A Case Against Impeachment

Three (provisional) reasons not to put the president on trial.

You could argue that the month of January has very modestly raised the odds that Donald Trump will not finish his term as president.

First, the government shutdown has demonstrated that Trump’s own incompetence suffices to cost him support in the polls and in the Senate — an indication that a larger crumbling of his political firewall might be possible.

Second, the indictment of Roger Stone, based on his lies to Congress about outreach to WikiLeaks, keeps open the possibility of future revelations of conspiracy implicating Trump himself.

Finally, there has been a burst of media interest in impeachment — an Atlantic cover story by Yoni Appelbaum prodding Democrats to take the plunge, and a more cautious essay by my colleague David Leonhardt putting the option on the table.

I’m open to these arguments; indeed, I have to be, since I’m on the record urging this president’s removal from office using the unusual remedy of the 25th Amendment. But there are several difficulties with the current briefs for impeachment, which suffice for now to keep a Pence presidency out of reach.

The first is the gulf between the democracy-subverting powers that the briefs ascribe to Trump and the actual extent of his influence. In Appelbaum’s essay, the president is charged with nothing less than having “trampled” on “the liberties guaranteed by the Constitution.” But many of his examples feature Trump failing to actually trample anything. He “did his best” to enact a Muslim travel ban (the actual ban was limited and upheld by the Supreme Court), he has “called for” the firing of political enemies (with little discernible result), he has made “efforts” to impede the Mueller investigation (which continues apace), and so on down the list of outrages that exist primarily on his Twitter feed.

Much of the case for “trampling,” then, is a case against Trump’s rhetoric. And one can acknowledge that rhetoric’s evils while doubting that the ranting of a president so hemmed in, unpopular and weak is meaningfully threatening the Constitution.

..Especially because of the second problem with the case for impeachment, which might be summed up in a line from a poem that Trump often quoted in 2016: You knew damn well I was a snake before you took me in.Meaning, in this case, that little about his rhetorical excess, his penchant for lies and insults or the seaminess of his courtiers was hidden from voters on the campaign trail in 2016, in an election that by the Constitution’s standards Trump legitimately won.

The electorate’s foreknowledge of a politician’s sleaziness doesn’t preclude impeachment. But it means that there is, at least, a quantum of sleaze that the president’s supporters voted to accept. And the closer we get to a new election — including another primary campaign — the stronger the case for asking voters to retract that endorsement, instead of pre-empting their judgment from on high.

.. Appelbaum, for instance, analogizes Trump’s race-baiting to Andrew Johnson’s efforts to impede Reconstruction in the late-1860s South. But when he was impeached, Johnson was literally using his veto to abet the possible restoration of white supremacy. Whereas Trump is conspicuously losing a fight over some modest border fencing, and his last race-inflected policy move was … a criminal justice reform supported by many African-Americans. The president may be a bigot, but the policy stakes do not remotely resemble 1868.

Then there are the geopolitical risks of Trump’s alleged Russian loyalties. After the Stone arrest, Appelbaum’s Atlantic colleague David Frum deemed these too severe to wait even for Robert Mueller’s verdict: “But now — now! — the country is in danger.”

But in the absence of Mueller-stamped evidence, what we have to prove that peril is Trump’s actual foreign policy, which is erratic but frequently quite unfriendly to Moscow — with the administration’s effort to subvert the Russian-aligned Maduro regime in Venezuela just this week’s example.

Which makes it entirely reasonable to wait to see whether Mueller vindicates the various uncorroborated scoops about a conspiracy hatched in Prague or the Ecuadorean Embassy, rather than trying to impeach Trump for, say, his private griping about NATO.

At the end of my invoke-the-25th-Amendment column I wrote, “There will be time to return again to world-weariness and cynicism as this agony drags on.” That was month four of this presidency; as we approach month 25 I suppose I have become that world-weary cynic.

Rudy Giuliani is the fool for our time

Rudy Giuliani started Tuesday in the manner Americans have come to expect of the president’s lawyer: He attacked former FBI director James Comey by tweeting a cartoon image of Bashful from Disney’s “Snow White.”

Giuliani deleted the tweet, and anyway, it’s not clear why he chose Bashful.

.. He had told CNN on Sunday that “no one signed” a letter of intent for Donald Trump to build a Moscow project. On Tuesday, CNN obtained the letter — signed by Trump.

Giuliani, asked by the New York Daily News to explain himself, said, “I don’t think I said nobody signed it.” Completing the reversal, he said “of course” Trump signed it: “How could you send it but nobody signed it?”

.. The “fool” has been a dramatic fixture at least since Shakespeare scribbled, and Giuliani is the fool for our time. Occasionally he speaks accidental truths, but mostly he plays the clown.

