“You don’t even have to be convicted of a crime to lose your job in this constitutional republic. If this body determines that your conduct as a public official is clearly out of bounds… Impeachment is not about punishment, impeachment is about cleansing the office. Impeachment is about restoring honor and integrity to the office.” — Lindsey Graham (R-S.C.)
“The president of the United States looked 270 million Americans in the eye, and lied, deliberately and methodically. He took an oath to faithfully execute the laws of this nation, and he violated that oath. He pledged to be the nation’s chief law enforcement officer, and he violated that pledge. He took an oath to tell the truth, the whole truth, and nothing but the truth, and he willfully and repeatedly violated that oath.” — Mitch McConnell (R-Ky)
“There is one standard of justice that applies equally to all, and to say or do otherwise will undermine the most sacred of all American ideals. [The] President has committed federal crimes, and there must be a reckoning, or no American shall ever again be prosecuted for those same crimes.” — John Thune (R-S.D.)
“As of April 27, including the president’s rally in Green Bay, Wis., the tally in our database stands at 10,111 (false or misleading) claims in 828 days.” — Washington Post
Have Republicans finally seen the light and figured out that Donald J. Trump is unfit for office given the clear-cut references to obstruction of justice in the Mueller Report? Hardly.
The quotes above refer to the impeachment proceedings against President Bill Clinton in 1999 and the fact that our current president has lied over 10,000 times since taking office. The hypocrisy speaks for itself.
And yet, the talk of impeachment — should Mr. Trump be impeached or not — focuses only on the disagreements within the Democrat Party. Not a word on the Constitutional duty for oversight and the rule of law from any Republican. The closest that any Republican now in office came was a statement from Senator Mitt Romney (R-Ut). Mr. Romney did not speak of impeachment or make a case that Mr. Trump should resign. He merely said that he was “sickened” and “appalled” by the actions of those in the Trump administration and campaign “including the president.” No reference as to what the consequences should be, but at least it was something. He was, of course, immediately attacked for his statement. After that, crickets.
And it gets worse.
“And you look at what Russia did — you know, buying some Facebook ads and try to sow dissent and do it, and it’s a terrible thing but I think the investigations and all the speculation that has happened for the last two years has had a much harsher impact on democracy than a couple Facebook ads….I think they said they spent about $160,000. I spent $160,000 on Facebook every three hours during the campaign. So if you look at the magnitude of what they did and what they accomplished, I think the ensuing investigations have been way more harmful to our country.” — Jared Kushner commenting on the Mueller Report
We have come to a place where a (the?) Senior Adviser to the President, downplays the fact that a foreign adversary interferes in our election and that he believes that the investigation of that fact was a bigger threat to our democracy. Oh, by the way. He got his facts wrong, and he failed to mention criminal activity hacking into the DNC data base and stealing damaging emails. But I suppose that is to be expected from this administration.
And it gets worse yet.
When the president’s personal lawyer was asked about the Mueller Report’s findings of Russian interference in the election during an interview on CNN he said, “There’s nothing wrong with taking information from Russians.” When given a chance to clarify his statement he said, “There’s no crime. We’re going to get into morality? That isn’t what prosecutors look at, morality.” So in the course of the Trump campaign we’ve gone from there was no contact with the Russians, to maybe there was contact but it was to talk about orphans, to if there was contact with the Russians there is nothing wrong with it, to we did contact the Russians but everybody would have done the same, to yes, of course we were in cahoots with the Russians, what’s wrong with that?
And it gets even worse.
According to the New York Times then Secretary of the Department of Homeland Security (DHS) Kirstjen Nielsen tried to bring up cyber security and Russian (and other foreign adversaries) interference in the 2020 election. She was thwarted by Acting Chief of Staff Mick Mulvaney who told her not to bring it up in front of the president. She was told that Mr. Trump equates any discussion of Russian interference in the 2016 election as questioning the legitimacy of his election. As a result, there have been no Cabinet level meetings on the subject and no presidential level directives to prepare to defend the country against future attacks. So much for the president upholding his oath of office. Additionally, I will take a quick note to remind everyone that the DHS is not primarily focused on immigration. At least it wasn’t until this administration. It is involved in counter-intelligence work, cyber security and many other areas vital to our country to protect it from real threats to our security, not manufactured border crises.
