Tag: checks and balances

It matters

Today the U.S. House of Representatives impeached the president of the United States.  Even though the chances are vanishingly small that the United States Senate will remove this president from office over these two articles of impeachment, that matters.

Read the Mueller Report.  Read the House Intelligence Committee report.  Read the House Judiciary Committee report.  Read the summaries of any of those documents.  Or just think about all the incredible stories of the goings on of the president ever since Donald Trump was sworn into office.  There is more than enough evidence for a clear-eyed observer to conclude that Trump has committed impeachable offenses…so many, and so blatantly, in fact, that to not impeach him would have been the grossest example of the House ignoring its responsibility to perform checks and balances of the Executive Branch.  Any president who had done what this one has done would deserve to be impeached, too, to be shamed and held up to the ridicule of history, and have the Senate vote to remove him or her from office for the good of the country.

But wait: the place is swarming with Republicans who say there is no proof that Trump did anything illegal, or even improper, or impeachable at all.  Many of them are actually screaming it, and then insisting Trump is the best president ever—not just better than Obama or Clinton or Bush (either one) but better than Washington or any of those other dudes.  It’s fascinating.

I get it that party loyalty is important, if you’re a member of a party, and I get that there are more members of Congress than I would like to admit who actually love what Trump is doing and won’t do anything to get in his way.  That includes so many who were seemingly appalled by Candidate Trump, who saw him as a threat to the country; now they have his back without question.

Why in the world are all these people so servile to Trump?  Why in the hell don’t these men and women, who in most other circumstances behave as though they are the highest expression of God’s own creation, act the part of members of Congress and assert their authority as a co-equal branch of the government?  They may be loyal to a president of their own party, or to the president of our country, but they don’t work for him and they aren’t there to do his bidding.  They may agree with the president’s policies and support his goals, but they have a responsibility to their constituents, and the Constitution, and to the rest of us, too, to be a restraint against a president who oversteps his bounds.  They have taken the art of deluding themselves to the zenith, and achieved a new nadir when it comes to supporting their party at any cost.  Hard to understand how they don’t see that their own reputations and honor and place in history are at risk, each and every one of them.

As troubling as it is…as confusing as it is…to see so many apparently intelligent and well-educated people publicly forsake the evidence of their own senses to support a president who has so clearly demonstrated his utter contempt for the rule of law and the oversight role of the Congress in American government, it’s even worse to see those among them who are abdicating their own part in this government, apparently without a fight.

The Constitution gives the House the responsibility to impeach a president or other government official, and the Senate the role of jury in a trial of the president presided over by the chief justice of the United States.  So how, in the name of all that’s right and moral and legal and American, can the man who leads the majority in the U.S. Senate say he will work with the White House counsel to arrange the details of the trial?  And do it like it’s no big deal?!  We know that the chances of the Senate convicting Trump are microscopic, but what are we supposed to think now about the fairness of this proceeding, or the honesty with which the senators will consider the evidence, when the jury foreman announced in advance that his team will work hand-in-hand with the defense lawyers?

If anything, Mitch McConnell should be coordinating trial details with the Democratic leader in the Senate.  On Monday came the news that Charles Schumer wrote to McConnell proposing a framework for the trial, including the names of a handful of witnesses who never testified to the House investigators, people he would like to hear from in the Senate trial.  McConnell dismissed the idea; he even said there would be no witnesses.  We can, and should, speculate about the reason for that stance; I think he’s worried that his members might not be able to countenance their support of Trump if they heard what Mick Mulvaney and John Bolton would say under oath.

Or is McConnell kidding himself when he thinks he’s going to be in charge? In Slate, Bruce Ackerman argues that the Senate can’t bar any witness, that it’s up to the House and the president—the prosecution and the defense—to decide those things.  And most importantly, that it will be the presiding judge—Chief Justice John Roberts—who will run the court.

Once John Roberts replaces Vice President Mike Pence as the Senate’s presiding officer, McConnell’s attempt to change the rules would generate a constitutional crisis. As I have noted, the rules explicitly give Roberts, and nobody else, the power to “direct all forms of the proceedings.” If McConnell tried to seize control, Roberts could refuse to allow the Senate to vote on his initiative, especially if McConnell proposed rule changes that were inconsistent with Roberts’ pledge “to do impartial justice.”