.. “Twitter allowed someone to invade my text with a disgusting anti-President message,” an alarmed Giuliani tweeted a few weeks ago, calling Twitter “card-carrying anti-Trumpers.” In fact, Giuliani had accidentally sabotaged his own tweet with a punctuation error — “G-20.In” — that automatically created a hyperlink to an Indian Web address. A clever observer quickly bought the domain and created a page that said “Donald Trump is a traitor.” Giuliani’s errant accusation was all the funnier because he’s also Trump’s “cybersecurity adviser.”

.. The former New York mayor, 74, has long been a loose cannon, asserting that there had not been any “successful Islamic terrorist attacks” during the George W. Bush administration, saying Trump’s travel ban was a legal way to do a “Muslim ban,” and predicting a “pretty big surprise” right before Comey reopened the Hillary Clinton email investigation. Alternately ill-informed and indiscreet, he’s just the guy you’d want as your lawyer.

.. Giuliani began as Trump’s lawyer in the spring by comparing FBI agents to “stormtroopers” and later claiming a law-enforcement informant was a “spy.”

.. He said he would charge special counsel Robert Mueller’s office “with a lance” to defend Ivanka Trump, but Jared Kushner is “disposable.”

.. He said Trump couldn’t be indicted as president even if he “shot” Comey.

.. He undermined months of Trump’s “no collusion” claims by proclaiming instead that “collusion is not a crime.”

He defended Trump on NBC’s “Meet the Press” by saying “truth isn’t truth.”

He admitted publicly that the June 2016 Trump Tower meeting was held “for the purpose of getting information about Clinton,” upending the official line that it was about adoption.

He suggested guilt when he told the Daily Beast “this was not a big crime” because “nobody got killed, nobody got robbed.”

And, days ago, he raised the possibility that associate Roger Stone gave Trump advance notice that WikiLeaks would release emails about Clinton stolen by Russia, saying “if” Stone had, “it’s not a crime.”

Clearly, some Giuliani dopiness is an effort to divulge damaging information gently. But he often makes matters worse.

.. Giuliani announced that Trump reimbursed Cohen for hush money to a porn actress. But he seemed baffled when told Cohen had claimed it was his own money: “He did?” Retreating, Giuliani said Trump wasn’t told about the payments, “but even if he was told, he wouldn’t have remembered it.” Further backpedaling, Giuliani said, “I’m not an expert on the facts” and issued a written statement “to clarify the views I expressed over the past few days.”

A similar mop-up came after Giuliani volunteered on TV that there had been a second meeting between Trump associates and Russians. Hours later, he said the just-referenced meeting “never happened.”

On Sunday, Giuliani was back to truth-isn’t-truth, telling ABC’s George Stephanopoulos that “unless you’re God . . . you will never know what the truth is” from Cohen. And Giuliani told Fox News’s Chris Wallace that Mueller would interview Trump “over my dead body — but you know, I could be dead.”

Perish the thought! We need Giuliani’s entertainment. But when he dies, there should be a memorable scene when he goes before the One Who Knows Truth.

“I didn’t lie,” Giuliani will say, “but even if I did, it wasn’t a crime to be Dopey.”

 

Comments:

I always felt Rudy used 9/11 more than actually helping.
.. Need for money and attention, and significant cognitive decline due to age have brought about this sorry spectacle.
In the Trump WH age-related cognitive decline has a pretty good chance of passing unnoticed.
.. Trump is the anti-King Midas.

.. I’m sorry, but this column is mistaken.  Giuliani is playing out his assigned role precisely as intended.  Self-contradictions, deliberate falsehoods, apparent “misstatements,” bizarre tweets — all external hallmarks of Rudy’s boss, and Rudy’s a talented understudy.  The purpose behind all this playacting is to distract and confuse, and it works.  Trump continues to operate on the principle that the longer he can keep people shocked, off-balance, outraged, distracted, and confused, the longer he can rake in ill-gotten gains from his real aim: fleecing the American public.  Giuliani has been recruited to assist in the Dept. of Misdirection.

The only fool thing Giuliani has done is to place the slightest reliance on Trump’s promise of whatever payback The Gilded Don has dangled in exchange for Rudy’s excellent diversionary stunts.   A substantial group of construction subcontractors have learned, to their lasting pain and sorrow, what Trump’s promises are worth.