Mr. Trump is the biggest threat to our democracy of any president in my lifetime, and possibly ever. My lifetime includes the presidency of Richard M. Nixon. He at least had certain standards that even he would not dismiss. A scoundrel yes, but a scoundrel with at least some understanding of what our country stands for. There were lines even he would not cross. Mr. Trump knows no boundaries and now he is aided and abetted by Republicans in the House and Senate that apparently have no boundaries either. Somehow they have made a pact with the devil that they will support and defend anything Mr. Trump does or says in order to get a tax cut and conservative judges on the federal courts. It seems nothing else matters.
By their actions and words it is clear that the Republican Party no longer has any intellectual or moral underpinnings. Their sole reason for being is to defend the president, no matter what. The Republican Party in Washington ceased to exist. Trumpism prevails.
To me this is not a matter of policy or a matter of Democrats just not liking the president. Like has nothing to do with it. Mr. Trump is destroying the moral fabric of society and deliberately stoking fear and loathing in order to achieve his own ends.
All presidents deserve thoughtful criticism and reasonable people can reasonably disagree on a given policy. This is more than that.
Please tell me that you would hold Mr. Trump’s actions, words, and demeanor up to your children as an aspirational goal you would be proud to see them achieve. If you cannot do that, then why do we tolerate it in our president? What happened to our desire to see a person of great character as the leader of our country?
And please, spare me the “what abouts.” Not all of our presidents or party leaders have been icons of virtue, but can you truly say that anyone of them in our lifetime was worse than Mr. Trump? This is not a “it happens on both sides” issue. It is not.
While the Democrats move to and fro tearing themselves apart contemplating their collective navel as they try to decide whether and how to hold Mr. Trump accountable under their duty as sworn to in an oath to protect and defend the Constitution, Republicans sit smugly on the sidelines appearing systematically to kiss Mr. Trump’s — well, you know. Not a leader among them.
We get so caught up in the day-to-day travesty known as the Trump Administration that we lose sight of the forest for the trees. Everyday brings a new outrage. It is hard to keep up. Step back sometime and think about the totality of his destructive work. Taken as a whole, he is a one man wrecking crew with his advisers and apologists in Congress gleefully sifting through the wreckage.
We now know who Mr. Trump is and little about him surprises me any more. He outrages me, yes, worries me, yes, but not much new in his spiel. What worries me more is that so many people go merrily along with him hoping that some day it will make their lives better. Where is the evidence for that? Apparently, the motivation for Republicans in Congress and those working for him in the White House is power. Pure unadulterated power.
I wonder how they manage to look at themselves in the mirror each morning. Shameful.
Two significant events took place yesterday. In one, the Attorney General went before the good people of the United States, and to put it kindly, embarrassed himself when he uttered misleading and deceptive statements regarding the Mueller Report. The other event was the release of the 448 page redacted report itself. In reading the Report it became clear that Attorney General William Barr is a shill for the President of the United States and will act in a manner consistent with many in the Trump Administration as outlined in the Mueller Report. Lying and abuse of power are the norm as is so evidently clear in the Report. (I have not yet read all of it — a compelling read, by the way. You can find it here. It reads a lot like a mob crime novel.) There is so much detail in the Report that it is easy to get distracted or to just stop and shake one’s head at the immoral and unethical activity detailed in it. For now, let’s take a big picture view of what did and did not come out of the Report.
Not to put too fine of a point on it, but the Report most certainly does not exonerate the president. It does not recommend prosecution of the president, but Special Counsel Robert Mueller clearly lays out a road map for Congress to act if it so chooses. More on that below.
The Report comes in two volumes, one on Russian-Trump Campaign coordination and one on obstruction of justice efforts. It is significant to note that the Report does not contain any counter-intelligence information. In other words, it doesn’t answer the question if one or more of those involved in the Trump Campaign and Administration were involved with a foreign power (or powers) to act in a way that furthered the interests of those countries at the expense of our own. A very major hole in the entire Report. It is also pertinent to remember, that Mr. Mueller took a very narrow view of his charter and stuck mainly to investigating Russian interference and the president’s subsequent reaction to that investigation. There are numerous “spin-off” investigations taking place in New York, Virginia, Washington D.C. and elsewhere. Those are not impacted by this Report.
