Tag Archives: Biden

Impeachment – Why and What?

I recently heard that a friend of mine was confused about the impeachment process now underway in the House of Representatives. I will try here to clarify, in simple English and without legalisms, what is going on and why.

The president is currently subject to an “impeachment inquiry” started by a resolution of the House of Representatives. The “inquiry” is a fancy term for an investigation. That investigation is about the question whether the president in his dealings with Ukraine committed “treason, bribery or other high crimes or misdemeanors,” that are the criteria for impeachment in the U.S. Constitution. If impeached (by the House adopting articles of impeachment) and convicted (by the Senate finding that the asserted crimes in the articles are true), he may be removed from office. Since he is still president during this process, he cannot be indicted (according to the Department of Justice). Once removed, however, he can be indicted, tried, convicted and sent to prison for crimes committed while in office.

The investigation is being conducted through two main processes.

The first process is the gathering of evidence through testimony-under-oath by various witnesses who have been subpoenaed (ordered to appear) or have volunteered to testify. Initially, those depositions (taking testimony under oath recorded verbatim) were conducted in private sessions open to members of the three investigating committees from both parties. Despite the opportunity to be present and ask questions, Republicans have complained bitterly about what they hysterically and falsely called “secret” sessions, even to the point of storming into one of the sessions in a group, violating the security requirements that apply to the site of the depositions.

The second process is the public hearing phase, now being broadcast on many TV stations, in which the same witnesses are called to be examined in public, again by both Democrats and Republicans. Now the Republicans, including the president himself, are bitterly claiming that the hearings should not be public. In the end of their rhetoric, what the Republicans want is to shut down the impeachment process entirely. That is not going to happen.

Why, then, is this impeachment inquiry happening? The essence of it is that Donald Trump tried to use Congressionally approved funding to help Ukraine defend  against further military incursions by Russia and also the prospect of a meeting with Trump for the newly elected Ukraine president (Zelensky) to leverage Ukraine’s new leadership to announce investigations into the then-leading challenger to Trump’s re-election, Joe Biden. The immediate target of the investigation would be Biden’s son, Hunter, who was, for a period, being paid $50,000 a month to sit on the board of Burisma, a Ukrainian energy company. Republicans claim that this arrangement was part of the historic and endemic corruption that has afflicted Ukrainian political leadership for a very long time, but thus far no evidence has turned up to indicate that either Joe or Hunter Biden broke any laws.

All this is complicated by a number of details that are not central to the issue of what the president did, but they certainly illuminate his motives and explain his conduct. For one, Trump used his personal attorney, Rudy Giuliani to engage with the Ukrainians and to promote false conspiracy theories about the Biden’s and to lead a smear campaign against the sitting U.S. ambassador to Ukraine, Marie Yovanovitch. Trump eventually fired her without notice or explanation.

There are many other characters in this drama, some with long titles and long histories as diplomats in the U.S.-Ukraine relationship. Republicans have attacked many of these people because they obtained some or all of their information about Trump’s campaign against Biden through other sources. Indeed, the initial report that started all of this came from an anonymous whistleblower. The Inspector General of the Intelligence Community within the Office of the Director of National Intelligence reviewed the whistleblower’s report and found it credible and disturbing. The impeachment inquiry followed.

It is important not to be distracted by the efforts of Republicans to focus the fight on side issues, such as the identity of the whistleblower or the “hearsay” nature of some of the evidence against Trump. The most damaging evidence was direct and produced by Trump himself, in the form of a memo (not a transcript) of his call with Ukraine President Zelensky in which Trump called on Zelensky to start the investigation. There is much additional testimony from Trump appointees, like Gordon Sondland, U.S. Ambassador to the European Union, who personally participated in the leveraging of Ukraine.

The impeachment may be broadened before it’s over. One example comes from the Mueller investigation. Mueller’s final report found 10 instances of obstruction of justice by Trump and/or members of his staff and administration. These may, and in my opinion definitely should, be included in the forthcoming articles of impeachment. A second major example is playing out in the courts now – Democrats in the House are seeking  access to many of the redacted materials in the Mueller Report that may show that Trump lied to Mueller and is thus guilty of the high crime of perjury.

