Former U.S. district judge John S. Martin, writing in The Post to debunk the baseless proposal by House Freedom Caucus members to impeach Deputy Attorney General Rod J. Rosenstein, observes:
The actions of the Freedom Caucus members are not only baseless, they are also shameful. While they call for the appointment of a special prosecutor to investigate Rosenstein, it may be more appropriate to appoint a special prosecutor to investigate an attempt to corruptly obstruct justice by members of Congress who so obviously use their office to intimidate the deputy attorney general and to undermine the credibility of special counsel Robert S. Mueller III’s investigation.
.. Their inexcusable acts include:
- The caper by House Intelligence Committee Chairman Devin Nunes (R-Calif.) in which he scurried over to the White House to review classified documents and then tried to push the fake “unmasking” scandal;
- Nunes’s memo falsely stating that information about the Christopher Steele dossier’s origins was omitted from the Foreign Intelligence Security Court warrant application to conduct surveillance on suspected spy Carter Page;
- The outing of a confidential intelligence source;
- The badgering of Rosenstein for documents from an ongoing investigation and the bogus impeachment articles cooked up by Reps. Mark Meadows (R-N.C.) and Jim Jordan (R-Ohio);
- False accusations against the FBI (e.g. accusing FBI officials of aiding Hillary Clinton in the campaign) that were discredited by the inspector general’s report; and
- Refusal to obtain relevant documents (e.g. the blocked phone number that Donald Trump Jr. called in close proximity to the Russia meeting in June 2016).
.. Congressmen, Trump lawyers and White House aides conferring with intent to mislead investigators and the public, to disable the inquiry and/or to discredit law enforcement sounds an awful lot like obstruction of justice. Conversations or documents relating to that sort of conspiracy are in no way privileged.
.. Norman Eisen, Laurence Tribe and Caroline Frederickson wrote in February: “Endeavoring to stop an investigation, if done with corrupt intent, may constitute obstruction of justice. Plotting to assist such action may be conspiracy to obstruct justice. Normally, what is called ‘speech or debate immunity would provide a strong bulwark against any such liability for Mr. Nunes or his staff.” However, they argued, “Mr. Nunes and company may have ranged so far afield that those protections no longer apply. Under the clause, mere peripheral connection to legislative acts cannot serve as a fig leaf to shield criminal conduct.” They argued that if “a member or staff employee of the House Intelligence Committee engaged with the White House to stifle the special counsel inquiry, it would be difficult to see how such collaboration would be” protected by the speech or debate clause.
.. An investigation into Republican House members’ antics is critical if we want to hold them responsible for actions injurious to our criminal justice system. It is also necessary in order to uncover who if anyone they were colluding with on the White House side of the operation. Any White House official and/or lawyer — with or without the president’s knowledge — scheming to obstruct the investigation in concert with members of Congress needs to be investigated and held accountable.
.. Rather than simply play defense on behalf of Rosenstein and the Russian investigators, defenders of the rule of law need to go on offense, demanding Nunes, Meadows and Jordan come clean on their actions in support of a president trying to thwart a legitimate investigation. It all needs to come out.
Impeach Rosenstein? C’mon, Man
In its latest futile gesture, the House Freedom Caucus sets its sights on ousting the man overseeing Robert Mueller’s Russia investigation.
..their public relations assault is not actually about his refusing to turn over this or that document related to the Russia investigation. It’s not really even about the lawmakers’ loathing of the broader investigation, though certainly President Trump’s congressional lackeys — Mr. Meadows and Mr. Jordan most definitely included — are increasingly desperate to derail it... For Freedom Caucus leaders, this impeachment resolution is about something at once much broader and far pettier: the need to make a huge, disruptive, polarizing political stink just as members head home for the long hot August recess. Especially with a critical midterm election coming, it never hurts to have some extra well-marbled meat to throw the voters. And it is unlikely a coincidence that, less than 24 hours after filing, Mr. Jordan — who, lest anyone forget, is multiply accused of overlooking rampant sexual abuse while an assistant wrestling coach at Ohio State University — formally announced his candidacy for House speaker.Not to make Mr. Rosenstein feel any less special, but this is the fourth year in a row that Freedom Caucusers have pulled a summer-break stunt so nakedly self-serving that it would be comic if it weren’t so odious in its quest to erode public faith in government and in democratic institutions more broadly. Indeed, for all those wondering how the Republican Party reached the point where Donald Trump could swallow it whole with his furious everything-is-awful-and-everyone-is-out-to-get-you brand of demagogy, look no further than the nihilists in the Freedom Caucus... In 2015, Mr. Meadows became an overnight political celebrity when, on the day before break, he filed a motion aimed at overthrowing the House speaker, John Boehner. That effort eventually bore fruit... In 2016, Freedom Caucus members filed a pre-break motion to force a vote on the impeachment of the Internal Revenue Service commissioner, John Koskinen. (Impeachment is all the rage with these guys.)And last summer, they filed a discharge petition demanding a vote on a repeal of Obamacare... it has only nine co-sponsors, and Republican leaders, including Trey Gowdy, the chairman of the oversight committee, have expressed a distinct lack of enthusiasm for the effort... Mr. Meadows didn’t even attempt to file a “privileged motion,” as he and his colleagues did against Mr. Koskinen two years ago, which would have forced a vote before members decamped on Thursday... the issue won’t get taken up until lawmakers return from break in September, if then. (That’s the beauty of pre-recess antics: They cannot fail before members get to spend several weeks touting them back home.)There is vanishingly little chance that House leadership will let this toxic nonsense advance — Speaker Paul Ryan already has publicly smacked down the effort — and
zero chance that the motion could amass anywhere close to the two-thirds support required for the Senate to actually remove Mr. Rosenstein.
