Impeachable Offenses – Disloyalty and Denial

December 10, 2019

Arguments about what should be in articles of impeachment divert our attention from the main point. Donald’s phone call with the new president of Ukraine should have made clear to all of us that the president is disloyal to America, willing to sell our security for a foreign leader’s press conference to make Donald look like a wizard instead of a duck. If we can’t trust the patriotism of the president, we can’t trust him to get anything right – except by accident.

His defense? Republican members of the Judiciary committee brought Professor Jonathan Turley to the stand to criticize Democrats for rushing when there are a lot of other witnesses with knowledge of Trump’s misbehavior. If there is anything favorable to Mr. Trump in what they would say, it has always been in his power to have them say it – it was Donald who told them to shut up, Donald who told them to stiff the subpoenas, Donald who threatened anyone who showed up to testify. It is perfectly appropriate for us to conclude that whatever they would say would make it even worse for Donald. Republicans are asking us to buy a completely irrational argument – that witnesses that Donald prevents from appearing would testify in his favor. Only if the Democrats were preventing witnesses favorable to Donald from testifying would their behavior be unfair. Instead, the Republicans are insisting that the Democrats are unfair because they refuse to fall into that trap. That’s Republican clap-trap and no American with their wits about them would fall for such nonsense.

Trump’s denial of science won’t make it into articles of impeachment, but is one of the most important reasons to get rid of him. Scientists test – will this work? What will happen if we do this or that? They can’t promise us a conclusion. Just the facts; sometimes good news and sometimes not. Trump just picks the conclusions he likes.

Mama didn’t get to choose her diagnosis. If she could have, she would certainly have preferred the family physician who told her that lump on her breast was arthritis. But I have lived with the belief that had he gotten the science right, had he told us the bad news, she might have lived to meet her daughter-in-law and her grandchildren and they her. And oh the joys they’d all have shared.

Remember Trump’s claim that he could get away with murder on 5th Avenue. The environmental damage Trump is doing to favor the short term profits of his rich friends will drive millions of people out of their homes if they’re lucky, or kill, starve or suffocate them if they’re not, dwarfing the death toll in Hitler’s concentration camps, and we will all be his victims – the working men and women, laborers, middle class – all the people Trump has fraudulently claimed to help. Mass murder is the highest of crimes and the strongest of reasons to impeach a president.

People on other continents have been converted from poachers to defenders of our natural patrimony with well-targeted incentives. But it won’t be done by an Administration that stimulates violence, encourages global warming and seeks to rid the world of everyone but his storm troopers.

Doctors would properly be stripped of their licenses. Presidential malpractice in the face of impending calamity should cost him his office.

The president is disloyal. He is arranging the death of innocent men, women and children on 5th Avenue and everywhere else. His congressional supporters have lost their minds and want us to throw ours into the trash heap with theirs.

We’ve got to clean up the White House and the environment with the method that Mary Martin made famous in South Pacific – we’ve got to wash those men right out of our hair – and every place else!

— This commentary was broadcast on WAMC Northeast Report, December 10. 2019.

 

 


Impeachment for Corruption

April 14, 2018

We’ve discussed how impeachment organizes the disparate issues surrounding Donald Trump. We’ve focused on the poor political prospects of presidents who faced impeachment and the poor prospects of those presidents’ parties. We’ve examined the history of the constitutional language, especially “high Crimes and Misdemeanors.” We found that a major purpose of the language was to enable Congress to stop corruption in its tracks. Corruption of public officials was a major target of impeachments in both England and America, leading to our constitutional text.

The Founders were very concerned about corruption. One constitutional clause barred public officials from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or Foreign State,” and a second clause barred presidents from receiving any emoluments other than pre-determined compensation from the U.S. or any state. They couldn’t accept gifts. And they couldn’t accept other benefits, emoluments, including as pay for service. We have elaborate laws about gifts to public officials. They cannot, they must not accept pay as public officials for what they have to do anyway. Judges are generally quite scrupulous. When my classmate, Judge José Cabranes, officiated over a wedding for our son, I asked other judges what I could do in response. They told me anything I did, even though we are old friends, had to be minimal. Justice Sandra Day O’Connor wrote a chapter for a book I edited years ago. I arranged for all the contributors to share whatever royalties the book produced. Justice O’Connor was adamant that she would not take a cent – we put her share of the royalties into a scholarship fund instead. And you may not know that when foreign officials do bring presents to American public officials, the American officials are required to turn those presents over to be warehoused for use in public offices but not given to any public official to keep privately.

There were reasons that the Founders were so concerned. One source of the American Revolution had been the colonists’ anger at all the perks and goodies heaped on officials appointed by the Crown, and the colonists also reacted to the airs those officials put on. But the problem goes much deeper into economic and patriotic reasons. Opportunities steered toward public officials act like a tax on trade as other businesses have to struggle all the harder for business. Opportunities steered toward public officials distort the market because business doesn’t go to the best, but rather to the powerful. The economies of countries where those practices are common do much worse than those free of that kind of corruption. Until recently it’s not been a problem here.

The patriotic problem is loyalty. People perceive that doing business with Trump or his enterprises is more likely to win Trump’s favor and therefore affect American policy. They perceive it because it is ordinary human behavior to bless those who bless us. But it is precisely wrong for a president – their job in the White House is to pursue the best for America, not the best for their own businesses. No one asks presidents to impoverish themselves. I believe Truman was the last to retire without a presidential pension. And they can put their assets in a blind trust as presidents have been doing for some time now so that they do not know and can’t tell what will be better for their business or who has benefitted their assets. Trump has done the opposite. No blind trust. No disclosure of his taxes or the businesses reflected on them. And he blatantly steers business to his own resorts and enterprises.

That’s about the president’s welfare, not the people’s. Corruption has no place in the White House and should be the first article of impeachment. To paraphrase his own language: Dirty Donald; lock him up.

— This commentary was pre-empted by the Facebook hearings but included on the WAMC blog, April, 2018.


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