So, the impeachment is pretty straightforward when the Republican smoke is cleared away. Trump tried to induce Zelensky to publicly announce a Ukrainian investigation of the Biden’s to damage Joe Biden’s challenge to Trump’s re-election. The evidence on this is clear. He did it. The evidence of obstruction of justice in the Mueller Report is also clear. The House of Representatives is collecting the evidence and presenting it through public hearings. Eventually, when the hearings are completed, the House will have the opportunity to vote on “articles of impeachment.” These are like a criminal indictment. They will state the specific charges of “treason, bribery or other high crimes and misdemeanors” that the House leadership believes are the basis for impeaching the president.

If the articles are approved by a majority vote in the House prior to the 2020 election, the impeachment moves to the Republican-controlled Senate for “trial” to determine if the president is guilty of the charged offenses and, if so, what the penalty should be. This process will be controlled entirely by Republicans and, absent a massive change in positioning, Republicans will refuse to convict the president regardless of the charges and regardless of the evidence.

The question of judging Trump’s conduct in office will then move to final determination in the election of 2020.

Whistling by the Graveyard

On August 25, 2018, the New York Times published a “News Analysis” of Donald Trump’s treatment of the American legal system:  Trump’s War on the Justice System Threatens to Erode Trust in the Law, by Michael D. Shear and Katie Benner. https://nyti.ms/2oINv1V

The piece opens with this:

In his attempt at self-defense amid the swirl of legal cases and investigations involving himself, his aides and his associates, Mr. Trump is directly undermining the people and processes that are the foundation of the nation’s administration of justice.

The result is a president at war with the law.

Further, and presciently,

The president’s public judgments about the country’s top law enforcement agencies revolve largely around how their actions affect him personally – a vision that would recast the traditionally independent justice system as a guardian of the president and an attack dog against his adversaries.

The comment ends with this:

“No matter when this all ends, Trump will have caused long-lasting damage to the ability of the Justice Department and the F.B.I. to execute on its mission…. He is sacrificing our public safety and national security on the altar of his own ego.” [quoting Christopher Hunter, a former FBI agent and prosecutor]

Certainly, the authors could not have precisely foreseen how Trump’s approach to governance would lead to the present circumstances, but their overall impression of the direction of Trump’s presidency was stunningly accurate.

Now, perhaps emboldened by what he convinced himself was “exoneration” by Mueller and thus a free hand going forward, Trump has been caught out trying to use a foreign power to influence the 2020 election. And, the evidence is clear, Trump and his loyal team of lawyers, who were also allowed to skate by Mueller, have clumsily tried to cover up the president’s crimes by secreting the records in a computer system designed to contain only coded high-security information. Indications are that this is not the first time they have done this. As we have come to expect, Trump responded to all this by threatening his “enemies,” attacking the press and deflecting by inventing others’ offenses that he purports to expose.

All of that was simply too much for the Speaker of the House, Nancy Pelosi, who called for an impeachment inquiry and had the votes to do it. Trump responded by declaring that Pelosi was no longer the Speaker of the House. This from a man who publicly swore a solemn oath to protect and defend the Constitution of the United States.

Also, as we have come to expect, Republican enablers in and outside the White House rushed to Trump’s defense with all manner of false and hysterical claims. While the wagons were being circled, more news emerged, including that Secretary of State Pompeo was listening on the Trump-Zelensky call even though he indicated otherwise in television interviews. Trump is demanding to “face my accuser” and has said that the White House is trying to determine the whistleblower’s identity even though the governing law provides for protection of that individual’s identity. Trump supporters have offered a large cash award for anyone who will conclusively identify the whistleblower. Trump has not repudiated them for this action, arguably putting the whistleblower’s life in danger.

And so it goes. Meanwhile, the Editorial Board of the New York Times and the editors of the St. Louis Post-Dispatch have both called for Trump to resign. Likely, other major newspapers will join the list. What goes around ….

The Times if, of course, still trying for “journalistic balance,” by giving print space to defenders of Trump to make their case. The same Sunday that the Times printed “The Allegations Are Grave. An Election Is at Risk. The Founders Were Clear,” a half-page op-ed appeared, entitled “Impeachment Is an Act of Desperation,” by Christopher Buskirk, publisher and editor of the very conservative website American Greatness. Buskirk’s argument is the reason for the title of this post.

