We investigated the Watergate scandal. We believe Trump should be impeached.

We, former members of the Watergate special prosecutor force, believe there exists compelling prima facie evidence that President Trump has committed impeachable offenses. This evidence can be accepted as sufficient for impeachment, unless disproved by any contrary evidence that the president may choose to offer.

The ultimate judgment on whether to impeach the president is for members of the House of Representatives to make. The Constitution establishes impeachment as the proper mechanism for addressing these abuses; therefore, the House should proceed with the impeachment process, fairly, openly and promptly. The president’s refusal to cooperate in confirming (or disputing) the facts already on the public record should not delay or frustrate the House’s performance of its constitutional duty.

In reaching these conclusions, we take note of

1) the public statements by Trump himself;

2) the findings of former special counsel Robert S. Mueller III’s investigation;

3) the readout that the president released of his phone call with Ukrainian President Volodymyr Zelensky;

4) the president’s continuing refusal to produce documents or allow testimony by current and former government employees for pending investigations, as well as for oversight matters; and

5) other information now publicly available, including State Department text messages indicating that the release of essential military aid to Ukraine was conditioned on Ukraine’s willingness to commence a criminal investigation designed to further the president’s political interests.

In the 1970s, we investigated serious abuses of presidential power by President Richard M. Nixon, including obstruction of justice, concealment of government records and misuse of government agencies to punish his political enemies. We prosecuted many of Nixon’s aides for their complicity in Nixon’s offenses. Rather than indicting the president, the grand jury named him an unindicted co-conspirator, delivered to the House a “road map” of the evidence implicating him in wrongdoing and deferred to the House’s constitutional responsibility to address such presidential wrongdoing through the impeachment process.

The House, through its Judiciary Committee, fulfilled that responsibility by reviewing the evidence, interviewing witnesses and concluding that the facts warranted adopting three articles of impeachment:

  1. one for obstruction, one for
  2. abuse of power and one for
  3. contempt of Congress.

Shortly thereafter, the president resigned rather than face a Senate trial.

In our considered view, the same three articles of impeachment could be specified against Trump, as he has demonstrated serious and persistent abuses of power that, in our view, satisfy the constitutional standard of “high crimes and misdemeanors.” For example:

● Trump conditioned protection of the military security of the United States and of an ally (Ukraine) on actions for his personal political benefit.

● Trump subordinated the integrity of our national electoral process to his own personal political interest by soliciting and encouraging foreign government interference in our electoral process, including by Russia and China. He also appears to have demanded that Ukraine investigate a potential 2020 political opponent and pursue the conspiracy theory that Ukraine had interfered in the 2016 presidential election, despite the unanimous conclusion of the U.S. intelligence community that it was Russia that had interfered.

● According to the evidence laid out in the Mueller report, Trump engaged in multiple acts of obstruction of justice in violation of federal criminal statutes and of his oath of office to “take care that the laws be faithfully executed.” Because Mueller viewed Justice Department policy as precluding him from filing criminal charges against the president, the special counsel appropriately stated that these abuses are for Congress to address.

● Trump obstructed lawful congressional investigations by systematically withholding evidence and by directing government agencies and employees to refuse to cooperate with legitimate oversight by Congress. Most significantly, the president’s blanket refusal to honor requests for relevant information sought by House members conducting an impeachment inquiry constitutes impeachable contempt and obstruction. The public is entitled to know the facts, and Congress is the body our democracy has entrusted with uncovering them.

The Constitution provides for the elected representatives of the people to resort to impeachment in extraordinary circumstances showing that this drastic remedy is necessary to restrain, and possibly remove, a president who has engaged in high crimes and misdemeanors. Proper regard for reestablishing and protecting the rule of law requires firm and resolute action by the House. Lawmakers should not allow any refusal by the president to cooperate in its process to frustrate the performance of its constitutional duties.

If a bill of impeachment comes before the Senate, we urge all members of the Senate to put aside partisan loyalties and carry out their own constitutional duties courageously and honestly. In 1974, it was a group of Republican senators who put national interest over party loyalty and informed Nixon that his conduct was indefensible and would compel conviction by the Senate and removal from office. We hope the current Senate would similarly put honor and integrity above partisanship and personal political interest.

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.

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.