(snip)

The chief justice is a serious jurist, dedicated to sustaining the Supreme Court’s central position in our system of checks and balances. His impartial conduct of the trial is especially crucial in the aftermath of the blatant partisanship displayed by McConnell and the Senate during the confirmation battle over Brett Kavanaugh. With this episode vividly in the public mind, it is imperative for Roberts to demonstrate, by his actions, that he takes the Constitution seriously and is not merely serving as a pawn in McConnell’s scheme to guarantee an acquittal.

If the majority leader did make an effort to change the rules midstream, this would serve as Roberts’ moment of truth: Will he demonstrate to the tens of millions of viewers that he is determined to put the Constitution above bitter partisan conflict?

Given Roberts’ repeated efforts to sustain the court’s legitimacy in the past, there is every reason to expect him to stand his ground and refuse to allow McConnell’s motion to be considered on the floor. If McConnell continued to defy Roberts and insisted that his colleagues back him up, it seems highly unlikely that his fellow Republicans would provide him with the bare majority needed to provide appropriate window dressing for his attempted constitutional coup.

This week began with news that 750 historians believe Trump should be impeached, and that a Fox News poll found half the country thinks Trump should be impeached.  This poll also finds Trump would lose the popular vote in November to Biden, or Warren, or Sanders, or Buttigieg, or even Bloomberg.  But for me, the best part of that story was seeing the Fox & Friends contingent so thoroughly gobsmacked to have to learn that their own network’s poll had such bad news for their guy…it revealed at least a little of the subconscious understanding on their part that their company’s preferred role is pimping Trump rather than doing journalism.  Another interesting consideration was raised by Charles P. Pierce, who makes the case that the Republican Party is the only organization—anywhere—that has a chance to save the republic.

What if, I think to myself, what if the Republicans have a plan: what if they’ve lulled Trump in with their obsequiousness and shameless praise—the kind of stuff that Trump so clearly loves and encourages—and when it comes right down to a vote, what if they surprise the crap out of all of us and vote to remove him from office?  Can we rely on a sudden tsunami of personal conscience, or love of country, or just plain old fear for how they will be remembered by history, to save the day?  Maybe they will see just one too many examples of Trump’s childish temperament, like his unhinged letter to Nancy Pelosi yesterday, and decide they’ve had enough.

They could just finally get fed up with the president’s obstruction of justice, and obstruction of Congress.  Of them.  No other president I can think of has ever so publicly dissed Congress, and thumbed his nose at the law, as has this one.  (On this point, Trump may accurately claim to be the best in history.)  Congress has a right to ask for, and receive, cooperation from the Executive Branch in its investigations.  Though there are exceptions for withholding some information—executive privilege—the people who get Congressional subpoenas have a duty to honor them.  Maybe they refuse to answer questions when they get there, but they have a duty to answer the call of the Congress.  In ordering the people in his administration not to do so, Trump effectively said to Congress: uh, f*** you losers, make me if you can.  And yet, most of the Republican members of Congress still stand up for him, rather than stand up to him.  Go figure.

Anyhow, the House vote to impeach Trump is important.  It matters that we have members of Congress who are standing up to the bully, reminding him and us that abiding by the rules and laws and traditions of this country is expected.  The oath those members took was to defend the Constitution “against all enemies, foreign and domestic,” and they should be faithful to that promise.  And if Trump is not removed by the Senate, there are still options.  One is that the House could delay sending the impeachment to the Senate until senators agree to conduct a fair trial: this would keep McConnell from fixing the outcome of the trial while the House keeps the focus on Trump’s bad deeds, which could keep pressure on Republicans to abandon Trump as the Republicans of 1974 finally abandoned Richard Nixon.

Another option is pouring everything into defeating Trump at the polls in 2020.  This week a group of Republicans announced the Lincoln Project dedicated to defeating “Trump and Trumpism at the ballot box.”  The organizers wrote about their effort in the New York Times, and didn’t sugarcoat the fact that Trump is not the only name they are targeting for defeat:

Patriotism and the survival of our nation in the face of the crimes, corruption and corrosive nature of Donald Trump are a higher calling than mere politics. As Americans, we must stem the damage he and his followers are doing to the rule of law, the Constitution and the American character.

That’s why we are announcing the Lincoln Project, an effort to highlight our country’s story and values, and its people’s sacrifices and obligations. This effort transcends partisanship and is dedicated to nothing less than preservation of the principles that so many have fought for, on battlefields far from home and within their own communities.

This effort asks all Americans of all places, creeds and ways of life to join in the seminal task of our generation: restoring to this nation leadership and governance that respects the rule of law, recognizes the dignity of all people and defends the Constitution and American values at home and abroad.

