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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: Politics

Trump Claims Obama Acquiesced in Face of Russian Interference

21 Wednesday Feb 2018

Posted by crosbysamuel in Articles, Uncategorized

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attorney general, Conspiracy, Election, hackers, impeach, Impeachment, interference, Jeff Sessions, obama, Obstruction of Justice, Politics, president, russia, Russian, trump, twitter

In response to the indictment of a group of Russians for meddling with the 2016 presidential election, Trump seems to have asked why Attorney General Jeff Sessions has not investigated the crimes of President Obama, because the meddling happened during the Obama administration, and “. . . . [he] [didn’t] do something about [it].” The allegation came in the form of a tweet, which read:

Question: If all of the Russian meddling took place during the Obama Administration, right up to January 20th, why aren’t they the subject of the investigation? Why didn’t Obama do something about the meddling? Why aren’t Dem crimes under investigation? Ask Jeff Sessions!

Trump’s question as to why Jeff Sessions, the Attorney General, is not investigating the Obama Administration and the the crimes of the Democrats, reads as an allegation of criminal conduct. The fact that he sandwiched Obama’s lack of action in the middle of his question further suggests that President Obama, by virtue of his inaction, is guilty of a crime. If that analysis is correct, the President is suggesting that acquiescence in the face of a complete conspiracy is criminal conduct. There is some argument to made here (though a very poor one). Section 3 of Title 18 of the United States Code says that “whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.” This crime, though arguably the most relevant to Trump’s allegation, is a very bad fit. One would have to believe that Obama, in not speaking out harshly enough against the Russian meddlers, relieved, comforted, or assisted them to prevent their prosecution. One might argue that if Obama were to impose no sanctions on Russia he may in some way be preventing its “punishment.” Still, that would be a very abstract argument, because if President Obama had decided not to sanction the Russians, there would be no punishment to prevent. This argument is still more outrageous, in light of the fact that Obama DID sanction Russia for election meddling in the last two years of his administration.

All that being said, I think it is far from accurate to suggest that a less-than-fierce reaction to Russian election interference could be considered criminal. However, if it could, Trump would have something far worse to fear than President Obama — President Trump himself has yet to impose the Russian sanctions passed by Congress last year. Despite all this analysis, I doubt Trump meant to make a serious accusation. Rather he continues to try and distract the American people by pointing fingers away from himself.

f63d3fa9e9b34571ca1b4b11f5a8598b.jpgJim Watson/AFP/Getty Images

 

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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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The President is Not Demented

17 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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25th amendment, alzheimer's, cognitive, dementia, exam, impeach, mental, Politics, presidential physician, trump, unfit

Trump apparently requested that his presidential physician perform a cognitive exam on him during his annual physical exam. The exam used was the Montreal Cognitive Assessment, which is used to test for Alzheimer’s and dementia. The President received a perfect score, indicating that he is free of dementia. This result contradicts some recent speculation. Though some have questioned the rigor of the test, it has done its job. It has armed Trump against attacks on his mental fitness, and made removal via the 25th amendment much less likely.

AR-180119380.jpgOlivier Douliery/Abaca Press/TNS

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The Merits of a Strategic Shutdown

16 Tuesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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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

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Bipartisan Rejection of Sh–hole Comment

12 Friday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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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

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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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Mueller to Interview Trump

09 Tuesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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2018 midterms, Collusion, Comey, FBI, firing, impeach, Impeachment, interview, investigation, Mueller, Obstruction of Justice, Politics, Putin, Special Counsel, trump

Special Counsel Mueller intends to interview President Trump soon, a decision which some believe signals the nearing of the end of his investigation. Though Trump has said that he is happy to talk about Russian collusion, a conversation he believes he will clear his name, his lawyers are scrambling to find a way to avoid or limit Mueller’s interview. Commentators believe what they are trying to avoid are questions about obstruction of justice: namely the firing of former FBI Director James Comey, and the lies former national security adviser, Michael Flynn, told the FBI.

Regardless of the motive for the interview, however, the timing could not be better for Democrats. With the 2018 midterms fast approaching, should Mueller’s investigation come to a close soon, its results may be a boon to Democrats running for Congress. And of course, if Democrats are able to obtain a majority in the House and Senate, impeachment will become more likely.

robert-mueller-mckelvey_j4wbro.jpegAlex Wong/Getty Images

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What to do about Trump’s Mental Health?

03 Wednesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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25th amendment, dementia, Politics, removal, trump, water

This article from the Atlantic takes a close look at President Trump’s mental health, and the inability of our legal system to deal with a cracked President. Over the past year there has been a lot of speculation as to the President’s capacity, and even calls to utilize the 25th amendment to remove the President should he prove mentally unfit. The President’s tweets (such as the recent one about his ‘nuclear button’), his speech, and even the manner by which he takes a drink of water are all seen as indicators of his lack of mental capacity. But should this speculation prove to be accurate, and Trump actually suffers from some sort of dementia, it seems there is little that can be done. The 25th amendment is the usual mechanism for removing an unfit president, but that requires that the President’s cabinet declare him unfit, and that 2/3 of Congress vote to remove him. That make it an arguably higher standard than impeachment. Therefore, if Trump (continues to) prove himself unfit, it may be that impeachment is still the worried citizen’s best bet.

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Chairman Nunes on the Prowl

01 Monday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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firing, house intelligence committee, Mueller, nunes, Politics, Representative, special investigation

Representative Nunes, Chairman of the House Intelligence Committee, is using his position to take an offensive role against the Federal Bureau of Investigation (FBI). Nunes intends to issue a contempt citation against the agents who sent texts about President Trump,  and plans to issue a corruption exposé about the FBI. There has been some speculation that these offensive tactics, indicate that Special Investigator Mueller will soon be fired. If Nunes carries out his intentions, it may help to build a case for said termination.

download.jpgAP Photo

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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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