely damaged its own institutional credibility.

Until this week, I was somewhat comforted by the relative restraint of Republican senators, some of whom had signaled opposition to any effort to fire Mueller or distort the ordinary professional judgments of the Department of Justice.  However, my tentative confidence in the relative rectitude of Republican senators was shaken this week when Senators Charles Grassley (R-Iowa) and Lindsey Graham (R-S.C.) made a formal referral to the Justice Department suggesting that criminal charges be brought against Christopher Steele, the former British intelligence agent whose consulting company assembled the famous dossier about Trump’s connections with Russia.

It is, to be frank, doubtful that the Justice Department will take serious action on this request.  But the mere making of it is plainly part of a larger strategy to diffuse the impact of the Mueller investigation, and to discredit Trump critics and sources of information about his Russian contacts. In short, at least some Republican senators are now joining in the deeply dangerous, profoundly corrosive tactic of using the Department of Justice as a pawn in the game of protecting Donald Trump.

Again, the dissonance between the mounting evidence of Mr. Trump’s unsuitability for the presidency and the increasing willingness of elected and appointed Republicans to undermine governmental institutions and democratic norms to protect him, and by extension the Republican Party, is stark.

A collision is coming.  I am not confident that the result will be a happy one.

Frank Bowman

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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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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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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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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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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.

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Impeachment and the Power of Propaganda

05 Sunday Nov 2017

Posted by impeachableoffenses in Uncategorized

≈ 1 Comment

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politics of impeachment, propaganda

Several days ago, I was pleased to have Slate publish my post on this blog asserting that Mr. Trump’s efforts to induce federal law enforcement agencies to investigate his political enemies constitute an impeachable offense. One of the most fascinating aspects of those occasions when this blog’s content gets a national audience is getting a blast of feedback from reader comments.

Sometimes, astute readers will point to apparent gaps in an argument or flaws in reasoning. That keeps me honest and can inspire further, and I hope better, analysis.  I think that was the case following my article on the pardon of Sheriff Arpaio, where reader comments led to a string of additional posts on particular aspects of that problem.

Other times, however, reader comments can drive me nearly to despair about the prospects for American democracy. At a minimum, they often highlight what may be an insuperable obstacle to any effort to remove Mr. Trump.  One comment posted directly to this blog this morning illustrates the problem starkly. To summarize, the reader made three points:

(1) He said that “by your [meaning Bowman’s] logic,” Bill and Hillary Clinton, President Obama, and Bob Mueller should be “investigated and charged with treason for the Uranium One deal,” the Clintons should be hung, and Mr. Mueller should be imprisoned for life as their “bag man.”

(2) He said, “And you mentioned Benghazi and the culpability of Ms. Clinton and Obama and others” for the deaths of several U.S. Embassy employees.

(3) He concluded that my argument for the impeachability of Mr. Trump for attempting to use law enforcement agencies against his enemies demonstrated “why our children that attend institutions of ‘higher’ learning come out indoctrinated in Marxism and Maoisum [sic].”

Of course, it goes without saying that nothing in my article implied that the Uranium One affair has any substance or that the Clintons, President Obama, or Mr. Mueller have any culpability, legal or otherwise in connection with it.  Indeed, my piece contained multiple links to authorities carefully explaining why the Uranium One affair is an invented non-story.  The reader made no reference to those sources and no attempt to rebut the facts they lay out.  Moreover, the reader had obviously made no effort to reflect on the sheer absurdity of what he was saying.  Leaving the mountain of other impossibilities in the Uranium One conspiracy theory to one side, the idea that Bob Mueller — decorated Marine veteran, career federal prosecutor, former FBI Director appointed by George W. Bush, and lifelong Republican — is a “bagman” for the Clintons is just daft.

More revealingly, the reader claims that I “mentioned Benghazi” when, of course, there is no reference whatever to Benghazi in my article, and in any event, whatever happened in Benghazi is utterly irrelevant to my thesis.  And, perhaps inevitably, the reader concluded with the assertion that, because I am a professor, I am part of the grand conspiracy in higher education to indoctrinate America’s youth into communism.

It is easy to sneer derisively at this sort of thing and to dismiss the reader as a “wing nut.”  But that is the exact reverse of my point.  The reader is plainly a person of some intelligence and politically aware enough to follow current news and read and comment on articles like mine.  Yet he has so far surrendered his own critical faculties to the echo chamber of the segment of the media he consumes that he is apparently unable, or at least unwilling, to make independent judgments.  If he allowed himself to think independently, to analyze critically the information he’s getting, he’d see for himself the manifest weakness of the claims he’s making. Again, this a pretty smart person.   Yet his response to an article suggesting that Mr. Trump has violated basic American political norms is almost Pavlovian — Uranium One, Benghazi, professors are Commies.

I do not mean to suggest that if this reader, and the millions of others with similar habits of thought, adopted a more critical stance to what they hear and read that they would all become happy liberal Democrats.  That’s silly.  What the country desperately needs is not a uniformly liberal electorate, but a uniformly literate and reflective electorate.  We need intelligent, independent, critical thinkers on the right every bit as much as we need them on the left and in the center.

It is hardly a novel observation that American voters are increasingly isolated in their own information echo chambers.  This is deeply unhealthy for our democracy.  And this phenomenon has particular implications in the context of possible impeachment of Mr. Trump.  The success of the impeachment investigation that led to the resignation of Richard Nixon was possible only because the majority of Republicans, both elected officials and ordinary citizens, were finally convinced that their president had misbehaved badly enough that he had to go.  The slow conversion of millions of reliable Republican partisans was possible only because Americans of all political persuasions shared norms of acceptable and unacceptable political behavior, and because almost everyone trusted institutions like the major organs of the press, the courts, and the Justice Department as fair arbiters of truth and falsity.

We no longer inhabit that world. Mr. Trump daily challenges the norms that support democratic governance, but they have been under assault for a long time.  And people on both sides of the political divide have slowly migrated into information silos that armor them against critical thought.  That said, the information silo effect is notably worse on the right.  As I have observed repeatedly here, Mr. Trump himself lies pervasively and obsessively, and an entire segment of the media has perverted itself to excuse or amplify even his most nonsensical claims.  The success of this effort is sadly evident in my reader’s comments, which exemplify the views of a large, and politically critical, segment of Republican voters.

In the end, if the seemingly impermeable information barrier around the Republican base cannot be breached, it will not matter what Mr. Mueller uncovers or how egregiously Mr. Trump abuses his office. Regardless of the objective facts, even if Democrats capture the House in 2018, neither impeachment, nor indeed healthy politics of any kind, are in our immediate future.

Frank Bowman

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Frank O. Bowman, III


Floyd R. Gibson Missouri Endowed Professor of Law
University of Missouri School of Law

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