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.”

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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.

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…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.

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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.

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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.

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…

It’s not all about Trump

…even if he thinks it is.  It’s not.  And I ran across an interesting column in today’s Washington Post which offers just six quotations as evidence that the weird-ass dysfunctionality of our politics, if not our society in general, is seen in more than just the batshit-crazy emanations from the Toddler in Chief.

He’s there on the list, of course, at #1, but not quite in the way I would have expected.  Writer James Hohmann turns to this week’s budget submission document from our “I’m all about business and will shrink the deficit and take care of the budget” president for the quote that shows there are still some adults standing watch in Washington who are trying to send a signal to the brainwashed (folks wearing red ball caps, to protect their very clean brains) about what this administration is doing to our economy:

“Even with high levels of economic growth, excessive deficits continue to threaten the Nation’s progress, and any unforeseen shocks to the economy could make deficits unsustainable,” it says. “If financial obligations continue to grow at the current pace, the Nation’s creditors may demand higher interest rates to compensate, potentially leading to lower private investment and a smaller capital stock, harming both American businesses and workers.”

It’s not that this budget submission is going to become law as is; Congress hardly ever passes the budget that any president proposes.  This one came from the man whose most significant achievement of his first year in office (just in under the wire) was to pass a giant tax cut that is already swelling the debt and the deficit.  I’ll admit that my federal income taxes were down for 2018 as compared to 2017 so I’m benefitting, at least in the short term.  I don’t know that any of us benefits in the long haul in an economy in which, as the White House itself warns, deficits are going to stay above a trillion dollars a year “for the foreseeable future” and that the national debt “will soon surpass a percent of GDP not seen since 1947.”  Hohmann notes, “The White House projects that the government will need to spend $482 billion on interest payments for the debt next year alone.  That’s more than the entire budget for Medicare.”  Good allocation of resources, Donnie.

Second quote, from the noted not-Trump hater Dick Cheney, who was talking tough with VP Pence about the administration’s foreign policy at a conservative function in Georgia last weekend:

“We’re getting into a situation when our friends and allies around the world that we depend upon are going to lack confidence in us. … I worry that the bottom line of that kind of an approach is we have an administration that looks a lot more like Barack Obama than Ronald Reagan.”

I first thought the next thing to say here was to marvel that this Republican administration is frightening the previous Republican administration when it comes to dealing with our allies, but I decided that was wrong: it’s not fair to Republicans—the mass of good, not-crazy ones—to label Trump a Republican, and it’s no surprise that former diplomats and officials and the defense hierarchy disagree with Trump’s attitude of telling our allies to just shut up and be grateful we deign to be on their side.

Pence, unprepared for tough questions, mostly shrugged off Cheney’s concerns and praised Trump as a transformational leader. Reading the transcript shows what a total loyalist Pence has become to Trump. He staked out several positions that are at odds with the posture he took as a congressman and governor.

Moreover, the conversation between the two men who have held the No. 2 job underscored the deep fissures that remain inside the GOP over Trump’s foreign policy. It’s the same tension that led to Jim Mattis’s resignation in December as defense secretary after Trump abruptly announced the complete withdrawal of troops from Syria. The president eventually relented under pressure from hawks on the Hill. Some troops will stay.

Consider the other quotes: Nancy Pelosi thinks impeaching Trump is “not worth it” because it’s so divisive, Paul Ryan predicts Trump will lose in 202o if the race turns out to be “about Donald Trump and his personality,” Tucker Carlson doesn’t deny and doesn’t “bow to the mob—ever.  No matter what.” when he’s exposed for hateful comments made more than ten years ago (which should not to be confused with the hateful comments he makes on his Fox News Channel show these days with regularity).   They all offer us a chance to think, if we choose to.

Oh, wait, there was one more quote.  It was reported by people who were in attendance at a GOP fundraiser at Mar-a-Lago, and was flatly not denied by the president’s press secretary:

“The Democrats hate Jewish people.”

Said Donald Trump.  No further discourse required.

Wait, you don’t suppose it really is all about Trump after all?  Do you?

