Stone-Cold Loser

Roger Stone has always lived in a dog-eat-dog world.

So it was apt that he was charged with skulduggery in part for threatening to kidnap a therapy dog, a fluffy, sweet-faced Coton de Tuléar, belonging to Randy Credico, a New York radio host.

Robert Mueller believes that Credico, a pal of Julian Assange, served as an intermediary with WikiLeaks for Stone. Mueller’s indictment charges that Stone called Credico “a rat” and “a stoolie” because he believed that the radio host was not going to back up what the special counsel says is Stone’s false story about contacts with WikiLeaks, which disseminated Russia’s hacked emails from the D.N.C. and Hillary Clinton’s campaign chairman.

Stone emailed Credico that he would “take that dog away from you,” the indictment says, later adding: “I am so ready. Let’s get it on. Prepare to die (expletive).”

As the owner of two Yorkies, Stone clearly knows how scary it is when a beloved dog is in harm’s way. When he emerged from court on Friday, he immediately complained that F.B.I. agents had “terrorized” his dogs when they came to arrest him at dawn at his home in Fort Lauderdale.

.. Always bespoke and natty, living by the mantra that it’s better to be infamous than never famous, Stone looked strangely unadorned as he came out of court to meet the press in a navy polo shirt and bluejeans.

He has always said Florida suited him because “it was a sunny place for shady people,” borrowing a Somerset Maugham line. But now the cat’s cradle of lies and dirty tricks had tripped up the putative dognapper. And it went down on the very same day that Paul Manafort — his former associate in a seamy lobbying firm with rancid dictators as clients, and then later his pal in the seamy campaign of Donald Trump — was also in federal court on charges related to the Mueller probe. Manafort’s hair is now almost completely white.

.. One of Stone’s rules — along with soaking his martini olives in vermouth and never wearing a double-breasted suit with a button-down collar — is “Deny, deny, deny.” But his arrest for lying, obstructing and witness tampering raised the inevitable question about his on-and-off friend in the White House, the man who is the last jigsaw-puzzle piece in the investigation of Trumpworld’s alleged coordination with Russia: Is being Donald Trump finally about to catch up with Donald Trump?

Stone, who famously has Nixon’s face tattooed on his back, is the agent provocateur who is the through line from Nixon, and his impeachment, to Trump, and his possible impeachment.

Ken Starr: Mueller May Indict Trump After His Presidency (HBO)

Special Counsel Bob Mueller has two pathways to proceed against President Trump if he uncovers serious wrongdoing by the President, former independent counsel Ken Starr told VICE News.

Mueller can either refer his findings to Congress for impeachment — as Starr did with former President Bill Clinton in 1998. Or Mueller can wait for Trump’s presidency to end, and indict Trump afterwards, Starr said.

Starr said he believes that the law does permit a sitting president to face a criminal indictment. But longstanding DOJ policy against charging a sitting president will keep Mueller from charging Trump while in office, Starr predicted — no matter what the special counsel’s investigation into Trump’s links to Russia finds.

Unlike many observers, Starr himself has real-world experience in making such decisions. In 1998, he sent an explosive report to Congress, dubbed the Starr Report, that laid out 11 “grounds” for impeaching Clinton, including perjury, obstruction of justice, witness-tampering and abuse of power.

Even with evidence of ‘high crimes,’ impeaching Trump would probably fail

History shows it’s harder than it looks to remove a president from office.

Trump’s reported hush payments to women during the 2016 campaign: “It may be an impeachable offense if it goes to the question of the president procuring his office through corrupt means.” 

.. Democrats would investigate Trump’s retaliations against media sources that have reported news about him that he doesn’t like as abuses of “instruments of state power.”

.. three-quarters of self-identified Democratic voters in this month’s elections support impeachment

.. they may well be right that Trump’s actions — on several fronts — could clear the threshold of “high crimes and misdemeanors.” But no one should suffer illusions about the likely result of any impeachment attempts.

