How Democrats can respond to Trump’s wrongdoing without overreacting.
This controversy is really two disputes. One is legal and procedural, regarding the executive branch’s decision to withhold the whistleblower’s complaint from Congress. The other dispute is substantive and perhaps constitutional, over the propriety of what Mr. Trump has all but admitted he discussed with the Ukrainian president.Is Trump’s Ukraine Call an Impeachable Offense?00:00 / 23:40SUBSCRIBE
As to the first dispute, Robert Litt, who served as General Counsel to the Office of the Director of National Intelligence during the Obama administration, has lucidly laid out the legal complexities. In an article for Lawfare, he concludes that “the argument that the law did not require the DNI to transmit the [whistleblower’s] complaint to Congress . . . is not a frivolous one.” Moreover, if the Justice Department’s Office of Legal Counsel determined that the president’s actions weren’t matters of urgent concern as defined in the federal law for intelligence whistleblowers, the DNI might well feel bound to block the transmission of the complaint.
Mr. Litt points out that the intelligence community’s inspector general also sought permission to transmit the complaint to congressional intelligence committees for reasons unrelated to the whistleblower law, and was told that executive privilege would preclude this action. Starting with George Washington, there is a long tradition of presidents declining to reveal the contents of their communications with foreign leaders. Here, as in so many instances, President Trump has violated the norms that sustain our constitutional order while adhering to the forms.
I confess that when I heard the first reports about Mr. Trump’s conversation with the Ukrainian leader, it struck me as a scene from a mob movie: Nice little country you have here, Mr. Zelensky. It’d be a shame if anything happened to it. But as former federal prosecutor Renato Mariotti has argued, the president’s conduct doesn’t fit comfortably within statutory definitions of bribery or extortion. Besides, presidents often use levers of power, including foreign assistance, to induce other leaders to act in ways they might prefer not to.
The real offense is distorting U.S. foreign policy to improve Mr. Trump’s re-election chances, which he and his personal attorney, Rudy Giuliani, appear to have done. If so, this would violate the spirit of the oath Mr. Trump swore when he assumed the presidency. Because the courts offer no prospect of remedy, many representatives believe that impeachment is the only recourse, and also their duty. Speaker Pelosi’s announcement is the first step down this road.
Although I respect their motives, I disagree: Impeachment is a constitutional option, not a constitutional obligation. It is, in the broadest sense, a political act, and therefore is subject to political tests of feasibility and efficacy.
There is no evidence that impeaching the president would lead to his removal from office, which would require the consent of 20 Republican senators. (As this article went to press, exactly one— Mitt Romney of Utah—had expressed strong concern about the president’s conduct in the Ukrainian controversy.) Nor is there any evidence that impeaching the president would increase Democrats’ odds of defeating him in the election. Judging by public opinion, the reverse seems more likely.
On the other hand, inaction isn’t an option because it would have the effect of normalizing presidential conduct that is anything but normal—and accepting the unacceptable as a fait accompli. This presents a dilemma for Democrats, many of whom believe that there are only two paths—impeaching the president or doing nothing.
Fortunately for them and for the country, there is a third choice, provided by law: a resolution formally censuring the president. There is precedent. In 1834 the Senate censured President Andrew Jackson for withholding documents related to his defunding the Bank of the United States, one of the most hotly disputed decisions of his presidency.
The House should use the impeachment inquiry to develop the factual basis for a comprehensive bill of particulars against President Trump—an enumeration of his most egregious affronts to the spirit of the laws and the Constitution, and to the honor and dignity of the office he holds. They should pass this bill as a formal motion of censure. And then the Democrats should take their case to the ultimate judges in our republic, the people themselves, for a final decision in November 2020. The Senate will not remove the president from office; only the people can.
If inaction is dishonorable and impeachment futile, censure is the only course that makes both moral and political sense.
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:
- A chief executive must also be deeply unpopular. And
- 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.)