Furlough Journal: The good, the bad, and the stupid

Surely this is happening all around the country, as we’re in the fifth week of a totally avoidable shutdown of parts of our federal government.  (Including the part that employs me.)  But I know it’s happening here in Houston, because this morning Houston’s Leading Information Source tells me it is.  Of the 800,000 or so federal employees who are out on furlough and learning to do without paychecks—because, essentially, a girl on Fox News challenged the manhood of our tiny-fingered president and that led him to renege on his commitment to sign a bill funding the government—more than 200,000 of them are in Texas and 30,000 of those in the Houston area.  It’s heartening to read about the local businesses taking action to help neighbors and customers who are strapped for cash.

There are restaurants offering free meals to federal employees; pharmacies charging discounted prices on prescriptions; banks waiving late fees or allowing customers to miss a payment with no penalty; a credit union offering interest-free loans to furloughed workers to cover their missing paychecks; phone and internet companies and utilities offering payment plans.  I’m keeping a list of these good neighbors so I can patronize them in the future, and maybe take them up on their offers if I have to as we wait to see where this unprecedented national hostage-taking leads us.

In the meantime, what’s being done to end this nasty situation and get us back to our normal routine of overeating and underexercising, staring blankly at cat videos, and worrying about whether our favorite social media influencers are getting enough online attention?  Well, after more than a month of not even talking about a single damn thing that the president hadn’t already said he would agree with (BTW, why should that be a concern with a president who never keeps his word?), the leadership in the Unites States Senate plans to take a couple of votes it already believes are doomed to failure.  But at least they’re trying, right?  Because that’s what a co-equal branch of government charged by the Constitution with providing checks and balances on the other branches of government is supposed to do, not act like it has no authority or free will or good judgment of its own and shout over and over again “Thank you, sir, may I have another?”.

The White House appears to have come to a complete and safe stop about any and all other issues—except for the president’s yes-I-will-oh-no-you-won’t fight with the House speaker over a State of the Union speech next week, and the president’s laughable “threats” to the family of former Trump lawyer Michael Cohen that have given Cohen a laughable excuse to cancel his scheduled testimony on Capitol Hill about…what was it again?  Oh, yeah, about his financial crimes and possibly the campaign finance law violations in which he implicated his former boss.  Good times.

But there is some targeted action in the Senate intended to keep this jackassery from happening again in the future, and for that I am very glad if not downright giddy:

Try this at home, it’s fun

I didn’t mean for it to happen, I swear…but I was driving home and had the radio on—yes, terrestrial radio; sue me—and before I could think to change the station or to flip over to the music on my phone, there it was.  Like a regularly scheduled feature, I became conscious to the news report on what I think of as the president’s outrage of the day: the thing about which the president is feigning outrage and saying words that clankle off the ear as one tries to parse sense from nonsense.  In today’s case he was accusing Google and other Internet sites of intentionally skewing their search results to feature news articles which cast him in a negative light.  (It’s what we old guys in the news business would refer to as “bad news” from his point of view, and something that most people who live in the public eye know is coming their way, can’t be avoided entirely; Trump refers to this as “fake news” or sometimes “Fake News” or some other times “FAKE NEWS!”)  What’s more, he was promising to “address the situation without providing evidence or giving details of action he might take.”  Put that down as the shock of the day, right?

And it occurred to me, what would I find if I Googled “what the hell did Trump say today” and so when I got home I did just that.

I haven’t been keeping track of all of the surprising, strange, unusual, odd, bewildering, outrageous, incorrect, untrue, misleading, ridiculous, self-centered, tone deaf, racist, ill-intentioned things he has said…initially it didn’t seem like it was something that would happen very frequently, but then because I got so woefully behind the curve so goddamn fast it was pointless to try to catch up.  But I don’t have to, because Matt Kiser’s already doing it.  When I Googled “what the hell did Trump say today” the first entry returned was a link to What the Fuck Just Happened Today?, a selection of news headlines from Trump’s America with links to the source stories.  (Click on the audio embed at the top of that page today and listen to a bit of Shep Smith’s incredulosity on the “Google story” du jour.)

Other fun stuff for sharing today:

https://twitter.com/mileskahn/status/1033736771287351296

…and this, which isn’t fun but is important to pass around to as many as we all can, since we live in Trump’s America: