The People vs. Donald J. Trump

He is demonstrably unfit for office. What are we waiting for?

The presidential oath of office contains 35 words and one core promise: to “preserve, protect and defend the Constitution of the United States.” Since virtually the moment Donald J. Trump took that oath two years ago, he has been violating it. He has

  • repeatedly put his own interests above those of the country. He has
  • used the presidency to promote his businesses. He has accepted financial gifts from foreign countries. He has
  • lied to the American people about his relationship with a hostile foreign government. He has
  • tolerated cabinet officials who use their position to enrich themselves.

To shield himself from accountability for all of this — and for his unscrupulous presidential campaign — he has

  • set out to undermine the American system of checks and balances. He has
  • called for the prosecution of his political enemies and the protection of his allies. He has
  • attempted to obstruct justice. He has
  • tried to shake the public’s confidence in one democratic institution after another, including
    • the press,
    • federal law enforcement and the
    • federal judiciary.

The unrelenting chaos that Trump creates can sometimes obscure the big picture. But the big picture is simple: The United States has never had a president as demonstrably unfit for the office as Trump. And it’s becoming clear that 2019 is likely to be dominated by a single question: What are we going to do about it?

The easy answer is to wait — to allow the various investigations of Trump to run their course and ask voters to deliver a verdict in 2020. That answer has one great advantage. It would avoid the national trauma of overturning an election result. Ultimately, however, waiting is too dangerous. The cost of removing a president from office is smaller than the cost of allowing this president to remain.

He has already shown, repeatedly, that

  • he will hurt the country in order to help himself. He will damage American interests around the world and
  • damage vital parts of our constitutional system at home.

The risks that he will cause much more harm are growing.

Some of the biggest moderating influences have recently left the administration. The

  • defense secretary who defended our alliances with NATO and South Korea is gone. So is
  • the attorney general who refused to let Trump subvert a federal investigation into himself. The administration is increasingly filled with lackeys and enablers. Trump has become freer to turn his whims into policy — like, say, shutting down the government on the advice of Fox News hosts or pulling troops from Syria on the advice of a Turkish autocrat.

The biggest risk may be that an external emergency — a war, a terrorist attack, a financial crisis, an immense natural disaster — will arise. By then, it will be too late to pretend that he is anything other than manifestly unfit to lead.

For the country’s sake, there is only one acceptable outcome, just as there was after Americans realized in 1974 that a criminal was occupying the Oval Office. The president must go.

Since the midterm election showed the political costs that Trump inflicts on Republicans, this criticism seems to be growing. They have broken with him on foreign policy (in Saudi Arabia, Yemen and Syria) and are anxious about the government shutdown. Trump is vulnerable to any erosion in his already weak approval rating, be it from an economic downturn, more Russia revelations or simply the defection of a few key allies. When support for an unpopular leader starts to crack, it can crumble.

Before we get to the how of Trump’s removal, though, I want to spend a little more time on the why — because even talking about the ouster of an elected president should happen only under extreme circumstances. Unfortunately, the country is now so polarized that such talk instead occurs with every president. Both George W. Bush and Barack Obama were subjected to reckless calls for their impeachment, from members of Congress no less.

So let’s be clear. Trump’s ideology is not an impeachable offense. However much you may disagree with Trump’s tax policy — and I disagree vehemently — it is not a reason to remove him from office. Nor are his efforts to cut government health insurance or to deport undocumented immigrants. Such issues, among others, are legitimate matters of democratic struggle, to be decided by elections, legislative debates, protests and the other normal tools of democracy. These issues are not the “treason, bribery or other high crimes and misdemeanors” that the founders intended impeachment to address.

Yet the founders also did not intend for the removal of a president to be impossible. They insisted on including an impeachment clause in the Constitution because they understood that an incompetent or corrupt person was nonetheless likely to attain high office every so often. And they understood how much harm such a person could do. The country needed a way to address what Alexander Hamilton called “the abuse or violation of some public trust” and James Madison called the “incapacity, negligence or perfidy” of a president.

The negligence and perfidy of President Trump — his high crimes and misdemeanors — can be separated into four categories. This list is conservative. It does not include the possibility that his campaign coordinated strategy with Russia, which remains uncertain. It also does not include his lazy approach to the job, like his refusal to read briefing books or the many empty hours on his schedule. It instead focuses on demonstrable ways that he has broken the law or violated his constitutional oath.

