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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: trump

Recall-est, recall-est, the 21st of August

22 Wednesday Aug 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 2 Comments

Tags

admitted, articles of impeachment, bank, campaign manager, cohen, Collusion, dark, foreign account, fraud, guilty, Impeachment, invesitgation, Lawyer, Manafort, manhattan, Mueller, plea, tax, trump, tuesday

Of campaign finance law violations and plot! “Tuesday was one of the darkest days of Trump’s year and a half in office.”  That’s a quote from a Politico article describing the beating Trump’s presidency took today from Paul Manafort’s and Michael Cohen’s respective guilty verdict and plea.

Manafort has been convicted on 8 counts of tax fraud, bank fraud, and hiding foreign bank accounts. This is exciting news, but has been largely overshadowed by the accusations which accompanied the guilty plea of Michael Cohen, which came only hours before. When Cohen stepped into the New York federal district courtroom to plead guilty to breaking campaign finance laws, he also admitted that the payments he made to the adult film stars were issued at the bequest of President Donald Trump.

If this it true, it is groundbreaking news. Though Trump has brushed it off, stating that it has “nothing to do with Russian collusion,” it still (shockingly) warrants consideration. First off all, the payments very well may have something to do with Russian collusion. The money used to pay Stormy Daniels (one of the actresses) could have come from Russian officials (a full post about that subject can be found here). Additionally, regardless of whether the payments were related to collusion, Trump could still be considered a conspirator to Cohen’s crimes. This is almost certain to result in an article of impeachment, and perhaps someday indictment. And lastly, the simultaneous plea and verdict are bound to light a fire under Mueller’s investigation as each conviction adds to its credibility. If there is treason and plot, Mueller will find it.

michael-cohen-court-1-ap-thg-180821_hpMain_2_16x9_992.jpgABC News

 

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The Consequences of Pardoning Manafort

18 Saturday Aug 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 5 Comments

Tags

18 U.S.C. 1510, bribe, campaign, Collusion, deliberations, Election, Impeachment, interference, jury, Manafort, manager, Mueller, pardon, president, russia, trial, trump, ukraine

Today marked the second day of jury deliberations for the trial of Paul Manafort, the former Trump campaign manager. Manafort is being tried for 18 criminal charges for bank and tax fraud related to the time he spent working for a Ukrainian political party. Manafort refused to cooperate with the Mueller investigation, and it has been theorized that this decision was based on a belief that President Trump would pardon him if he were convicted.

Whether Trump will pardon Manafort is unknown; however he has used his pardon power politically in the past, and his former lawyer, John Down, apparently broached the subject of a possible pardon with Manafort’s lawyers. When asked whether he would consider pardoning Manafort, the President refused to say, but did comment that  “the whole . . .  trial is very sad.”

In an article written for the American Constitutional Society, entitled Why President Trump Can’t Pardon His Way Out of the Special Counsel and Cohen Investigations, Noah Bookbinder, Norman Eisen, Caroline Fredrickson, and Conor Shaw write that “a prospective pardon of a witness in the Russia investigation might . . . constitute an obstruction of a criminal investigation . . . .” They are referring to section 1510 of title 18 of the the United States Code, which makes the “[willful endeavoring], by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator” a federal crime. If President Trump did, directly or indirectly, promise Manafort a pardon in exchange for his refusal to cooperate with Mueller, then he may not only be subject to criminal indictment but yet another article of impeachment as well.

5b3f9a219e2a102f008b47ed-750-375.jpgDrew Angerer/Getty Images

 

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Kavanaugh, Kavanaugh, Kavanaugh

10 Tuesday Jul 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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appointed, Congress, immunity, impeach, indictment, judge, justice, kavanaugh, kennedy, law, law review, minnesota, Mueller, pardon, roberts, shield, sitting, suit, trump

Have you heard? A new Supreme Court Justice has been appointed. His name is Brett Kavanaugh, he hails from the U.S. Court of Appeals, D.C. Circuit, and he’s got Democrats a little bit nervous. Why? Because they think he may try to shield Trump from the Mueller investigation.