(snip)

…national Republicans have done far worse than simply march along to Mr. Trump’s beat. Their defense of him is imbued with an ugliness, a meanness and a willingness to attack and slander those who have shed blood for our country, who have dedicated their lives and careers to its defense and its security, and whose job is to preserve the nation’s status as a beacon of hope.

Congressional Republicans have embraced and copied Mr. Trump’s cruelty and defended and even adopted his corruption. Mr. Trump and his enablers have abandoned conservatism and longstanding Republican principles and replaced it with Trumpism, an empty faith led by a bogus prophet.

(snip)

Mr. Trump and his fellow travelers daily undermine the proposition we as a people have a responsibility and an obligation to continually bend the arc of history toward justice. They mock our belief in America as something more meaningful than lines on a map.

(snip)

We look to [Abraham] Lincoln as our guide and inspiration. He understood the necessity of not just saving the Union, but also of knitting the nation back together spiritually as well as politically. But those wounds can be bound up only once the threat has been defeated. So, too, will our country have to knit itself back together after the scourge of Trumpism has been overcome.

A seemingly well organized effort, with some serious money already committed: Republicans out to convince other Republicans to fight Trump and those of their own party who enable him.  They expect that will mean Republican losses in the next election, but believe that to be preferable to another four years of Trumpism.  The polls indicate that most Americans agree, if not most Republicans.

A white unicorn

Our weather has been pretty consistently dreary for weeks on end now, long enough so that I don’t know for sure how many weekends it’s been since I was able to go stand in the sun and club the life out of some perfectly innocent golf balls that have never done anything to me.  The forecast is that the weather will start looking better next week, and I hope that comes true.  In the news, there are a lot of predictions about the good possibility that the special counsel’s investigation of Russian interference into the 2016 elections (and related matters) may be very close to ending; that would be even better news.

I want to know what Robert Mueller’s investigators have found about how Russia interfered in the 2016 election, and maybe the 2018 midterms, too.  There isn’t any real doubt that Russia was involved in an organized effort to keep Hillary Clinton from being elected president, and I want all the evidence lined up for us all to see.  Even if the Trump campaign and the Trump family were in no way at all complicit or cooperative with the Russian effort, we need to publicly recognize that our country was attacked by a foreign power and be better prepared to withstand that attack the next time it comes.  (You’d think that a president of the United States would agree with that, and say so; do you wonder why this one doesn’t?)

So what are we going to do when the Mueller Report is submitted and (it if is) released to the public?  Dahlia Lithwick suggests in Slate this week that we shouldn’t expect we can sit idly by and let Robert Mueller lead us to the Promised Land.

There’s a lingering perception that once Mueller delivers his report, the Trump era will end in a cloud of white smoke and glitter. It’s a nice fantasy—the one in which Mueller, armed with Truth and Fact, finishes off the Trump presidency with a ride through the Capitol on a white unicorn, scattering indictments and the seeds of impeachment, in a conclusive and irrefutable wrapup of the two-year probe.

It is also profoundly unlikely to actually happen that way. As one observer after another has reminded us, this is not necessarily Mueller’s call, and it’s not necessarily Mueller’s mandate. It’s also, perhaps most importantly, not necessarily Mueller’s style. At every turn, Mueller has shown us who he is, and that would be the antithesis of the Trump-style reality show protagonist.

(snip)

For those who have been collecting the Mueller memes and the T-shirts and the mugs, and who are waiting breathlessly for his conclusions, there’s a very reasonable chance that major disappointment looms. The Mueller report is unlikely to provide a perfectly binary call to arms. He is amassing facts on a limited series of questions. Some of those facts will make their way to the public, but many will not. Congress will make decisions on how best to proceed. There is going to be a torrent of “no collusion/fake news” out of the White House. What comes next may not be perfectly certain.

Instead of “waiting for Mueller” to take action, we should perhaps realize that we largely know what’s happened: Four people who worked on Trump’s 2016 campaign have either faced conviction or indictment for their involvement with Russian actors, or for lying about it. There’s a case to be made that Jared Kushner or Donald Trump Jr. could face charges. It’s surely true that should any such thing happen, life will grow infinitely more complicated for the Trump administration.

But it’s also true that this administration has thrived in part because too many people have been waiting for Robert Mueller to formally say what we already know to be true: The levels of corruption, conflict of interest, and untruth in this administration are without parallel. What we saw at Helsinki was without parallel, what was done to Jamal Khashoggi and the refusal to address it is without parallel, threats of “retaliation” against the press are without parallel. We don’t need to read this in a report. We live it every day.