When reading Volume I, remember that “collusion” is not a legal term. (Which makes it even more embarrassing that A.G. Barr said at least five times in his press conference that there was “no collusion.” Of course there wasn’t. It’s not a legal term. He was clearly pandering to an audience of one. But I digress.) Mr. Mueller does not use the term collusion anywhere in the report. The correct terms are conspiracy and coordination. Mr. Mueller said that the Trump Campaign activities did not rise to the level of a crime provable beyond the shadow of a doubt, but that there were numerous contacts between the campaign and the Russians. More specifically he wrote in the Introduction to Volume I that:
As set forth in detail in this report, the Special Counsel’s investigation established that Russia interfered in the 2016 presidential election principally through two operations. First, a Russian entity carried out a social media campaign that favored presidential candidate Donald J. Trump and disparaged presidential candidate Hillary Clinton. Second, a Russian intelligence service conducted computer-intrusion operations against entities, employees, and volunteers working on the Clinton Campaign and then released stolen documents. The investigation also identified numerous links between the Russian government and the Trump Campaign. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.
Russia interfered in the election. Russia actively worked to help Mr. Trump and damage Secretary Clinton. The Trump Campaign knew about it and expected to benefit from it.
In Volume II the Special Counsel lays out the reasoning behind not charging Mr. Trump with the crime of obstruction of justice. This section is, to me, quite interesting and exceedingly relevant. To the contrary of A.G. Barr’s assertion that Mr. Mueller could not make a determination, the Report clearly states why they did not recommend prosecution of the president for his actions. Mr. Mueller followed the existing policy of the Department of Justice (DOJ) that a sitting president cannot be indicted. However, he says, a president can be prosecuted after he leaves office. Therefore, the Report states in the introduction to Volume II, that in order to safeguard “the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.” A big hint that criminal prosecution may be advisable in the future or that the Congress can use the information in the near term.
Additionally the Report goes on to say that it would not be fair to accuse the president of a crime, even though he is not indicted, because without an indictment no trial could be held and if there was no trial, then the accused could not defend himself. In other words, under the rules we can’t indict a president, so we can’t bring him to trial, therefore we won’t say he broke the law, but we won’t say he did not either. A considerable difference from the way A.G. Barr depicted the situation. In fact, Mr. Mueller lays down a pretty compelling case that Mr. Trump probably did obstruct justice beyond a reasonable doubt.
Here is the kicker. In the introduction the Report says that:
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, however, we are unable to reach that judgment. The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.
In other words, we can’t say he committed a crime because then we would have to act, but we cannot act while he is in office, but (hint, hint) we do not exonerate him. In fact, the only reason that Mr. Trump did not further obstruct justice was because some of his staff would not lie or act illegally on his behalf. As the Report puts it, “The President’s efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests.”
Who can take action? The Congress. The Report also takes note of that fact. In a long discussion of the legal precedents and other factors governing presidential powers and Congressional powers as delineated in the Constitution, it states in part that,
Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructing justice through the use of his Article II powers. The separation-of-powers doctrine authorizes Congress to protect official proceedings, including those of courts and grand juries, from corrupt, obstructive acts regardless of their source.
The Report goes on to conclude that,
Finally, we concluded that in the rare case in which a criminal investigation of the President’s conduct is justified, inquiries to determine whether the President acted for a corrupt motive should not impermissibly chill his performance of his constitutionally assigned duties. The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.
In the context of the full report, it seems that Mr. Mueller is trying to lay out a road map for the Congress to take action.
The real question is whether or not the Congress will act on this extremely damaging delineation of the rampant corruption and flouting of the norms that used to govern our presidents. Mr. Trump clearly has no interest in upholding his oath to defend the Constitution. Will Congress?
Many political arguments are underway as to the pros and cons of initiating impeachment hearings. One could argue that there should be no political considerations to be had. Either the Congress has the duty to begin such proceedings given what we know (which is only the tip of the iceberg) or it doesn’t.
It most definitely is not time to “just move along.” We must hold our elected officials to account. As the true magnitude of this Report sinks in we as a nation must make considered decisions as to how to deal with it. We either have a country of laws where no one is above the law or we do not. So far, it appears we do not. Even as I write this the president is in his lair at Mar-a-Lago using his Twitter feed to send out expletive filled expressions of rage to denigrate the Report, those that did the investigation, and those that had the courage to stand up to the president and refuse to do his bidding and told the truth about what happened.