Buskirk posits that by proceeding with an impeachment inquiry into Trump’s conduct, the Democrats are playing into the Republicans’ hands and assuring Trump of victory in 2020. Why? Because (1) “we’ve all been down this road before” and nothing Trump has done or said so far has affected his support that “has bounced around in more or less the same range since he took office,” (2) what about Hunter Biden in Ukraine? (3) impeachment “success requires broad public support,” and (4) Democrats can only beat Trump by focusing on the issues.

The corollary to the first point is that “there will be no resignation, there will be no conviction in the Senate.” That is probably true, but it misses the point that Trump’s conduct is so egregious across a broad range of areas and issues that a well-presented impeachment case in the House will serve the Democratic agenda in 2020 as well or better than any candidate on her/his own. It also ignores the Democratic sweep of House seats, and return to a majority there, in 2018. Finally, to claim that Trump’s popularity has not been affected by his prior egregious acts in office ignores the reality that his “popularity” is very low. These are not the likely elements of a winning position.

Buskirk’s second point is the classic Republican trope transplanted from Barack Obama (the usual target of Trump ego-angst) to Joe and Hunter Biden. But, no matter what the Bidens may have done in Ukraine, and so far there is no evidence of wrongdoing, a point made repeatedly by past and present Ukrainian officials with reason to know, it would not justify Trump’s attempt to arm-twist a foreign government into investigating a domestic political opponent. Except for self-defense against physical threats, American law does not support a defense that “someone else broke the law so I can too.” This is essentially the “Hillary’s emails” defense and it’s worthless. As Yogi Berra famously said, it’s déjà vu all over again.

Buskirk’s third point – impeachment success requires broad public support – is, I believe, simply wrong. Impeachment requires only a smartly executed process of compiling and presenting for public viewing the evidence of corruption in the multiple scenarios in which Trump has acted as if he were above the law. But even if Buskirk’s claim is right, we are in early days and it’s premature to conclude that the public won’t get on board as the evidence of Trump’s venality and illegality is presented. Again, this assumes the presentation is properly done. I have argued repeatedly that this must not turn into another political show with politicians sitting on the House committees trying to act like practicing prosecutors. Develop a list of “points to be proved” and leave the questioning to experts that know how to do it.

Finally, the fourth point that defeating Trump requires beating him on the “issues,” is an attempt to divert attention from what is at the root of the current mess. Trump has willfully violated a serious federal law designed to protect American elections from foreign interference and then tried to cover it up. Moving the records to a secret computer for coded security information is functionally equivalent to Richard Nixon’s deletion of 18.5 minutes of tapes involving a crucial meeting between the President and his Chief of Staff H.R. Haldeman, the revelation of which ultimately destroyed Nixon’s support in the Senate and forced his resignation prior to being impeached and removed. Trump’s crimes are extremely serious and they follow a thoroughly documented showing of at least 10 prior instances of criminal obstruction of justice in the Mueller Report. He was only saved from indictment by Mueller because the Department of Justice, dubiously, has opined that a sitting president may not be indicted.

Buskirk argues that impeachment of Trump now is just “political theater” and “more Washington psychodrama.” He claims the voters are simply uninterested in the crimes Trump may have committed and that they “just want to know what Washington is going to do for them.”

Methinks Buskirk has it backwards. Trump’s most ardent supporters seem only interested in political theater. The proof is evident in the endless tapes of Trump’s rallies that have little or nothing to do with “issues” and everything to do with performance. Trump is a star in that crowd because … he’s a star. He gives voice to their anger and fear and they see no irony in the fact that he is rich and unlike them in almost every way. He does not really share their fear and anger; he puts on the show they came to see and they love him for it even though the hard evidence is that he has done virtually nothing to make their lives better.

And that is the ultimate point. Even if Buskirk’s assessment regarding the “issues” is correct, it fails to reckon with Trump’s massive and ongoing failure to deliver on most of his electoral promises. If indeed it is only “issues” that will motivate the voters, and Trump’s illegal and immoral conduct of the Office of President and multiple violations of his oath of office are not “issues” of interest or force in the election, Trump’s performance still fails. Most of his governance actions are for “show” to impress his political base but it is not a stretch to show how he has failed to deliver.

