Is it time to talk impeachment? Of course it is

If this president, after all he’s done in just two years, including everything proved and everything illuminated in the Mueller Report, doesn’t deserve to have the House consider impeachment, why bother having impeachment in the Constitution?  What offense against the Constitution, and the law, and preserving good international relations, and political ethics and societal norms and common sense and plain old good manners, will it take for the men and women we elected to look out for our nation to get off their asses and do their jobs?  There is too much smoke there now for it not to be prudent for them to make sure that nothing’s on fire.

By the way, threatening not to work with Congress on anything—not even infrastructure!—until it stops investigating allegations of wrongdoing against him should make it clear to all that he doesn’t understand how the system works.  He wasn’t elected king.

And people who are subpoenaed by Congress don’t get to choose whether to comply or not.  Not how it works.  They can refuse to testify once they get there, and be held in contempt and go to jail as a result (and be proud that they stood up for what they say they believe in), but if they claim to believe in the rule of law they can’t ignore a subpoena.  Keep your eyes open for the proliferation of Trumpeters arguing that for some dumb reason or another the law doesn’t apply to them.  Then imagine making that argument in your own defense.

Yeah.

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Sorry, I’m not done reading yet

Too slowly, for sure…I want to see how it ends, don’t you?!…but the good news is a number of other people were able to prioritize and offered their thoughts after reading the Mueller Report.  Here are some of the ones I like:

What do conservatives think?  I mean real conservatives, not opportunists currently busy taking advantage of the fact that a man pretending to be conservative was elected president.  People like David French

..and Jennifer Rubin

…and Rick Wilson

From a bit broader perspective, what does the Mueller Report tell us (that we had only imagined to this point):

Christie Whitman thread: Russia attacked, Trump demonstrated he cares only about himself, and it would have been worse but for the folks who ignored the most egregious “orders”

Politico took a dive into the footnotes and came out with some choice Easter eggs

Even some Republicans are unhappy enough about this report to actually say so.  Out loud!  John Thune castigates Trump’s lying for undermining trust in America’s political system

And Lindsey Graham makes an excellent case against Trump:

(Oh, he wasn’t talking about Trump, was he?  Oh well, if the shoe fits…)

We can talk about impeachment later…gotta keep reading.

The story of the film so far

The top level news from Special Counsel Robert Mueller’s report to the attorney general on his investigation of Russian interference in the 2016 presidential election is important confirmation: the Russians did try to influence the outcome of our 2016 presidential election.  Based on Bill Barr’s summary of the report sent to Congress last Sunday, the only currently available report on the report’s contents (a source I choose to trust, as I trust the effort of Mueller’s team), we should now have no reasonable disagreement that Vladimir Putin’s government committed cyber war on our country, and that we should be doing something about it.  I know our president has belittled that notion in the past (disagreeing with the findings of our country’s intelligence community; not clear why), but if he’s going to accept the other conclusions from the Mueller investigation he’ll have a hard time disagreeing with this one by blaming the messenger.  (I say that despite Trump’s demonstrated disdain for anything approaching intellectual consistency, but still…)

Next up: Mueller does not find evidence to indicate that Trump or any of the people in his campaign intentionally or unintentionally worked with the Russians to influence the outcome of the election: “The investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.”  I find I agree with the analysis that this is good news…for everybody.  For Trump, certainly, in that it seems to clear him from being pursued criminally in that respect, reduces the chance of impeachment proceedings, and provides a political boost for his 2020 campaign.  But also for our country, in that we can take some solace in knowing that our president and his people did not conspire with a foreign government to seize power.  This was never a given, sadly, so it’s good to know now.

I also agree with the many who argue for the public release of Mueller’s complete report.  A shorthand argument: if the report “completely exonerates” Trump, as he insists it does, then we should all get to share the happy details.  A good longer version comes from David French in Sunday’s National Review:

The American people need full disclosure — and not just of the Mueller report itself. We need to see relevant FISA applications, supporting documents, classified testimony, and any other evidence relevant to not just the Mueller investigation itself but also to the inception of the Trump–Russia investigation. This conclusion is rendered even more urgent by two important political realities.

The first relates to the obstruction of justice. As Barr explains in his letter, the Mueller report neither accuses Trump of committing obstruction of justice in the course of the investigation, nor does it exonerate him [emphasis added]. Instead, the attorney general and deputy attorney general (both Trump appointees) examined the evidence and concluded that the evidence was “not sufficient” to conclude that the president obstructed justice. Democrats will trust this conclusion exactly as much as Republicans would trust a Democratic attorney general to evaluate the actions of a Democratic president.