Worse yet is that regardless of how one feels about Mr. Trump and what action should or should not be taken to hold him accountable, the evidence that the Russian Federation interfered in our 2016 election is irrefutable. And yet, the president, who took an oath “to preserve, protect and defend the Constitution of the United States” still refuses to acknowledge the attack on the United States.
That alone should be an impeachable offense.
My biggest concern is that once again the president will take away the lesson that he can get away with anything and not be held to account. Given his past performance, I think we can expect him to further ignore the law and to act outrageously. There is no one to stop him and he now has an Attorney General that acts as his personal attorney ready to protect him.
Let us hope that the House of Representatives continues to exercise their Constitutional duty to provide over sight of the Executive Branch of government. Otherwise, it’s “Katie bar the door.” Hang on for a wild ride.
…Don’t it always seem to go, That you don’t know what you’ve got till it’s gone…
—– Joni Mitchell from the song Big Yellow Taxi
From time to time I try to do a self-evaluation as to my perspective on current events under this president’s administration. In a nod to Chicken Little, I wonder if things are really as bad as they seem or whether I am falling prey to the hype. Am I running around yelling that the sky is falling for no reason? In my view, there is less hype and more to be genuinely concerned about with this president as time goes by. I worry that the incremental destruction of our political norms and traditions is passing the notice of many of our fellow citizens and that one day we will wake up and realize that what we all assumed was right in these United States is now gone.
Consider the following:
- The president gutted the Department of Homeland Security (DHS). We now have an Acting Secretary of Homeland Security and key department heads are missing or also have “acting” leaders including the Deputy Secretary of Homeland Security, the Undersecretary for Management, the Director of the Secret Service and the Director of Immigration and Customs Enforcement (ICE). Any day, the Director of Customs and Border Protection (CBP) will be empty as he becomes the Acting Secretary. Additionally in the DHS the FAA and FEMA are headed by acting directors. There are other key offices empty.
- When the president was asked who is in charge at DHS given all the vacancies, he replied, “Frankly there’s only one person that’s running it. You know who that is? It’s me.”
- There are 716 positions in the government that require Senate confirmation. Of those there are 140 with no nominee. Only six are awaiting confirmation. Positions without permanent leadership include the Secretary of Defense, the president’s Chief of Staff, and the Office of Management and Budget (OMB). The other positions are generally department heads or at the Deputy and Assistant Secretary level across the government, in other words, the people that actually get things done.
- The president is trying to interfere with the work of the Federal Reserve, an institution previously thought for decades to be above political interference which is critical to its credibility and role in shaping the U.S. and world economy.
- The Attorney General of the United States is refusing to release the entire Mueller Report to the Congress. He alone (or will it be with help from the White House?) will determine what will be released. While it may be reasonable to withhold some of the report’s information from the general public, refusing to release it to Congress, who is authorized to deal with classified information and grand jury proceedings, makes it impossible to know whether the true story of the investigation will be known. Additionally this week, Attorney General Barr asserted that the government was spying on the Trump campaign. As he said, “I think spying on a political campaign is a big deal. I think spying did occur.” When asked to provide proof, he said he could not. How convenient. The man who controls what parts of the impartial investigation may be released can assert whatever he cares to and then not have to provide evidence.
- The Attorney General got his job by currying favor with Mr. Trump. His hiring is paying off for the president as Mr. Barr repeats many of the president’s talking points and provides further fodder for his assertions that he was “exonerated” (he wasn’t), that it was all a “hoax” (the entire intelligence community says it was not), and that it was an “attempted coup” (forgetting that the Special Counsel, Attorney General, Deputy Attorney General, FBI Director, etc., etc., etc.) were all this president’s appointees. The president procured a personal attorney in Mr. Barr, and the United States lost an Attorney General. (One might ask Mr. Trump and his supporters how a corrupt, phony, political vendetta prone organization could “exonerate” him. A seemingly direct contradiction.)
- Additionally, the Attorney General refuses to support the law of the land — the Affordable Care Act twice upheld in the Supreme Court — primarily because that’s the president’s position. It’s kind of scary if a president can seek to overturn laws he doesn’t agree with by directing the Department of Justice to work to overturn it, even though it was twice deemed Constitutional.