Regardless of party, Trump’s predecessors took elaborate steps to separate their personal financial interests from their governing responsibilities. They released their tax returns, so that any potential conflicts would be public. They placed their assets in a blind trust, to avoid knowing how their policies might affect their own investments.

Trump has instead treated the presidency as a branding opportunity. He has continued to own and promote the Trump Organization. He has spent more than 200 days at one of his properties and billed taxpayers for hundreds of thousands of dollars.

If this pattern were merely petty corruption, without damage to the national interest, it might not warrant removal from office. But Trump’s focus on personal profit certainly appears to be affecting policy. Most worrisome, foreign officials and others have realized they can curry favor with the president by spending money at one of his properties.

Then, of course, there is Russia. Even before Robert Mueller, the special counsel, completes his investigation, the known facts are damning enough in at least one way. Trump lied to the American people during the 2016 campaign about business negotiations between his company and Vladimir Putin’s government. As president, Trump has taken steps — in Europe and Syria — that benefit Putin. To put it succinctly:

The president of the United States lied to the country about his commercial relationship with a hostile foreign government toward which he has a strangely accommodating policy.

Combine Trump’s actions with his tolerance for unethical cabinet officials — including ones who have made shady stock trades, accepted lavish perks or used government to promote their own companies or those of their friends — and the Trump administration is almost certainly the most corrupt in American history. It makes Warren G. Harding’s Teapot Dome scandal look like, well, a tempest in a teapot.

A Watergate grand jury famously described Richard Nixon as “an unindicted co-conspirator.” Trump now has his own indictment tag: “Individual-1.”

Federal prosecutors in New York filed papers last month alleging that Trump — identified as Individual-1 — directed a criminal plan to evade campaign finance laws. It happened during the final weeks of the 2016 campaign, when he instructed his lawyer, Michael Cohen, to pay a combined $280,000 in hush money to two women with whom Trump evidently had affairs. Trump and his campaign did not disclose these payments, as required by law. In the two years since, Trump has lied publicly about them — initially saying he did not know about the payments, only to change his story later.

It’s worth acknowledging that most campaign finance violations do not warrant removal from office. But these payments were not most campaign finance violations. They involved large, secret payoffs in the final weeks of a presidential campaign that, prosecutors said, “deceived the voting public.” The seriousness of the deception is presumably the reason that the prosecutors filed criminal charges against Cohen, rather than the more common penalty of civil fines for campaign finance violations.

What should happen to a president who won office with help from criminal behavior? The founders specifically considered this possibility during their debates at the Constitutional Convention. The most direct answer came from George Mason: A president who “practiced corruption and by that means procured his appointment in the first instance” should be subject to impeachment.

Whatever Mueller ultimately reveals about the relationship between the Trump campaign and Russia, Trump has obstructed justice to keep Mueller — and others — from getting to the truth.

Again and again, Trump has interfered with the investigation in ways that may violate the law and clearly do violate decades-old standards of presidential conduct. He

  •  pressured James Comey, then the F.B.I. director, to let up on the Russia investigation, as a political favor. When Comey refused, Trump fired him. Trump also repeatedly
  • pressured Jeff Sessions, the attorney general, to halt the investigation and ultimately forced Sessions to resign for not doing so. Trump has also
  • publicly hounded several of the government’s top experts on Russian organized crime, including Andrew McCabe and Bruce Orr.

And Trump has repeatedly lied to the American people.

  • He has claimed, outrageously, that the Justice Department tells witnesses to lie in exchange for leniency. He has
  • rejected, with no factual basis, the findings of multiple intelligence agencies about Russia’s role in the 2016 campaign. He reportedly
  • helped his son Donald Trump Jr. draft a false statement about a 2016 meeting with a Russian lawyer.

Obstruction of justice is certainly grounds for the removal of a president. It was the subject of the first Nixon article of impeachment passed by the House Judiciary Committee. Among other things, that article accused him of making “false or misleading public statements for the purpose of deceiving the people of the United States.”