(snip)

…nothing in Barr’s letter excuses the fact that Trump hired and surrounded himself with some of the worst people in politics — felons and liars who sometimes committed crimes in the ham-handed attempt to cover up their own contacts or attempted contacts with Russian assets or operatives. The president’s personal lawyer, his campaign chair, his longtime friend and adviser, and his first national-security adviser (among others) each engaged in patterns of deception that were not only criminal, they created real and genuine alarm in fair-minded Americans that at least some people in the president’s inner circle were more than willing to work with our enemies abroad to gain financial or political advantage here at home.

But these facts notwithstanding, there are still grounds for immense relief that America’s most recent presidential election has been (further) legitimized and that years of speculation about President Trump’s ties to the Russian government have proven unfounded. These last 30 months of investigations — beginning well before Mueller’s appointment — are among the most divisive and contentious events in modern political history. As we wait to read the full report and move into the inevitable battles over its contents, we can be sure that more division and contention await. Yet today, at least, we can be grateful for the good news we have, and it is good news indeed.

Mark Joseph Stern echoes French’s argument in the sense that full disclosure of the Mueller report is also necessary for analysts to determine if Barr’s quick assessment and summary of the results of the 22-month investigation were an improper effort to head off further action against the president who appointed him to the job.

Barr outlined one key finding unambiguously: The Trump campaign, he wrote, did not coordinate with the Russian government to influence the 2016 election. That conclusion will come as a great relief to the president and his supporters, if Mueller’s report is as clear-cut as Barr indicates. But the attorney general’s summary includes a second finding that is confusing and equivocal. Mueller, Barr wrote, left “unresolved” the question of whether Trump obstructed justice. He instead laid out “evidence of both sides” and allowed Barr, along with Deputy Attorney General Rod Rosenstein, to use those findings to determine whether the president committed obstruction. On the basis of this evidence and analysis—which we cannot yet evaluate—Barr and Rosenstein decided that Trump did not commit such an offense.

This portion of the summary will remain a puzzle until Mueller’s report is released to the public. But Barr provided a clue to his reasoning, by suggesting that he did not see evidence Trump hampered the Russia probe with “corrupt intent.” As former Acting Solicitor General Neal Katyal has noted, it is hard to understand how Barr, or Mueller, or anyone, could gauge Trump’s intent, because the president has not been interviewed about his intentions. Why not? We know at least one person vigorously opposed to compelling Trump to submit to an interview: Bill Barr, whose 2018 memo declared that Mueller could not legally do so.

The full report will be beneficial to Congressional committees, too, to the extent that they are resolved to pull their heads out of their asses and start providing checks and balances of the executive branch rather than being the president’s cheering section and public defender.

So we wait, for…who knows how long.  Barr has said he’s all about the transparency, the president says he doesn’t mind at all if the report is made public, but there’s no requirement in law that it ever be released to anyone other than the AG nor any mention of a time limit for so doing.  That’s given Dahlia Lithwick time to bemoan the fact that facts don’t, in fact, seem to matter…that this issue has already devolved into political posturing and stupidity without most of us ever seeing what Mueller did, in fact, report.

Someday, when we’re sitting around the electronic campfires we’ve lit to pretend-warm the huts in our Mars colonies, we will tell our grandchildren about whatever vestigial memories we have of facts. Perhaps we will be able to date their demise to the 46-ish hours between the announcement on Friday, March 22, 2019, that Robert Mueller had submitted his final report to Attorney General William Barr, and the letter Barr released on Sunday, March 24, 2019, which purported to summarize its contents and legal conclusions entirely.

In those 46 hours, there were exactly two facts known: that nobody else had been indicted by Mueller, and that Barr did not find any proposed action by Mueller to be “inappropriate or unwarranted.” That was, quite literally, all we knew. And into that void—that absence of facts—swept the spin. On Fox News, the declamation came forth that there had been an actual finding, of, what else, “no collusion.” Indeed, as Justin Peters noted, the television news station that exists exclusively to protect and defend the president’s preferred narrative declared, without basis in any publicly known or knowable fact, that it was “No Collusion Day!” While every other network was trying to parse out scenarios and future outcomes, and carefully explaining that nothing definitive had been shared with the public, conservative media and congressional Republicans were already claiming that the facts had been amassed, and assessed and released, and supported their cause. Were they clairvoyant? Did they have some insider information? No, they just had the special feeling they get at Fox: The facts are not material to the claim. In the absence of any knowable facts, Republicans declare victory and invent their own. In the absence of any knowable facts, Democrats declare defeat.

Still, you kinda feel like there’s so much more to know, so much more you want to know.  We need to know…

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.

Resist, America!

Happy Birthday, you big ol’ wonderful U S of A, you!

db180701

Doonesbury Archive/Washington Post

More of the same, Mike.  It just keeps coming and coming, crazy outburst after incomprehensible decision.  An unprovoked trade war here, a cruel immigration enforcement policy there…how can we be expected to even keep up, much less resist?  It’s too hard, right?