(Hey, this could be fun, and cathartic, too: go to the comments and fill in the blank to extend Lithwick’s thought: “The ______ we have seen during the Trump campaign and presidency have been without parallel.”  Keep it clean and I’ll post ’em all.)

Mueller’s job was and is to investigate, not to prosecute or impeach or even to tell the rest of us what to do.  Lithwick again:

We want Mueller to be both the guy who knows everything and the guy who does everything. It obviates anyone else from needing to know what we already know and do what needs doing. But going into the next few fateful days, my sense is that we might want to stop investing too much hope in great men, and superheroes, and saviors. Instead, we should remember that it is our job to insist that we, and our public officials, must be the Muellers we hope to see in the world.

The action that comes next is up to us, and to the people we elected to Congress.  It’s not surprising that Republicans in Congress would want to support a Republican president and his goals and actions, but party political success is not (supposed to be) the primary reason they are there: it’s to represent us and our interests, and the Constitution, even when that means challenging the president.  The Constitution establishes each of the three branches of government to provide checks and balances on the other two.

That’s the major theme of an open letter from Democrat Adam Schiff, published this week in the Washington Post.  The chairman of the House Intelligence Committee reminds his colleagues that the responsibilities of their offices go deeper than just supporting the president, especially when our country is under attack.

For the past two years, we have examined Russia’s interference in the 2016 election and its attempts to influence the 2018 midterms. Moscow’s effort to undermine our democracy was spectacularly successful in inflaming racial, ethnic and other divides in our society and turning American against American.

But the attack on our democracy had its limits. Russian President Vladimir Putin could not lead us to distrust our own intelligence agencies or the FBI. He could not cause us to view our own free press as an enemy of the people. He could not undermine the independence of the Justice Department or denigrate judges. Only we could do that to ourselves. [emphasis added]  Although many forces have contributed to the decline in public confidence in our institutions, one force stands out as an accelerant, like gas on a fire. And try as some of us might to avoid invoking the arsonist’s name, we must say it.

I speak, of course, of our president, Donald Trump.

The president has just declared a national emergency to subvert the will of Congress and appropriate billions of dollars for a border wall that Congress has explicitly refused to fund. Whether you support the border wall or oppose it, you should be deeply troubled by the president’s intent to obtain it through a plainly unconstitutional abuse of power.

To my Republican colleagues: When the president attacked the independence of the Justice Department by intervening in a case in which he is implicated, you did not speak out. When he attacked the press as the enemy of the people, you again were silent. When he targeted the judiciary, labeling judges and decisions he didn’t like as illegitimate, we heard not a word. And now he comes for Congress, the first branch of government, seeking to strip it of its greatest power, that of the purse.

Many of you have acknowledged your deep misgivings about the president in quiet conversations over the past two years. You have bemoaned his lack of decency, character and integrity. You have deplored his fundamental inability to tell the truth. But for reasons that are all too easy to comprehend, you have chosen to keep your misgivings and your rising alarm private.

That must end. The time for silent disagreement is over. You must speak out.

This will require courage. The president is popular among your base, which revels in his vindictive and personal attacks on members of his own party, even giants such as the late senator John McCain. Speaking up risks a primary challenge or accusations of disloyalty. But such acts of independence are the most profound demonstrations of loyalty to country.

Special counsel Robert S. Mueller III may soon conclude his investigation and report. Depending on what is in that report and what we find in our own investigations, our nation may face an even greater challenge. While I am alarmed at what we have already seen and found of the president’s conduct and that of his campaign, I continue to reserve judgment about what consequences should flow from our eventual findings. I ask you to do the same.

If we cannot rise to the defense of our democracy now, in the face of a plainly unconstitutional aggrandizement of presidential power, what hope can we have that we will do so with the far greater decisions that could be yet to come?

Although these times pose unprecedented challenges, we have been through worse. The divisions during the Vietnam War and the civil rights movement were just as grave and far more deadly. The Depression and World War II were far more consequential. And nothing can compare to the searing experience of the Civil War.

If Abraham Lincoln, the father of the Republican Party, could be hopeful that our bonds of affection would be strained but not broken by a war that pitted brother against brother, surely America can come together once more. But as long as we must endure the present trial, history compels us to speak, and act, our conscience, Republicans and Democrats alike.