Kavanaugh argued in an article written for the Minnesota Law Review in 2009 that sitting presidents should be immune from civil suit and criminal indictment. He cited the investigation of Clinton as a reason for this view, and has implied “that the Starr investigation distracted Clinton from focusing on Osama bin Laden.” Some find this view alarming — however, take a deep breath. As Noah Feldman points out, in an article published by Bloomberg Law, what Kavanaugh actually suggests is that Congress should pass a law that would protect the President. Inherent in that suggestion is an admission that the Supreme Court does not have the power to immunize the President itself. So worries that the Justices may, for instance, enjoin Mueller’s invesitgation, are probably unfounded.

That being said,  that doesn’t mean Kavanaugh cannot be of use to the President in other ways. Kavanaugh may rule that the President can pardon himself, as Trump has suggested in the past. Alternatively, Congress may just take Kavanaugh up on his suggestion and pass a law immunizing Trump. Much remains to be seen.

1200x-1.jpgAl Drago/Bloomberg

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Trump and Stone can’t be Sued in D.C.

04 Wednesday Jul 2018

Posted by crosbysamuel in Articles, Uncategorized

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agent, campaign, Collusion, Conspiracy, D.C., democratic national convention, dismissed, DNC, elleb, Emails, hacked, huvelle, judge, lawsuit, personal jurisdiction, president, roger stone, Russian, suit, trump, venue, washington, wikileaks

U.S. District Court Judge Ellen Huvelle, of Washington, D.C., decided yesterday that her court lacks personal jurisdiction, or alternatively that it constitutes improper venue, to entertain a suit brought against the Trump Campaign and Roger Stone by members of the Democratic National Convention (“DNC”). The suit alleged that Stone and the Campaign conspired with unidentified Russian Agents and Wikileaks to hack the DNC’s emails, a tort amounting to conspiracy to violate their privacy rights, to inflict emotional harm,  and to  interfere with their right to support the candidate of their choice. The judge ruled that D.C. lacked sufficient contacts with the allegations to make it a viable place for suit, but avoided making any ruling on the sufficiency of the Plaintiff’s evidence.

So what’s this result mean? We keep holding our breath, while hoping they can find a place to bring their suit. Should these Plaintiffs manage to find a court willing to entertain their action, then they will be able to bring the power of liberal civil discovery procedure against the Trump campaign, and perhaps expedite the collusion investigation. Fingers crossed. Interested readers can find the opinion here.

BCWin17_F_Huvelle_Slide2-690x414.jpgJudge Ellen Huvelle, Picture taken from lawmagazine.bc.edu

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The Travel Ban, Constitutionality, and Impeachment

28 Thursday Jun 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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Articles, ban, Congress, Green, Impeachment, muslim, president, Representative, resolution, roberts, sotomayor, supreme court, travel, trump

The Supreme Court held, yesterday, that the Trump Administration’s travel ban had “sufficient national security justification to survive a rational basis review,” and that therefore it would reverse the preliminary injunction granted by the District Court. This is an indication that the travel ban is constitutional, and allows it to go forth unhindered, at least for the time being. Because the travel ban has been cited in at least Representative Green’s impeachment resolution as evidence of the President’s “bigotry,” one might wonder what effect this decision will have on the President’s chances of impeachment.