Yes, it’s hard, but not too hard.  This isn’t over unless we let it be over.  (“Was it over when the Germans bombed Pearl Harbor?”)

America can’t throw up its hands and quit because our president lies to us, unconstitutionally profits off of holding the office, threatens our alliances all over the world, and shows no signs of changing his behavior.  There’s more and more of it every day, and it feels like we have no time to rest up from the onslaught from the White House, even a sliver of which would have been unimaginable before January 2017.  In Slate, Dahlia Lithwick used the occasion of the separation of immigrant families at the border last month to encourage us all to speak up and not let Trump’s treatment of America become normal.

That we are finding ourselves unable to process or act or organize because the large-scale daily horrors are escalating and the news is overpowering is perfectly understandable. But we need to understand that and acknowledge it and then refuse it any purchase. Because to be overwhelmed and to do nothing are a choice.

It’s a choice, and it’s also a luxury, because the asylum-seekers at the borders cannot afford to go numb. Female victims of domestic abuse who are coming to the United States to save their own lives cannot afford to go numb. Teen girls denied access to reproductive care do not have the luxury of going numb.

(snip)

There isn’t a lot we can control in the present time, but as any good counselor will tell you, we can absolutely control how we react to what’s going on around us. And this is the scene in the movie where even though you want to fall asleep in the snowdrift, you need to get up and walk around. If you decide to stop swimming and just drift for a while, you’re apt to wake up in a land you don’t recognize. Because “going numb” is the gateway drug to acceptance.

As David Frum wrote in January, reflecting back on the first year of Trump, “the unacceptable does not become more acceptable if it is accepted by increments.” It’s only easier to swallow and more apt to wear down our defenses. Don’t let other people tell you what to focus on. Choose for yourself. Sure, tune out that which makes you feel hopeless. But hold on to what motivates you to act. Find all the humans you can find who agree with you and make calls and register voters. Because if things continue on this way for people without funds, or with brown skin, or for women and children and the sick, there will come a time when we all have fewer choices. This is not yet that time. Get out of the snow bank, find the St. Bernard with the tiny flask of hope, and stomp around like democracy depends on it

You don’t have to be a member of Congress to fight back, although it sure might help if members of Congress started holding the president to account—that is part of their damn job.  We can all start by being careful in the language we use in talking and writing about what’s going on, and not lazily repeating the words Trump uses that make him seem stronger and more rational than he really is.  This is a spot where we all have to make an extra effort because the president has an advantage: our brains just naturally keep track of what is true and what is not, what makes sense and what’s just crazy talk, but he’s just spewing whatever he wants to be true at the moment he says it or Tweets it, with no effort at accuracy, or consistency, or even sensibility.  Lili Loofourow calls it a “linguistic emergency” and urges us to stop reinforcing his defenses.

Sidestep every attempt he and his allies make to equate treating people badly with being strong, because their efforts to link those concepts are working. Neutral outlets are defaulting to his language for what he does—he’s “cracking down” on unions! He’s taking a “hard line“ on the G-7! Driving “hard bargains”! These all position him as powerful, which he loves. The trouble is, it’s wrong. In practice, Trump’s positions slip and slide all over the place. He never got that “hard bargain” he allegedly drove (though he sure got credit for driving it). His deals fall through, his policy shifts depending on whomever he spoke to last. It would be the height of irony if the weakest president on record managed to rebrand himself as the strongman he so badly wants to be.

(snip)

A president’s lack of basic competence is worth accurately reporting on. And it must be reported on when there is nothing else of value worth reporting.

So why doesn’t this happen more? Two reasons: For one, I sense in much of the reporting on Trump a secret fear that maybe we’re missing something. He won, after all. And he keeps insisting that he’s strong despite all the evidence, so maybe there’s something we’re not seeing. This, as many have pointed out, is gaslighting. It’s why he always says he has a plan he won’t describe.

The second reason is that many news organizations still confuse neutrality with accuracy. Better to just report what he says and let the people decide, the thinking goes.

But that’s wrong. And that’s due to the power of language: Simply repeating his fantastical claims makes them seem less fantastical. What a president says usually matters a great deal. But because what Trump says usually bears no relation to the truth (or to what his own policies end up being) it therefore fails to inform the public, and is not worth repeating. He wants to propagate the story of a power he doesn’t have. We shouldn’t help him.

Jon Stewart made the same point, along with some others, when he visited his pal Stephen Colbert last week:

And remember, along with still having our votes to use this November, we in the resistance have one other advantage: unlike Trump, we have a sense of humor and can see the ridiculousness for what it is…all he has is a mirror.  Sad.

Tom the Dancing Bug for Jun 15, 2018 Comic Strip

 Tom the Dancing Bug at go.comics.com