Impeachment – The Political Question

March 27, 2018

Last week I commented that the issue of impeachment refocuses the flood of presidential moves. The possibility of impeaching the president raises another critical political question – would impeachment so annoy the public that Democrats would be defeated for trying to impeach Trump? Or will the focus in the impeachment process on Trump’s misbehavior leave the public sufficiently disgusted that the next election would go to his opponents? There have been attempts to remove presidents by impeachment. They resulted in two trials in the Senate and one resignation to avoid impeachment. That’s too few cases to draw firm conclusions but they deserve a look.

President Andrew Johnson was impeached by the House and tried by the Senate in a dispute over how to implement the Union victory in the Civil War and to require the South to live under rules providing for equality without regard to race. It came to a head when Johnson attempted to fire abolitionists he’d inherited from Lincoln’s cabinet. By a single vote, the U.S. Senate decided not to remove Johnson from office. But General Grant won the election that followed and reversed Johnson’s policies. The Republicans who had fought to remove Johnson from office had the next eight years under Grant to consolidate their victory in the Civil War. Eight years later, the contested election of 1876 was settled in favor of Rutherford Hayes when the Republicans agreed to withdraw federal troops from the South and end Reconstruction.

President Richard Nixon resigned in 1974 before the House of Representatives could vote to impeach him over the cover up of the Watergate burglary by people working for the Committee to Reelect the President, or CREEP. The underlying burglary threatened to distort the electoral process. The cover-up threatened to prevent prosecutors and courts from enforcing the law. When Nixon resigned, he was succeeded by Vice President Gerald Ford. Two years later, Republican Gerald Ford was defeated by Democrat Jimmy Carter.

In 1998, the House impeached Democrat Bill Clinton on charges related to sexual encounters and Clinton’s denial under oath that he had sex with a woman not his wife. This was certainly an extension of the idea of impeachable offenses to the private morality of the president rather than his discharge of public duties. But Clinton’s misbehavior has been trumped by the present president whose pornographic language, boasts, actions and affairs have gone much further than anything that Clinton was charged with.

In 1999 a Senate majority acquitted Clinton on one of the charges and the Senate split 50-50 on the other. Since the Constitution requires a two/thirds vote to convict, the result wasn’t close. In the following year, Democratic candidate Al Gore, despite trying desperately to avoid any connection to Clinton during the campaign, was defeated by Republican candidate George W. Bush for President. Gore won the popular vote but not the electoral college.

Thus, in the twentieth century, the party impeaching the challenged president won the next election – the Democrats after Nixon resigned and the Republicans after the impeachment of Clinton. In the nineteenth century, the next election went to General Grant, who was very much opposed to the behavior of the impeached president Andrew Johnson.

We have no experience with a president who lost the trial in the Senate. The risk to the president’s objectives has been from impeachment itself. The public’s reaction so far has been to condemn presidential misbehavior and change parties. That history is illustrative but certainly not conclusive of what the public would do now. On the other hand, there are so many serious issues that it’s fair to paraphrase the current president: Dirty Donald; lock him up.

— This commentary was broadcast on WAMC Northeast Report, March 27, 2018.

 

 

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The Central Issue of Trump

March 20, 2018

Trump says and does so many things which are parts of much bigger issues, that it’s nearly impossible to keep up.

  • He has us discussing whether he’s going to fire one guy or the other, who does or doesn’t deserve to go;
  • Whether Trump will make war or peace and what country deserves our friendship or enmity;
  • Whether we will honor or dishonor treaties that he claims other countries violate, though no one else shares that view;
  • Whether he has a policy about infrastructure based on his saying things should be built or does not have a policy based on the empty line in his budget;
  • Whether he has conspired with an enemy of the United States, and whether the Special Counsel’s investigation should be shut down because he tells us that he did nothing that should be investigated, and whether it matters that he didn’t give Hillary that privilege.

It makes the head spin.

We’re heading in just a few years to an economy in which most of us won’t have steady jobs, pensions or unions to support us. Instead it’s everyone for himself all the time in the gig economy. Republicans insist that government and regulation are almost always bad. Who’s left to have our interests at heart? Reminds me of pastor Martin Niemöller on being sent to the concentration camps by the Nazis, “Then they came for me—and there was no one left to speak for me.” Is Trump for or against the workers when he says nothing about union rights and supports no change in working conditions other than tariffs for a couple of industries. And is Trump for or against a livable environment when he takes every possible action to degrade the earth, air and water?

We have been at war since 2003 but what do we have to show for it but body bags and amputees. Will Trump send more troops to die in the Middle East, or is he just bluffing to make people back down? But attempted bluffing will be ignored by people across the globe who have all lost confidence in what he tells us because we need only wait a short while for him to say the opposite.

Trump wants the Special Prosecutor, Robert Mueller, to stop investigating whether Trump or his campaign collaborated with the Russians in order to win the White House, or wants to fire Mueller and hire someone else who will close the investigation? Does it matter whether criminal defense lawyers may want their accused clients to have a right to choose their prosecutors and put a time limit on investigations, especially for such difficult prosecutions as those of organized crime, corporate finagling and international financial transactions. Can they cite the president for that right?

It’s enough to make one’s head spin. But there’s a way to simplify it. Forget all the separate issues until we have a president that actually cares about them, and focus on impeachment. Every one of those issues bears on impeachment, either because they relate to obstruction of justice, selling America out, self-dealing in foreign affairs or rewarding his favorite autocrats and wealthy friends at the expense of the people he swore to protect. His high crimes and misdemeanors easily exceed what Clinton was impeached over, threaten more damage to the republic than the misbehavior for which Andrew Johnson was impeached, and for which Richard Nixon resigned before the House could vote on articles of impeachment. Bring all these issues back to the fundamental question of impeachment. Dirty Donald, lock him up.

— This commentary was broadcast on WAMC Northeast Report, March 20, 2018.


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