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.

Our elections are under attack and Trump doesn’t much care

Yes, Adam Schiff is a Democrat, but Robert Mueller is a Republican.  If you can’t conceive of a world in which someone not of your political party can be telling the truth even when it is not supportive of your party or school of thought, save yourself some time and trouble and stop reading right here.  Because this is about how Russians are attacking American elections and the Trump Administration isn’t doing anything about it.

Dahlia Lithwick in Slate last week reminded us that the special counsel’s investigation—which became necessary only because the president’s attorney general had to recuse himself from the whole matter because he had been part of the campaign—was originated to look into Russian interference in the election, not into crimes by Donald Trump or any other American.

Robert Mueller was originally charged with investigating Russian efforts to influence the outcome of the 2016 election and that only secondarily was he tasked with figuring out whether the president had obstructed justice by impeding that investigation. The whole point of this sad affair—lost entirely on a Law & Order nation intent on seeing the Mueller investigation end with Trump in handcuffs on the White House lawn—was that Russia hacked an election, that it is right now hacking the next election, and that this is a threat to national security and the long-standing American experiment in representative democracy. On this one point, Mueller was emphatic: “They’re doing it as we sit here, and they expect to do it in the next campaign,” Mueller told the House Intelligence Committee. Indeed that, and not the commission of specified crimes, was always meant to be the special counsel’s yardstick.

Rep. Adam Schiff, who chairs the House Intel Committee, has been making this argument for more than a year, trying to remind the American people that criminality is not the baseline; criminality is a side dish. Congress is meant to be overseeing and investigating something far more important and also something far less quantifiable—not just whether Donald Trump committed crimes (Mueller functionally tagged him for that regardless)—but whether Donald Trump sold out, devalued, shilled for, and grifted around American democracy over the course of the 2016 election. The question for Mueller has always been whether Russia interfered in an election (it did), whether Trump benefited (he did), and whether he tried to stymie the investigation into this concern (he did). All of that was laid bare on Wednesday for anyone who was listening. Trump campaign members were exchanging polling data with Russian intelligence operatives and hosting meetings at Trump Tower in order to obtain “dirt” on Hillary  Clinton’s campaign. Trump was lying about all the Russia contacts before he was even caught lying about it. This is not in dispute, even as all the screaming over the origins of the Steele dossier attempts to distract from these facts.

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Donald Trump prioritized his brand over American national security during the election, and he gave foreign interests ample opportunity to exploit and capitalize on those actions, both during the campaign and after. His campaign prized winning and, if he did not win, his ability to still build a hotel in Russia over American interests. Nobody disputes any of this. Republicans in Congress admire it. Half of the American electorate forgives it, sold on the dream that to be “successful,” i.e., to make money freely, is the ultimate expression of American aspiration. The Trump campaign exposed and continues to expose the country to foreign meddling, and it continues to make itself vulnerable to foreign blackmail. And the GOP is unbothered, because it is prioritizing party over patriotism, and party over national election security.

This president spends a lot of time criticizing people who oppose him by asserting that they don’t love this country.  (Merely opposing what a president—any president—says or does or wants to do is not evidence of lack of love for America; you can make the argument that it is the quintessentially American thing to do, that speaking out for what you think is best for America is clear evidence of love of country.  Trump himself has been doing it for years!)   Yet we are to believe that Donald Trump loves his country although, in the face of clear evidence that Russia is attacking us by interfering in our elections, he’s taken no action to punish the attackers or to protect us from future attack?  When he, in fact, makes repeated public and oleaginous displays of cozying up to the leader of the country that is attacking us?

Mueller’s testimony before two House committees last week has been criticized for not being a good enough “show.”  That’s not the point, or shouldn’t be.   There are two points, actually: the fact that the Russians are attacking us, and the fact of what Mueller’s investigation found about President Trump’s actions while investigating those attacks.  As reported in The Nation, Judiciary Committee chairman Jerrold Nadler narrowed the focus:

NADLER: Director Mueller, the president has repeatedly claimed your report found there was no obstruction and completely and totally exonerated him. That is not what your report said, is it?

MUELLER: Correct, not what the report said.

NADLER: You wrote: “If we had confidence after a thorough investigation of the facts that the president clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are not able to reach that judgment.” Does that say there was no obstruction?

MUELLER: No.

Nadler pursued the matter further, asking, “Can you explain what that finding means so the American people can understand?” Mueller replied, “The finding indicates that the president was not exonerated for the act he allegedly committed.”

That may not have been a revelation for Americans who read the Mueller report. But it was a conclusion that was so jarring, when stated by a veteran investigator and prosecutor, that Nadler sought a final confirmation of the special counsel’s determination. “In fact,” said Nadler, “you were talking about incidents in which the president sought to use this official power outside of usual channels to exert undue influence over your investigations. Is that right?”

“Correct,” replied Mueller.

I found a couple more things I’d like to share, starting with concerns about proceeding on impeachment when there’s a good chance the Republicans controlling the Senate would do anything to protect the president of their party:

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Thanks Tom the Dancing Bug/gocomics.com

I’ve never been prouder

It should be exquisitely clear to all of us by now that our president will never understand.  He thinks he was elected king of America, and that we owe him fealty.  We do not.  We owe respect to the office and to the person who holds it, when that person’s actions show he or she is deserving of that respect (just ask any of the Obama haters!), but we are allowed to disagree with the opinions and positions held or expressed by that person without fear of government retribution.  In fact, as free people we have a duty and responsibility to stand up for our rights, and for what’s right.

Most people understand that the athletes who have knelt or otherwise protested during the national anthem at their games have NOT been protesting the national anthem; they have chosen a high-visibility opportunity to express their opinion on other issues, and done so with the understanding that they could suffer adverse opinion of some of their fellow citizens, which many have.  But that’s the deal: the First Amendment gives each of us the right to speak our minds, and to react and respond to the opinions of others as we choose.  The government doesn’t have to like what we say, but it cannot take action to stop us from speaking our piece.

Most people understand this…not all.

So, from this…fertilizer…spread by the president this weekend–

…arose these blooms, among many:

https://twitter.com/Robert_K_Kraft/status/911940868944343040

Thank you, my fellow Americans, for speaking up.