.. I agree.  Fortunately, Giuliani has no power or authority so people just ignore his inane pronouncements.  In the words of Jimmy Breslin, “Rudy Guiliani is a small man in search of a balcony.”
.. I think you’re giving them both more credit than they deserve. IMHO Trump is just a bully and Giuliani really is just a fool. But hey, there’s every chance you’re right, I’m just not sure they are smart enough to be so devious. 
.. Trump, Giuliani, and Gingrich: The Three Wives Men
.. Oh god another moron who thinks he is a stable genius.  Surely Rudy’s third divorce is having an affect on him.  And getting kicked out of his law firm for disgracing them with his idiocy, and having another exwife asking for more money, just has Rudy rattled. Please somebody remove this blight on the Constitution from our eyes and ears.
.. I find it amazing that anyone would even have this man appear in front of any camera.  If one lived in NYC when he was Mayor (as I did) you would know the truth about him.
He was a Mayor whose interest was to clean up the parks by moving all the homeless out of them with nowhere to go. Put them in the streets with no plan.
Did nothing for NYC education, nothing for housing, nothing for women’s or Gay rights and on and on.
The final straw was this America’s Mayor standing in front of Grace Mansion and telling the world he was divorcing his then wife (Donna Hanover) to marry his mistress.  Never telling her in person.
What kind of man is this?  He is exactly the clown you see today licking the boots of a President who like Rudy is a man without scruples and who lies on TV then is brought back to reality with proof that he spouts these lies and thinks he will get away with them.  Todays world has everything recorded.  Mr Giuliani please go back to your senior home and take your meds.
.. Could it be that Rudy is really a secret double agent who actually works for Mueller? Every time he opens his mouth, Rudy digs the hole deeper for Trump.
.. Very nicely done. The most puzzling thing about Giuliani is that he doesn’t have the self-awareness to realize that he looks foolish and he apparently doesn’t have anyone close to him who he trusts to tell him that he looks foolish either. He has chosen a very difficult role: mouthpiece for an habitually lying, narcissistic degenerate. Very few people could take that role and emerge with any dignity. In fact, most people with dignity would not take that role. Guliani will not be remembered as the Mayor of New York City during 9/11 nor as the U.S. Attorney who once tried to clean up Wall Street. He will be remembered as Trump’s tool, and as this piece says, as a fool.

.. Mr. Rudolph Guiliani is second only to the TRumpster himself in making the TRumpster look guilty as sin.

Damage Control at Facebook: 6 Takeaways From The Times’s Investigation

In fall 2016, Mark Zuckerberg, Facebook’s chief executive, was publicly declaring it a “crazy idea” that his company had played a role in deciding the election. But security experts at the company already knew otherwise.

They found signs as early as spring 2016 that Russian hackers were poking around the Facebook accounts of people linked to American presidential campaigns. Months later, they saw Russian-controlled accounts sharing information from hacked Democratic emails with reporters. Facebook accumulated evidence of Russian activity for over a year before executives opted to share what they knew with the public — and even their own board of directors.

In 2015, when the presidential candidate Donald J. Trump called for a ban of Muslim immigrants, Facebook employees and outside critics called on the company to punish Mr. Trump. Mr. Zuckerberg considered it — asking subordinates whether Mr. Trump had violated the company’s rules and whether his account should be suspended or the post removed.

But while Mr. Zuckerberg was personally offended, he deferred to subordinates who warned that penalizing Mr. Trump would set off a damaging backlash among Republicans.

Mr. Trump’s post remained up.

As criticism grew over Facebook’s belated admissions of Russian influence, the company launched a lobbying campaign — overseen by Sheryl Sandberg, the company’s chief operating officer — to combat critics and shift anger toward rival tech firms.

Facebook hired Senator Mark Warner’s former chief of staff to lobby him; Ms. Sandberg personally called Senator Amy Klobuchar to complain about her criticism. The company also deployed a public relations firm to push negative stories about its political critics and cast blame on companies like Google.

Those efforts included depicting the billionaire liberal donor George Soros as the force behind a broad anti-Facebook movement, and publishing stories praising Facebook and criticizing Google and Apple on a conservative news site.

Facebook faced worldwide outrage in March after The Times, The Observer of London and The Guardian published a joint investigation into how user data had been appropriated by Cambridge Analytica to profile American voters. But inside Facebook, executives thought they could contain the damage. The company installed a new chief of American lobbying to help quell the bipartisan anger in Congress, and it quietly shelved an internal communications campaign, called “We Get It,” meant to assure employees that the company was committed to getting back on track in 2018.

Sensing Facebook’s vulnerability, some rival tech firms in Silicon Valley sought to use the outcry to promote their own brands. After Tim Cook, Apple’s chief executive, quipped in an interview that his company did not traffic in personal data, Mr. Zuckerberg ordered his management team to use only Android phones. After all, he reasoned, the operating system had far more users than Apple’s.

Washington’s senior Democrat, Senator Chuck Schumer of New York, raised more money from Facebook employees than any other member of Congress during the 2016 election cycle — and he was there when the company needed him.

This past summer, as Facebook’s troubles mounted, Mr. Schumer confronted Mr. Warner, who by then had emerged as Facebook’s most insistent inquisitor in Congress. Back off, Mr. Schumer told Mr. Warner, and look for ways to work with Facebook, not vilify it. Lobbyists for Facebook — which also employs Mr. Schumer’s daughter — were kept abreast of Mr. Schumer’s efforts.

 

Related:

What Facebook Knew and Tried to Hide (28 min audio)

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 protections, and 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.