While it could be argued that the Supreme Court decision could set some, perhaps ethereal, precedent, it is still Congress that decides whether the President will be removed. And while the Supreme Court’s decision could in some way be construed as an endorsement of the executive order, so too can Justice Sotomayor’s dissent remind Congress of the reason the travel ban was cited as an impeachable offense in the first place:  “[the] appearance of discrimination that the President’s words have created.” Though Trump’s “muslim ban,” may have been rolled back enough to be constitutional, it can still evidence the  President’s bigotry, and therefore could still contribute to his impeachment.

ap_18115517534302_custom-de2433708c26b21f70c27b24fa1da4764a5b7a5d-s1600-c85.jpgAndrew Harnik/AP

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Terribly Charitable Trump

15 Friday Jun 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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attorney general, banned, campaign finance law, charity, coordination, Donald J. Trump Foundation, illegal, Impeachment, jr., new york, selfdealing, sues, trump

The New York State attorney general’s office is suing the Donald J. Trump Foundation for “violating campaign finance laws, self-dealing, and illegal coordination with the presidential campaign.” The suit alleges that the charity used its funds to help Trump curry political favor, and seeks to dissolves the charity, to ban Trump and his three children from serving on non-profit organizations, and to collect $2.8 million in restitution (“the amount raised for the foundation at a 2016 Iowa political fund-raiser.”). Interested readers can find the petition here.

These election law violations are just the latest on a laundry list of unfit behavior, including conspiracy to defraud the United States,  inappropriate pardons, obstruction of justice, and generally dishonest behavior; however, these charges seem especially important. It may be a local’s bias, a sort of impeachment ethnocentrism, but it feels significant that these charges are brought so soon after the resignation of  Missouri Governor Eric Greitens, who was alleged to have illegally used his charity to raise campaign finance funds. In a country where the removal of executive officials is so rare, it may be that Greitens’ resignation could act as a sort of precedent. Is using a charity to raise campaign funds the line one must not cross?

15trumpfoundation-01-jumbo-v2.jpgDamon Winter/The New York Times

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The Western Alliance Totters: From Congress, Silence

11 Monday Jun 2018

Posted by impeachableoffenses in Uncategorized

≈ 2 Comments

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Congress, G-7 meeting, Library of Congress, trump

By Frank Bowman

I’ve been in Washington these past few days, burrowed in at the Library of Congress researching English impeachments for a chapter in my upcoming book on Impeachment in the Age of Trump (University of Cambridge Press 2019).  Sitting in the Main Reading Room of that astounding institution — both a breathtakingly beautiful building and perhaps the greatest repository of knowledge in human history — during the events of the past week or so has both inspired and deeply depressed me.

The United States is a great nation, not merely because of its great size and abundant resources, its fortunate geographic insulation in its formative years from the wars of Europe, or even its thriving economy and powerful military.  What has made America great — in a sense Donald Trump will never understand — has been the accretion over two-and-a-half centuries of many foresighted, large-minded decisions grounded in a belief in democratic government and human possibility. At any given moment in our history, we like every people will be found making mistakes, sometimes even violent and vicious ones, but the throughline has been reversion to a mean of remarkable wisdom and generosity.

The Library of Congress is but one among many monuments to our happy inheritance.  A place where, long before there was a thing called the internet, Congress decreed that virtually all the knowledge in the printed universe would be gathered under a single roof.  The impetus for this creation is, in the present moment, even more remarkable than its execution.  Congress created a library for itself because it recognized that making sound policy for a nation required knowledge, and it wanted all the available knowledge at its immediate call.  And then Congress decided something even more remarkable — that all the knowledge it was gathering for its own use should be freely available to the citizenry.  Because they deemed an informed and educated citizenry as essential to the operation of a democratic republic as an informed legislature.

These were quintessentially American choices.  I will not say that no other nation has ever made similar ones.  Certainly most of the democracies in what we, with increasing anachronism, have referred to as the West have, at least at some points in their histories, arrived at similar conclusions and created similar institutions. But in America, the dedication to political choice informed by knowledge, study, and reflection by both leaders and citizens has been central to our identity since our beginnings.

Sitting in the Library of Congress and drawing on its treasures inspires awe and gratitude for the good fortune of living in this marvelous country.

But, at the close of a day in the cocoon of our brilliant past, one emerges and looks across the street at the U.S. Capitol.  There it stands, its classical forms massive and inspiring, but a moment’s reflection on those who now inhabit the place can only plunge an American patriot into gloom.