.. This stunt is in fact so ridiculous, so unfounded, so poisonous to the Republic that Attorney General Jeff Sessions felt compelled not only to publicly defend his deputy, but also to suggest that the lawmakers involved find a better use of their time.
.. Sally Yates, the former acting attorney general who was fired in January 2017 for refusing to defend President Trump’s travel ban, tweeted a warning about the long-term damage of “using the Department of Justice as a prop for political theater.”
.. It’s not that the Freedom Caucus members don’t recognize the damage they’re doing — or even that they don’t care. It is that delegitimizing government is at the heart of their movement.
.. Conflict and obstructionism have always been their purpose, fueled by their relentless message that
- government is always the problem, that
- all experts are idiots, that
- cultural and coastal elites hate Real Americans and that
- all of Washington is corrupt and broken beyond repair.
.. As has often been noted, Mr. Trump did not invent the apocalyptic message that he has used to dazzle the Republican base. He merely distilled it to its essence. But the base had been groomed for his arrival for years, in no small part by lawmakers like Mr. Meadows and Mr. Jordan, who have repeatedly proved eager to tear down democratic institutions in the service of their own political aims.
.. So while the Freedom Caucus’s pitiful effort to oust Mr. Rosenstein should not be taken seriously on practical grounds, it is a tragic reminder of the bleak path down which the Republican Party has been slouching in recent years. The rot was there long before Mr. Trump showed up to exploit it, and it is likely to remain long after he is gone.
The Paul Ryan Difference
The Speaker’s career shows the power of ideas in politics.
His policy chops and listening skills helped rally the fractious GOP House into a governing majority rather than merely an opposition to Barack Obama. They developed the “Better Way” reform platform in 2016, and in this Congress they’ve passed most of it through the House and much into law.
.. The irony is that Mr. Ryan has become a target of the populist and Trump right though few in Congress have fought harder or longer for conservative reform.
.. The reason the New York Times and Washington Post loathe him is precisely because he takes ideas seriously and can persuade his colleagues. That makes him far more of a threat to the left than is any talk-radio host.
.. But entitlement reform is inevitable given the fiscal realities, and Mr. Ryan’s ideas are still a roadmap for the future.
.. They have railed against Mr. Ryan as a totem of “the establishment,” which was always more epithet than argument. Mr. Ryan knows that the point of politics is to win power to pass your agenda, not remain in feckless opposition to the supposedly unreformable entitlement state.
.. Mr. Ryan has already raised $54 million in campaign cash for his fellow Members this Congress, and their fate is tied far more to Donald Trump’s approval rating than to Mr. Ryan’s candidacy.
.. Win or lose in November, Republicans will have to find a leader who can lead their conference. Majority Leader Kevin McCarthy and whip Steve Scalise are the main early contenders. Both are known more for their electoral skills than policy knowledge.
Why Ryan, Undercut by Trump, May Actually Emerge Stronger
But in President Trump, his mercurial partner in the White House, the speaker deftly found a foil to deflect some of the anger that had felled the man he succeeded, John A. Boehner.
President Trump’s fiscal deal with Democratic leaders in Congress — which passed the House with more than a third of Republicans voting against it — infuriated House conservatives, who struck first at Mr. Ryan, but ultimately turned their ire on the Trump White House. By week’s end, the men feeling the lash were Mr. Trump’s Treasury secretary and budget director. If anything, Mr. Ryan may have emerged stronger.
.. “He didn’t create it; he’s reacting to it. I think he laid out a course that was acceptable to the conference as a whole, and to conservatives as well, and he had the rug pulled out from underneath him.”
.. He singled out Senator Mitch McConnell, the Republican leader, and Mr. Ryan by name, saying, “They do not want Donald Trump’s populist, economic nationalist agenda to be implemented.”
.. Mark Meadows, the North Carolina Republican and Freedom Caucus chairman, agreed, warning in an interview that failure on the tax plan would be “extremely damaging for the speaker and for all members of the G.O.P. conference, as well as the president.”
.. By week’s end, tempers among even some of the angriest members of the Freedom Caucus had cooled, and Mr. Meadows insisted that the rumors of a coup in the offing were false.
“I wouldn’t want his job for anything,” he said. “I have a hard enough time keeping 40 members of the Freedom Caucus together.’’
Some moderates said that in cutting a deal with Democrats, Mr. Trump may have done the speaker a favor, demonstrating to hard-line conservatives that they cannot always have their way.
.. As the meeting broke up, some conservatives seemed to feel almost sorry for the speaker. And some of the more unruly voices of the Republican conference were reassessing their uncompromising tone.