The Constitution that Trump swore to uphold revolves around checks and balances. It depends on the idea that the president is not a monarch. He is a citizen to whom, like all other citizens, the country’s laws apply. Trump rejects this principle. He has instead tried to undermine the credibility of any independent source of power or information that does not serve his interests.

It’s much more than just the Russia investigation. He has

  • tried to delegitimize federal judges based on their ethnicity or on the president who appointed them, drawing a rare rebuke from Chief Justice John Roberts. Trump has
  •  criticized the Justice Department for indicting Republican politicians during an election year. He has
  • called for Comey, Hillary Clinton and other political opponents of his to be jailed. Trump has .
  • described journalists as “the enemy of the people” — an insult usually leveled by autocrats. He has
  • rejected basic factual findings from the
    • C.I.A., the
    • Congressional Budget Office,
    • research scientists and
    • others.
  • He has told bald lies about election fraud.

Individually, these sins may not seem to deserve removal from office. Collectively, though, they exact a terrible toll on American society. They cause people to lose the faith on which a democracy depends — faith in elections, in the justice system, in the basic notion of truth.

No other president since Nixon has engaged in behavior remotely like Trump’s. To accept it without sanction is ultimately to endorse it. Unpleasant though it is to remove a president, the costs and the risks of a continued Trump presidency are worse.

The most relevant precedent for the removal of Trump is Nixon, the only American president to be forced from office because of his conduct. And two aspects of Nixon’s departure tend to get overlooked today. One, he was never impeached. Two, most Republicans — both voters and elites — stuck by him until almost the very end. His approval rating among Republicans was still about 50 percent when, realizing in the summer of 1974 that he was doomed, he resigned.

The current political dynamics have some similarities. Whether the House of Representatives, under Democratic control, impeaches Trump is not the big question. The question is whether he loses the support of a meaningful slice of Republicans.

I know that many of Trump’s critics have given up hoping that he ever will. They assume that Republican senators will go on occasionally criticizing him without confronting him. But it is a mistake to give up. The stakes are too large — and the chances of success are too real.

Consider the following descriptions of Trump:

Every one of these descriptions comes from a Republican member of Congress or of Trump’s own administration.

They know. They know he is unfit for office. They do not need to be persuaded of the truth. They need to be persuaded to act on it.

.. Democrats won’t persuade them by impeaching Trump. Doing so would probably rally the president’s supporters. It would shift the focus from Trump’s behavior toward a group of Democratic leaders whom Republicans are never going to like. A smarter approach is a series of sober-minded hearings to highlight Trump’s misconduct.

Democrats should focus on easily understandable issues most likely to bother Trump’s supporters, like corruption.

If this approach works at all — or if Mueller’s findings shift opinion, or if a separate problem arises, like the economy — Trump’s Republican allies will find themselves in a very difficult spot. At his current approval rating of about 40 percent, Republicans were thumped in the midterms. Were his rating to fall further, a significant number of congressional Republicans would be facing long re-election odds in 2020.

Two examples are Cory Gardner of Colorado and Susan Collins of Maine, senators who, not coincidentally, have shown tentative signs of breaking with Trump on the government shutdown. The recent criticism from Mitt Romney — who alternates between critical and sycophantic, depending on his own political interests — is another sign of Trump’s weakness.

For now, most Republicans worry that a full break with Trump will cause them to lose a primary, and it might. But sticking by him is no free lunch. Just ask the 27 Republican incumbents who were defeated last year and are now former members of Congress. By wide margins, suburban voters and younger voters find Trump abhorrent. The Republican Party needs to hold its own among these voters, starting in 2020.

It’s not only that Trump is unfit to be president and that Republicans know it. It also may be the case that they will soon have a political self-interest in abandoning him. If they did, the end could come swiftly. The House could then impeach Trump, knowing the Senate might act to convict. Or negotiations could begin over whether Trump deserves to trade resignation for some version of immunity.

Finally, there is the hope — naïve though it may seem — that some Republicans will choose to act on principle. There now exists a small club of former Trump administration officials who were widely respected before joining the administration and whom Trump has sullied, to greater or lesser degrees. It includes

  • Rex Tillerson,
  • Gary Cohn,
  • H.R. McMaster and
  • Jim Mattis.

Imagine if one of them gave a television interview and told the truth about Trump. Doing so would be a service to their country at a time of national need. It would be an illustration of duty.