It is literally inconceivable that today’s Congress would imagine or vote to maintain a Library of Congress if it did not already exist.  And every day, that once-august body betrays the ideals upon which the Library was founded and long maintained.  Both Houses are presently controlled by a party aggressively uninterested in knowledge, particularly knowledge that might threaten the short-term political interests of its members or the transitory prejudices of its “base.”  That same congressional party is now in thrall to an administration even more actively determined to suppress inconvenient knowledge.  More particularly, that party has apparently surrendered even its own capacity for independent thought to a president who is both utterly ignorant in virtually every sphere of science, technology, history, and economics, and proudly determined not to learn anything new, even when the safety and prosperity of the country depends on it.

Yesterday, Mr. Trump effectively spat on both the Western military alliance and the world economic architecture that have together maintained peace among the great powers and been the foundation of American economic prosperity since 1945. His boorish, petulant, bottomlessly ignorant performance was only the latest in a series of mindless assaults on global institutions created by generations of American statesmen, Republican and Democrat, wise enough to recognize that America thrives, not as a selfish bully, but as the keystone of an international structure of mutual benefit.

This is not a partisan judgment.  Before November 2016, while there would have been disagreements about details, no serious national political figure doubted that the NATO alliance, a strong and unified Europe, cordial trading relationships with our North American neighbors, and an existing world economic order markedly attuned to American needs were all fundamentally beneficial to the United States.  Indeed, these ideas and institutions were, if anything, more firmly embraced by Republicans than Democrats.

And yet, the response from the Congressional Republicans to Trump’s steady destruction of a world order from which this country benefits so profoundly has been … silence. There have been occasional mild bleatings of disapproval at one or another particularly obnoxious Trumpian utterance.  But the bleats have come almost exclusively from legislators who have decided not to run again, or in the case of John McCain, a man whose heroic struggle against death will, sadly but inevitably, preclude any future electoral contests.

Remember that the Founders imagined Congress as the dominant player in American government.  And remember that, even though since the early 20th Century Congress has steadily ceded much power to the presidency, Congress retains ample constitutional authority to thwart any chief executive if it chooses to use that authority.

But the Republican party which now commands Congress has instead meekly abandoned virtually everything it professed to believe about America’s relations with the world.  It would be one thing if this about-face were the result of a revolution in economic or political thought stemming from careful study of all the knowledge carefully stored in the great Library across the street from our congressmen’s offices.  Intellectual revolutions do happen.  And they are sometimes profoundly beneficial.

But we all know that nothing of that sort has occurred.  Instead, Republicans have simply bowed to the demonstrably irrational whims of their vapid puppet master.  Individually and collectively, they quake and cower, as the world America built crumbles.  Perhaps the most maddening feature of the Republicans’ moral collapse is that it does not even come in the service of a definable new world order.  Even the evils of the great 20th century dictatorships in Germany, the Soviet Union, and China were inflicted by servants of articulable, if twisted, ideologies.

There is no new ideology at work in Trumpism.  No plan. No thought. No rational end state.  Everything that now happens at the pinnacle of American government is simply that day’s whim of a bloated, narcissistic fool.

And congressional Republicans know this as well as you or I.  Yet they do nothing.

Lest it be thought that all blame devolves on the Republicans, congressional Democrats bear their share, however much diminished by their minority status.  While I recognize that Democrats cannot pass legislation on their own, as a group they seem to me remarkably quiet at a time when our circumstances call for unceasing, intelligent, forceful resistance to the daily outrages of the president and his minions.

History will not be kind either to the overt cowardice of congressional Republicans and the tactical meekness of congressional Democrats.  This feckless Congress is not the institution the Founders imagined, past generations celebrated, or the present generation desperately needs.

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The G-7 plus 1?

