This Will Come Back to Haunt Trump and His Enablers

The president was acquitted by the Senate, but the American people are smarter.

The vote to acquit President Trump was a dark day for the Senate. Uninterested in hearing from witnesses (and likely scared by what they would say), uncritical of outrageous legal arguments made by the president’s lawyers and apparently unconcerned about the damage Mr. Trump has done to the integrity of America’s elections, a majority of senators insisted on looking the other way and letting him off the hook for a classic impeachable offense: abuse of public office for private gain.

But while the Senate got it wrong, the American people learned what’s right. This impeachment was about much more than the final vote of 100 senators. It was a process, and that process yielded a public education of extraordinary value. While the Senate may emerge from the process weakened, the American people, on the whole, emerge from it strengthened by a sharpened sense of what’s right and what’s wrong for an American president; of what it means for a political party to show moral courage; of what it looks like when dedicated public servants speak truth no matter the consequences; and of the importance of whistle-blowers for ensuring accountability.

The past few months have shown Americans a president who abused the public trust for his personal benefit. Before this process, we suspect, few Americans had dwelled on the question of when it crosses the line for a president to exploit for private political gain the tools of national power placed in his or her hands.

But impeachment has forced Americans to confront it — a question, it turns out, that was central to the framers’ decision to include impeachment in our Constitution. And Americans overwhelmingly reject what Mr. Trump did, with 75 percent saying in December that his Ukraine extortion scheme was wrong (a view that even some Republican senators have endorsed). That’s huge: For all that divides Americans today, this is a dominant consensus on what it means to abuse public office and distort American democracy.

Americans have also seen that, despite the intense pessimism and even disillusionment that many feel about politics, a political party still can show moral courage — regardless of the political costs. The Democrats were told constantly that impeachment would hurt them in November. Mr. Trump himself has boasted that it will, and what’s more he has relished the chance to claim exoneration and to take a victory lap at the same time as Democratic hopefuls began duking it out in earnest in the primaries. The Democrats knew all this, and what’s more, they knew they faced an uphill battle: That’s what the constitutional requirement of a two-thirds Senate majority to convict imposes from the beginning.

But they still did the right thing. They called out impropriety so glaring that it could not be suffered in silence. And they reminded all of us that a political party can pursue what’s right over what’s expedient — and so can a lone politician, as Senator Mitt Romney showed.

Americans saw on vivid display another form of courage: the incredible bravery of public servants who testified before the House of Representatives, the nation and the world — people like Lt. Col. Alexander Vindman and Dr. Fiona Hill. They did so despite the gag orders issued by Mr. Trump to disobey Congress. They did so knowing they’d face death threats. They did so not knowing whether their testimony would yield the president’s impeachment or removal. And they spoke up because they believed in truth as an end in itself.

That’s a reminder, in our disinformation-fueled times, that candor is a value we must recover. And it’s a lesson for the American people that those who serve our government by working long hours for little pay and even less glory aren’t the “deep state” that Mr. Trump denounces but, instead, patriots.

Americans also received a lesson in the critical importance of whistle-blowers in holding our government to account. The role of whistle-blowers is as old as the government itself, dating back to the Continental Congress. But never has their necessity been put on display as clearly as when a courageous whistle-blower filed the complaint that, ultimately, led to the exposure of Mr. Trump’s Ukraine extortion bid.

In this, Americans can see why the United States has been protecting whistle-blowers by law since 1777: Through proper channels, they can provide internal accountability that other actors — like Congress and the press — often can’t achieve, especially when an administration like the current one so relentlessly tries to hide its misdeeds and resist oversight.

Remember also that the investigation into Mr. Trump’s Ukraine extortion scandal isn’t over. Trump’s own lawyers insisted that key witnesses like John Bolton should testify in the House, rather than in the Senate. And Mr. Trump’s entire defense was that the people should decide in November. So be it. The House has a continuing duty, as part of its oversight and legislative functions, to get to the bottom of what happened so that November will be a fully informed choice. Recall that it was Mr. Trump’s central defense that there weren’t witnesses who testified that they saw, firsthand, his extortion of Ukraine. The House now has an opportunity to do so. And it must, according to Mr. Trump’s own arguments, so that the November election can serve the function that Mr. Trump, in warding off impeachment, claimed it should.

President Trump may remain in office for now, but he now serves an American people that’s stronger for the journey our country has just taken. It’s a country energized by a sense of when a president has abused his office; reminded of how a political party can choose morality over political expediency; enlightened by the display of candor from public servants; and educated about the crucial nature of whistle-blowers and thus of the legal protections afforded them.

Regrettably, one political party has resisted acknowledging, let alone embracing, these lessons. That’s a danger to the Republic. And it’s one that Americans now need to address through their public advocacy, their community engagement — and, ultimately, at the voting booth in November.

Hallie Jackson To Gaetz: ‘Why Do You Think The Rules Do Not Apply To You?’ | Hallie Jackson | MSNBC

Rep. Matt Gaetz is interviewed by MSNBC’s Hallie Jackson about leading two dozen House Republicans into closed-door testimony, breaking Congressional rules by occupying a secure room without clearance, bringing electronic devices into the room, and ordering pizza and Chick-fil-A. Aired on 10/24/19.

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.