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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: politics of impeachment

Things are Heating up in the House

13 Friday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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articles of impeachment, cohen, Green, impeachment resoluton, Politics, politics of impeachment, sherman, The House of Representatives

Matters of impeachment are gaining momentum in the House after Representative Green read his articles of impeachment on Wednesday. Rep. Cohen intends to introduce his own articles of impeachment in the next couple of weeks. Here is an article summarizing the recent politics surrounding impeachment in Congress.

Though these resolutions lack the votes needed to pass through the House, they represent a growing support for the idea of impeachment.

merlin-to-scoop-128668370-990905-master768.jpgSmialowski/Getty Images

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Green Pulls Out

12 Thursday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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impeachment resoluton, politics of impeachment, representative green, The House of Representatives

This article from the Washington Post reports that Representative Green read his impeachment resolution to the house yesterday. However, when it came time to introduce the resolution, Green was not available to offer it.

The article suggests that Green’s last minute dodge may have been the result of party pressure. Forcing a vote on impeachment at this time would be ineffective, because the Republicans have a majority of the House and are unlikely to vote in favor of it. In fact, a premature vote may harm the Democratic party, by putting them in the awkward position of deciding whether or not to endorse impeachment, and risking the alienation of a portion of their voters. This incomplete attempt in the House is an indication that the impeachment issue is not yet ripe.

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Seizing the Political Question

11 Wednesday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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electorate, political question, politics of impeachment, tom steyer

The question of whether to impeach has long been considered a political one, meaning it is at the discretion of the elected. The natural result of a political question, and its politcal answer, is that it largely depends on the mood of the electorate. However, there are some voters who may have a larger influence on the decisions of the elected; those who fund their campaigns.

This article from the New York Times reports that Tom Steyer, “one of the Democratic Party’s most prominent financial backers,” has written a letter to Democrats urging them to impeach President Trump. Pressure from a man such as Steyer could help to decide the political question for an uncertain party.

00steyer-master768.jpgJason Henry – New York Times

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Is Trump Ceasing to be a Trumpist?

04 Wednesday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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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

 

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Green Backs Down in Face of Vegas

03 Tuesday Oct 2017

Posted by crosbysamuel in Articles, Uncategorized

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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

 

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Trump and Puerto Rico

30 Saturday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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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

 

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NFL Stoking Flames in the House

28 Thursday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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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.

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Kneeling linebackers and the path to impeachment

25 Monday Sep 2017

Posted by impeachableoffenses in Uncategorized

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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.

 

 

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A New Approach to the 25th Amendment

18 Monday Sep 2017

Posted by crosbysamuel in Articles, Uncategorized

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25th amendment, bipartisan, Congress, Eric Posner, Politics, politics of impeachment

This article reports on a proposal made by Eric Posner, a professor from the University of Chicago Law School. He suggests that there is enough ambiguity in the 25th amendment’s phrasing, “unable to discharge the powers and duties of his office,” that Congress could remove the President not only for mental instability, but political instability as well. In pursuit of this idea, he recommends that Congress form a bipartisan committee to evaluate whether the removal of President Trump is justified on these grounds. Such a committee would allow the removal of Trump for less heinous crimes than those required for impeachment. Additionally, even if it fails to do that, it would act as a means of reigning Trump in by reminding him of the consequences of his radical politics.

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A reality check for impeachment enthusiasts: House Judiciary Committee Republicans

03 Thursday Aug 2017

Posted by impeachableoffenses in Uncategorized

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Clinton e-mail investigation, Goodlatte, House Judiciary Committee, James Comey, Loretta Lynch, politics of impeachment

Last week, Bob Goodlatte (R-Va.), Chairman of the House Judiciary Committee, and nineteen of the other twenty-three Republican members of the House Judiciary Committee, sent a letter to Attorney General Jeff Sessions requesting that he appoint a second special counsel (in addition to Robert Mueller).  The list of things the Republicans want investigated is long, running to fourteen items, including Hillary Clinton’s e-mails and the investigation thereof, former Attorney General Loretta Lynch, former FBI Director James Comey, Mr. Trump’s post-election claims “that he was wiretapped by the previous administration,” and – this one is particularly rich – “inappropriate collusion between the DNC and the Clinton campaign to undermine Senator Bernie Sanders’ presidential campaign.”

This is, of course, not a serious document written by or for serious people.  It is instead a grab-bag compilation of pre- and post-election conspiracy theories and Trump Administration talking points aimed at deflecting attention from the Mueller investigation.  The letter is unaccompanied by any evidence that the events listed actually happened, or any legal argument that, if they did, the alleged misconduct amounted to criminal offenses.

For example, the first two items on the list — that former AG Lynch encouraged then-FBI Director Comey to “mislead the American people” by insisting that he refer to the Clinton investigation as a “matter,” and the “shadow cast over our system of justice concerning Secretary Clinton and her involvement in mishandling classified information” — are ludicrous as action items in a letter seeking a criminal investigation.  If Ms. Lynch did make this request to Mr. Comey, it would indicate that she was trying to minimize the political damage of the FBI probe to Secretary Clinton, but that is not a crime.  And federal prosecutors, whether regular or special, do not investigate non-crimes.  Nor does the Department of Justice investigate “shadows” over justice systems.

The letter is doubly frivolous in that few, if any, of the matters listed — even if they happened and were colorably criminal — would require a “special counsel.”

If Mr. Trump suspects he was “wiretapped” by the FBI, the NSA, the CIA, or any other federal agency, all he has to do is order the appointed heads of those agencies to inquire of their own subordinates.  If former Department of Justice officials are alleged to have behaved improperly, that would be a matter for the Department’s own Inspector General.  The need for a “special counsel” would arise only if politically appointed senior DOJ officials would have conflicts of interest in overseeing an investigation that could not be dealt with by individual recusal.  The only items on the list that might arguably fall into this category are the two or three proposing investigation into the foreign connections of the Clinton Foundation.  Such an investigation, though not presenting a conflict of interest under DOJ regulations, might call for a special counsel if the Attorney General concluded that investigating his boss’s former political adversary would present an appearance of impropriety.

But that, of course, is the most troublesome part of the Goodlatte letter.  Because — absent the most compelling evidence of criminality — such an investigation would be improper.  In the United States, successful candidates for political office do not use their newly-acquired powers to prosecute their defeated opponents.  That is a key marker of incipient authoritarianism.  The fact that twenty Republican lawmakers – virtually all of whom are lawyers – do not understand this most elemental of democratic political norms is profoundly disheartening.

It should also be a reality check for those hopeful that, given compelling evidence of impeachable conduct, Congress will act to remove Mr. Trump.  The sad fact is that, at least on the House side, Congress is not performing the role assigned it by the Framers of providing an institutional check on presidential misbehavior.  Indeed, particularly on the House side,  congressmen are actively enabling Mr. Trump’s misbehavior and thus actively abetting the steady degradation of the constitutional norms that have made the country work.  The Goodlatte letter represents a new low in this calamitous political degeneracy.

No president can be impeached unless a majority of the House of Representatives endorses that result.  Sadly, I think it fair to conclude that no kind or degree of deviancy or outrageousness will move a Republican House to impeach him, at least so long as Mr. Trump retains the loyalty of his Republican base.  And Mr. Trump continues to be supported by more than 80% of Republican voters.

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