Throughout his career, Trump has worked hard to invent his own reality, and largely succeeded. It has made him very rich and, against all odds, elected him president. But whatever happens in 2019, his false version of reality will not survive history, just as Nixon’s did not. Which side of that history do today’s Republicans want to be on?

‘The Enemy of the People’

Criticism of the media by a president is not necessarily a bad thing

Depending on your perspective, one of President Trump’s real talents, or one of his most baleful traits, is his knack for the zinger label, pinned on a political or institutional foe. “Crooked Hillary,” “Lyin’ Ted,” “The Swamp” — the labels often stick . . . and sting.

But who exactly is “the enemy of the people”? Trump maintains that he is not referring to the entire press, only to “fake news” coverage by mainstream-media outlets. Is such line-drawing appropriate? Even if the public at large may validly make such distinctions, should they be drawn by a president of the United States, or does that specter imperil constitutional free-press protections?

.. Before Trump zapped our politics with his lightning rod, it was a commonplace in conservative circles to complain about that most pernicious practice of the political press: the pretense of objectivity. No, we did not begrudge the New York Times and Washington Post their editorial pages, nor resent opinion pieces and programs clearly advertised as such. Our objection was to patently biased news coverage that was presented as if it were dispassionate, just-the-facts-ma’am reporting. The bias is seen and unseen, but pervasive. It is found in the reporting itself. It is intimated in the description of sources (e.g., conservatives always described as “conservative”; left-wing sources — the ACLU, SPLC, CAIR, etc. — described as civil-rights groups with no partisan agenda). Most important, it is concealed in editorial decisions about what gets covered and what does not, camouflaged by the thread that gets emphasis and the “lede” that gets buried.

.. By reporting this way, the media inculcate in the public the assumption that there is no other side of the story. The Left’s Weltanschauung is not presented merely as a worldview; it is portrayed as objective, inarguable fact, and any other way of looking at things is subversive, cynical, or psychotic.
.. Nietzsche was right that we are hard-wired to exaggerate when speaking about what ails us. That goes double for political discourse. To limn one’s political opposition as “the enemy” is common. It has been throughout history, and I’m sure I’ve done it myself. No more thought goes into it than into a sportscaster’s use of “warrior” to laud some running back who just gained 100 grueling yards. It’s just rhetoric. When we resort to it, we’re not intentionally trivializing the danger posed by actual enemies or diminishing the courage of real warriors.
.. Still, the older one gets, the easier it is to see why referring to partisan opponents as “enemies” is unhelpful. Over time, political coalitions shift. Notions about friend and foe change. To coexist and govern, we have to compromise, and casual condemnations of our opposite number as “the enemy” make compromise harder. When I was a prosecutor, I had genial relations with most of my defense-lawyer adversaries. We fought hard but saw that letting it get too sharp-elbowed, too personal, could rupture the working relationships needed to get through the case . . . and the next one. The stakes were high, but it was markedly less polarized than politics has become.
.. This president runs hot and cold in a nanosecond, so it’s probably a fool’s errand to analyze his rhetoric too closely —
  • one minute you’re “rocket man,” the barbaric dictator;
  • the next minute, you’re the “funny guy” with the “great personality” who really “loves his people,

not that I’m surprised by that.”

.. Topsy-turvy, to be sure, but Trump’s mercurial outbursts, his cavalier resort to words like “enemy” — words other presidents have been circumspect about — does not mean he perceives no difference between Jim Acosta and Osama bin Laden.

So . . . what does the president mean by “the enemy of the people”? More specifically, to whom is he referring? Well, there was an interesting exchange about that last weekend, during Trump’s sit-down interview with Fox News’s Chris Wallace.

.. In the discussion, Trump several times tried to clarify that when he refers to “the enemy of the people,” he is not speaking of all journalists; he is referring to a large subset of journalists that he calls “the Fake News.” According to the president, these are the mainstream-media outlets that align with Democrats and treat him as a partisan opponent, resulting in dishonest and inaccurate coverage of his presidency.

.. Now, you can agree or disagree with him on that, but he is entitled to his opinion. To my mind, there has been plenty of dishonest and inaccurate coverage of Trump. To be sure, there has also been plenty of honest and accurate coverage of the president saying things that are dishonest or inaccurate. Nevertheless, the sheer contempt in which this president is held by journalists is manifest. Even for those of us old enough to remember the coverage of Nixon and Reagan (as well as the Bushes), it is something to behold.