- Speaking of not following the law, it appears that Secretary of the Treasury Mnuchin will direct the Internal Revenue Service (IRS) not to turn over Mr. Trump’s tax returns. This in spite of the fact that under the law the Secretary is not to interfere in decisions made by the IRS and the fact that a law is on the books that says the IRS “shall” turn them over to Congress upon request (not “may”, “could”, “might” or any other modifier). The law is a 1924 statute enacted to uncover fraud within the Executive Branch following the Teapot Dome scandal.
- After declaring a National Emergency and sending additional troops to the border, there is no Senate confirmed Secretary of Defense and no Secretary of Homeland Security. Not even nominees. Where is the oversight? Mr. Trump professes that “I like acting. It gives me more flexibility.” In other words, he likes people to be unsure in their jobs because it gives him more control over them. Additionally, he does not have to worry about too many tough questions coming during Senate confirmation hearings.
- Frustrated by the asylum laws governing immigrants, the president wants to undo them all and in fact argues that we eliminate judges that adjudicate the laws about asylum. As he said this week, “And we have to do something about asylum. And to be honest with you, you have to get rid of the judges.”
- Among other measures being considered (again!) in the White House is an Executive Order ending birthright citizenship (anyone born on U.S. soil is considered a citizen). So apparently the president and his advisers think that the president can unilaterally overturn the Constitution. In this case, the 14th Amendment.
I could go on and on. I find it very troubling that the assaults on the rule of law continue unabated and indeed, seem to be increasingly frequent and harsh. On the other hand, the president is a known blowhard who continually speaks outrageously and without knowledge of nearly any subject. Should we worry about his pronouncements or is it just more sound and fury rather than substance? If during his presidency he has already told over 9,000 provable lies should we just dismiss most of his statements as more lies? Or is there something there?
I think that there is something there. The president does not seem constrained by any law from taking action, even though many of his most controversial policies have been consistently overruled in the courts. He and his administration willfully ignore attempts at oversight from the Democrats in the House of Representatives. Republicans in the Senate are too afraid of being “primaried” (when did that become a word?) to stand up to him. Where are the limits to his power as he continues to push the boundaries and in many cases break them? Or are these concerns of mine just a gut level reaction to his abominable personality and persistent bullying and belittling?
In my heart I know that Mr. Trump cares nothing about the people of the United States. He cares only of himself and arguably his family. Whatever helps him personally and allows for his family to continue to make money off of the presidency is all that keeps him focused.
My concern is that having rid himself of nearly everyone in his Cabinet and close advisers that stood up to him to point out that his actions were unlawful, immoral or unethical (and in some cases all three) is gone. Now he is surrounded by enablers. I fear that as time goes by he will become ever more autocratic in outlook and action. Reportedly, Mr. Trump models himself after President Andrew Jackson. Remember what President Jackson is said to have remarked about a decision made by the Supreme Court under Chief Justice John Marshall, “John Marshall has made his decision. Now let him enforce it!” (President Jackson ignored the Supreme Court’s decision in Worcester v Georgia. The case involved the sovereignty of Native American tribal lands.)
Mr. Trump is headed in the same direction as Mr. Jackson. He sees no limits on his power and believes that he can ignore the law where it suits him. And why not? Throughout his entire life he has never been held accountable for his actions in any meaningful way. With A.G. Barr’s unilateral assertion that the president is exonerated under the Mueller investigation, what is to make him think that anything or anyone will get in his way?
Sometimes I do think that I am Chicken Little. Maybe I worry about the course of our nation a little too much. Unfortunately, I am also a student of history and current events. There are just too many examples throughout time where revolutions and the loss of freedoms did not happen overnight, but rather incrementally and slowly. Most people’s lives were not immediately or directly impacted and so they didn’t pay close attention or fret over it. And then one day, it was too late. They didn’t know what they had until it was gone.
One at a time Mr. Trump’s actions may be more annoying than substantive. Put them all together and it paints the picture of a man who knows no boundaries. A president who is slowly eliminating his opposition and consolidating power in his own hands.
An old U.S. Navy saying goes “Eternal vigilance is the price of safety.” We should all remain vigilant to the actions of our president.