So, is impeachment a mistake? I don’t think so. Democrats have been handed a weapon by Trump that needs to be used with surgical precision. We have a criminal in the White House, a person who does not respect the office he holds or guiding principles of the government he swore to serve. It should not be hard for the Democrats to show this to the electorate in a compelling way, to motivate their own base to go the polls in 2020 and, if Donald Trump still sits in the White House, to send him packing.

Dogs & Cats Squabbling in the Alley

Warning: This post contains profanity.

Why profanity, you may ask? Because I am so damned angry, I can hardly speak. I watched a small portion of the second half of the second round of the Democratic candidates’ “debate” the other night. Have these people learned nothing? Some of them have been “successful” politicians for years. What makes them think that when asked for their views of a competitor’s “health plan,” on national television, the best response is to attack the other person’s competency at health mathematics, ignorance of health policy and general untrustworthiness? The first rule of media training is not to answer the bad question, but instead answer the question whose answer you want to deliver. When and if the questioner accuses you of not answering because you didn’t say what was wrong with Candidate A’s position, you answer with a second version of the original answer until they give up. The questioner may be unhappy but the audience will have heard your real message – twice or more!

Instead, given the chance to fight with each other or speak about principles to the voting public, the candidates chose to attack each other. Seriously? This is the best you can do? You let the moderators drive you like a herd of sheep into fighting and snarling at each other, hoping the media will give you a good “score” the next day. Look at the results. It didn’t work and it likely never will.

If you want the nomination and the presidency, you must be the master of your own fate. You don’t let yourself be driven into a beat-down over arcane details, cost estimates, on and on, when your real message is (1) what needs to be fixed, (2) the principled approach you will take to fixing it, and (3) why you’re the best person to fix it.

I’m not making this up. Joe Biden comes onto the stage, crowded with people who have less-than-zero chance of being the nominee, and the front-runners all decide, “we better bring Joe down a peg or two, so let’s all attack Joe.” That way, the reasoning must go, if he does down, we must go up. WTF people! You had this extraordinary opportunity to speak directly to the Democratic primary voting population, among others including likely swingable voters not dedicated to vote Democratic but willing to do so in the right circumstance. And you fought like drunks over the last stale bottle of beer. Your anxiety levels were so high that many key points were flubbed and what should have been easy statements of where you stand and “who you are” sounded more like Donald Trump trying to pronounce any word of more than two syllables

Why the hell do you let the media people force you into attacking each other rather than addressing yourselves clearly and coherently to the voters who are watching? If you are a serious contender for the nomination, you should, by now, have thought through the messaging that you want to present to the voters about what you stand for. Do you really think you are communicating effectively by swatting at each other over the obscure details of his/her health plan versus your health plan? If you plan to support “Medicare For All,” you should by now have a maximum 2-minute cold-hard, easy-as-saying-your-name explanation in plain English as to why that is the best approach going forward and one for which you would fight as president. The real audience is in front of you and out beyond the cameras, not on the stage with you.

The media people, many of whom played a prominent, if indirect, role in getting Trump elected president, must be laughing themselves silly. It was so easy to disrupt the flow of ideas and provoke attacks that they didn’t have to make much effort. And because the candidates took the bait, much of what they should have said was cut off by the moderators as the candidates struggled to get back on message. Trump must have loved watching it.

The fate of our democratic form of government is on the line here. If the people on the stage polling negligible levels of support and with marginal funding really care about this country, they would remove themselves from the race right now. If they think a “Trump-like miracle” is going to come out of the sky and make them the nominee, they are seriously deluded. They are being played by the media and are apparently all too happy to be pawns for whatever reasons, I don’t know. The stakes are too high for this self-aggrandizing activity. It’s time to clear a path for the main horses in the race to have room to run, and, as I have tried to argue, the coherence to learn how to speak to the voters directly, clearly and in terms they can understand and about concerns that really matter to them. WAKE UP BEFORE IT’S TOO LATE!!

Footnote: This post is not intended to endorse any candidate. I am not there yet. I only know that Donald Trump, the dangerous fool and traitor who now sits in the White House, must not be re-elected.