.. For one thing, the effort to delegitimize Trump’s presidency by claiming that he “colluded” in the Kremlin’s 2016 election-meddling has been tireless, and apparently effective. The effort was fueled by selective intelligence leaks and the modern media melding of opinion journalism with news reporting. After over two years of digging, investigators have lodged no collusion allegation; to the contrary, the indictments that Special Counsel Robert Mueller has filed tend to undermine any theory of a Trump–Russia criminal conspiracy. Yet the president remains under suspicion and the media routinely insinuate that Mueller’s mere issuance of indictments validates that suspicion — even though the indictments have nothing to do with Trump.

..  As Power Line’s John Hinderaker relates, recent polling by The Economist and YouGov found that nearly half of American women (48 percent) and fully two-thirds of Democrats (67 percent) actually believe that “Russia tampered with the vote tallies in order to get Donald Trump elected President” — notwithstanding that investigators have never even suspected Russia of tampering with vote tallies, for Trump or anyone else. (The investigation involves allegations that Russia hacked Democratic email accounts.)

.. As Wallace framed the matter, there is only one press, all the journalists are part of it, and no distinctions may be drawn. “We are all together . . . we are in solidarity, sir,” he told the president, adding that, for these purposes, there is no difference between CNN, the New York Times, and Fox. Even though Wallace acknowledged that some coverage of Trump is “biased,” he maintained that the press is a monolith; therefore, the argument went, to condemn a subset of journalists is to condemn the whole of journalism.

.. While he did not air them fully (it was, after all, an interview of the president), I imagine he worries that the “enemy of the people” formulation is a case of Trump wrongly conflating opposition to Trump with opposition to America. Perhaps the issue is not so much the drawing of distinctions between worthy and unworthy journalism, but rather that the president of the United States should not be doing the drawing. The president, clearly, is not just anyone. He is the highest official of a government that is constitutionally obligated to respect freedom of the press, to refrain from threatening it. If people hear an analyst decrying media bias, that is one thing; if they hear the president decrying “the media,” they may not grasp that he intends to rebuke only a subset of the media. They may not be so sure that the rebuke is good-faith criticism, as opposed to despotic intimidation. They may conclude that free-press principles are imperil

.. The fact that Trump’s bombast makes many of us wince — “enemy” — is a style point. If you don’t like it, do a better job running against him next time. After all, when vivid language is directed at conservatives, rather than at themselves, journalists are quick to tell us that life and progress in a free society require thick-skinned toleration of objectionable language and transgressive gestures. What’s sauce for the goose . . .

.. Before President Trump started using the phrase “the enemy of the people,” fair-minded people acknowledged media bias. Conservatives complained bitterly about it. These were not attacks on journalism; they were cris de coeur for real journalism. The president’s “fake news” and “the enemy of the people” epithets are best understood as a reiteration of these longstanding complaints in the barbed Trump style. This is no small thing. While the complaints are getting more of an airing than they have in the past, the president’s manner is off-putting to many people who were once sympathetic to the point he is making.

.. The mainstream press, meanwhile, is becoming more unabashedly hostile. At least that means there is more transparency, but is that a good thing? I don’t know. It would be good to be rid of the pretense of objectivity. But there are many reporters who do not pretend to be objective; they actually are objective, even if they have strong political views, even if they dislike the president for reasons of substance or style. We need those pros. We need to appreciate what they do, not reject real news because it may be news we don’t want to hear.

.. I do not lose much sleep over a president’s lashing out at what he perceives as, and what often truly is, biased reporting. This is not Turkey; a president would be impeached before a journalist spends an hour in prison for unflattering coverage. And I don’t worry much about whether criticism of a readily identifiable portion of the media harms the entire media as an institution. If journalists are worried about that, they should police their profession better. Jim Acosta hurts journalism more than he hurts Trump, and if the president is really as awful as many journalists contend, then simply asking his administration straightforward questions, rather than posing as “The Resistance,” should expose that.