09 Saturday Jun 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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annual, canada, Collusion, economic policy, france, G-7, G-8, germany, impeach, Impeachment, italy, japan, Meeting, president, Putin, russia, summit, the united kingdom, trump, united states

President Trump, at the annual summit meeting, suggested that Russia be readmitted into the G-7, the group of 7 nations (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States) which meet to discuss world-economic policy. Russia was ousted from the then G-8 in 2014 for seizing parts of the Ukraine. Trump defended his suggestion, stating as follows:

“You know, whether you like it or not — and it may not be politically correct — but we have a world to run. And in the G-7, which used to be the G-8, they threw Russia out. They should let Russia come back in. Because we should have Russia at the negotiating table.”

President Trump acted antagonistically at the summit meeting, rendering himself an outsider, and causing some to refer to it as “G-6 plus 1.”  For some this is a cause of concern: Trump treating allies as enemies and enemies as allies. And it could further bolster the theory that there was and is collusion going on between Russia and Trump; however, it is unclear that that rejoining the G-8 is actually on Putin’s agenda. In response to the news, the Kremlin spokesman, Dmitri S. Peskov, said that “we are putting emphasis on different formats,” insinuating that Russia is not particularly interested in rejoining the G-7. Russian officials made similar comments in 2014 when they were removed: Russian Foreign Minister Sergey Lavrov said that Russia was “not attached to this format and we don’t see a great misfortune if it will not gather.” So if Trump is acting on behalf of Russia, it is the result of some very coy maneuvering. Regardless of the reason for his stance, however, it betrays more of the same peculiar friendless we have seen since the beginning of Trump’s presidency. We will find out exactly what it means in due time.

g7-summit-trump-may-merkel-macron-809690.jpgexpress.co.uk

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The Foreign Emoluments Clause: an Analysis and History

31 Thursday May 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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elon, emoluments, erik, foreign, hotel, Impeachment, influence, jensen, law, review, trump

Erik M. Jensen, Coleman P. Burke Professor Emeritus of Law of Case Western Reserve University, wrote a journal article published in the Elon Law Review titled the Foreign Emoluments Clause. That article examines the definition of emoluments, the history of the emoluments clause, and debate as to whether the clause applies to Trump and his businesses.  He sums up the problem of the Trump Hotels as follows:

[S]uppose a foreign diplomat is paying the same rate as the guest in the next room, but he is occupying a room that would otherwise have been empty for the night.Or suppose the diplomat, in selecting sleeping quarters, chooses an otherwise unoccupied luxury suite over an otherwise unoccupied, but substantially less expensive, room. In those cases, whatever is paid for the room, or the extra that is paid for the luxury suite, is mostly gravy for the hotel’s owners. Why is that not a potential problem under the Foreign Emoluments Clause (at least if we assume that the presidency is an “office of profit or trust”)? By any standard, the arrangement is unseemly, and by its terms the clause has no de minimis exception.

180529204622-trump-rally-052918-exlarge-169.jpg

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Limiting the Removal Power

28 Monday May 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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appointment, Comey, Congress, director, FBI, hamlin, impeachable offenses, Impeachment, limit, power, removal, trump

Qualified Tenure: Presidential Removal of the FBI Director is an article written by Leah A. Hamlin which was published in the Ohio Northern University Law Review. It addresses the question of whether the President’s power to remove an FBI director is limited by the 10-year term instituted by Congress, and whether it may, constitutionally, be further limited by Congress. Hamlin ultimately concludes:

that the ten-year term does not limit the president’s ability to remove the director at will, and that, given the importance of the FBI director to the effective functioning of a unitary executive, Congress may not limit the president’s removal power without infringing on the separation of powers limits laid out in case law.

This question is especially significant, of course, in light of the firing of James Comey which was met with such outrage, and which some believe could constitute obstruction of justice.  Though Hamlin concludes that Congress cannot not interfere with the President’s removal power, it is doubtful that her conclusion would extend so far as to suggest that Congress could not wield its impeachment power in wake of a removal which constitutes a high crime or misdemeanor.

gettyimages-694398560.jpgThe Washington Post/Getty Images

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Frank O. Bowman, III


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Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
Univ of Missouri School of Law

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