.. Being deemed unfit for office — the condition intended by the Founding Fathers to trigger impeachment in the House — has never been enough to get the Senate to remove a president.

History suggests that there wouldn’t be a successful conviction by two-thirds of senators without two other conditions in place:

  1. A chief executive must also be deeply unpopular. And
  2. booting him from office must seem more advantageous for the opposition in the next election than letting him remain there.

.. “High crimes and misdemeanors,” he says, “ought to be held to those offenses which are rather obviously wrong, whether ‘criminal,’ and which so seriously threaten the order of the political society as to make pestilent and dangerous the continuance in power of their perpetrator.”

Lawmakers laid a trap. In February 1867, they overrode Johnson’s veto of the Tenure of Office Act, which required the Senate’s consent for the president to fire and replace identified executive branch officers, including the secretary of war — at that time Edwin Stanton, a strong advocate of U.S. military occupation of the South. On Feb. 21, 1868, Johnson removed Stanton, who refused to leave his office even to go home or to Cabinet meetings.

.. if impeached, Johnson’s successor would have been Ohio’s Benjamin Wade — the Senate’s president pro tempore — who was, to put it mildly, unsuited for the presidency. (For years, he dared challengers to attack him in the Senate, having prominently placed two loaded pistols on his desk when he came into the chamber.)

The Case for Impeaching Kavanaugh

If the Democrats win the House this fall, they can investigate the charges against him, should he be confirmed.

.. Impeachment proceedings in the House are investigative in nature and come with a full panoply of quasi-judicial powers, including aids to investigations, such as the power to subpoena witnesses to compel them to appear and testify (subject, of course, to constitutional privileges, if applicable, such as the Fifth Amendment’s guarantee against self-incrimination).
.. If a simple majority of the House decided to proceed with impeachment, the House Judiciary Committee would be empowered to conduct a thorough and careful investigation of the sexual misconduct allegations that Professor Christine Blasey Ford has made against Mr. Kavanaugh involving a drunken sexual assault when both were high school students in suburban Washington, D.C.
.. Nor should the Democrats wait to formally take control of the House in January. The House Democratic leadership should pledge now that if they win a majority, they will conduct an impeachment investigation, to get to the truth. Doing so today would make clear to the Senate Republicans that if they rush to judgment, in the absence of a full and fair investigation, there will still be an investigation.
.. Of course, even if the House impeached Mr. Kavanaugh, it would still take a two-thirds majority in the Senate to convict and remove him from the Court. But the Senate vote would surely have at least something to do with the merits of the House’s case: If a full and fair investigation shows that Mr. Kavanaugh has lied regarding the incident — he has denied it categorically and says nothing even remotely like it ever occurred — Republican senators may find it hard to vote “no” in the #metoo era. It would be a terrible blow to the legitimacy of the Supreme Court, of course, but this is the risk that Senators McConnell and Grassley seem willing to take.
.. Moreover, an impeachment investigation could also encompass allegations that Mr. Kavanaugh has committed perjury before the Senate, twice, related to his work on the nomination of District Judge Charles Pickering to be a judge on the Court of Appeals for the Fifth Circuit. Under oath, both in 2006 and in 2018, he said he had no involvement with the White House strategy sessions associated with Judge Pickering’s nominations. Subsequently released emails, involving these sessions, suggest that these answers were at best misleading and at worst totally false.
.. Attending a strategy session as a White House staffer is not a crime. Lying under oath to the Senate Judiciary Committee, on the other hand, is. Perjury would be a perfectly justifiable, and constitutional, basis for impeachment.
.. Federal judges, including members of the Supreme Court, should not be impeached based on their judicial rulings or philosophy.
.. proceedings should be strictly limited to questions associated with his alleged intentional and deliberate efforts to mislead the Senate about his character and fitness to serve.
.. We do not know the truth of the troubling allegations against Judge Kavanaugh. But, before someone is confirmed to the Supreme Court, good faith efforts to discover the truth should be made. And if the Senate won’t conduct a credible investigation now, the House should offer its assistance next year.