Making Acosta a Federal Case

Question: What does CNN’s Jim Acosta crave more than anything? If you said “attention,” go to the head of the class. It’s a mystery why the White House has given Acosta way more than that. By yanking his “hard pass” after last week’s press conference (don’t ask who was obnoxious; they all were), Acosta has literally become a federal case. CNN filed suit claiming that its reporter’s First and Fifth Amendment rights were violated. More than a dozen news organizations, including Fox, have filed amicus briefs supporting CNN, and even Trump-friendly Fox News judicial analyst Andrew Napolitano has opined that Acosta has a strong case. Mr. Showboat is just where he wants to be — the center of attention — but thanks to President Trump’s gratuitous swipe, he is also a free-press martyr.

Trumpism Is ‘Identity Politics’ for White People

After Democrats lost the 2016 presidential election, a certain conventional wisdom congealed within the pundit class: Donald Trump’s success was owed to the Democratic abandonment of the white working class and the party’s emphasis on identity politics. By failing to emphasize a strong economic message, the thinking went, the party had ceded the election to Trump.

.. the meantime, Trump’s administration has seen that economic message almost entirely subsumed by the focus of congressional Republicans on tax cuts for the wealthy and plans to shrink the social safety net. But even as the message has shifted, there hasn’t been a corresponding erosion in Trump’s support. The economics were never the point. The cruelty was the point.
.. Nevertheless, among those who claim to oppose identity politics, the term is applied exclusively to efforts by historically marginalized constituencies to claim rights others already possess. 
.. Trump’s campaign, with its emphasis on state violence against religious and ethnic minorities—Muslim bans, mass deportations, “nationwide stop-and-frisk”—does not count under this definition, but left-wing opposition to discriminatory state violence does.
.. A November panel at the right-wing Heritage Foundation on the threat posed by “identity politics,” with no apparent irony, will feature an all-white panel.
.. But the entire closing argument of the Republican Party in the 2018 midterm elections is a naked appeal to identity politics—a politics based in appeals to the loathing of, or membership in, a particular group. The GOP’s plan to slash the welfare state in order to make room for more high-income tax cuts is unpopular among the public at large. In order to preserve their congressional majority, Republicans have taken to misleading voters by insisting that they oppose cuts or changes to popular social insurance programs, while stoking fears about

.. In truth, without that deception, identity politics is all the Trump-era Republican Party has.

.. Trump considers the media “the enemy of the people” only when it successfully undermines his falsehoods; at all other times, it is a force multiplier, obeying his attempts to shift topics of conversation from substantive policy matters to racial scaremongering.

.. The tenets of objectivity by which American journalists largely abide hold that reporters may not pass judgment on the morality of certain political tactics, only on their effectiveness. It’s a principle that unintentionally rewards immorality by turning questions of right and wrong into debates over whether a particular tactic will help win an election.

.. In the closing weeks of the campaign, the president has promised a nonexistent tax cut to the middle class after two years in which unified Republican control of government produced only a windfall for the rich
.. Trump’s nativism, and the Republican Party’s traditional hostility to government intervention on behalf of the poor, have had a happier marriage than some might have expected.

.. But that wasn’t what Trump promised—rather, his 2016 campaign pledged both generous social-insurance benefits for working-class white Republicans and cruelty for undeserving nonwhites.

.. Republicans are scrambling to insist that they will cut taxes on the middle class, offer robust health-care protectionsand protect Medicare, Medicaid, and Social Security, even as GOP leaders in Congress plot to slash all three to cut the deficit created by their upper-income tax cuts.

.. When armed agents of the state gun down innocent people in the street, when the president attempts to ban people from entering the U.S. based on their faith, or when the administration shatters immigrant families, these are burdens that religious and ethnic minorities must bear silently as the price of their presence in the United States.

And in the impoverished moral imagination of Trumpist political discourse, any and all white Americans who also oppose such things must be doing so insincerely in an effort to seek approval.

.. America is not, strictly speaking, a center-right or center-left nation. Rather, it remains the nation of the Dixiecrats, in which the majority’s desire for equal opportunity and a robust welfare state is mediated by the addiction of a large chunk of the polity to racial hierarchy. It is no coincidence that the Democratic Party’s dominant period in American history coincided with its representation of both warring impulses and ended when it chose one over the other. The midterms offer a similar choice for the American voter, in rather stark terms.