The House should consider the president’s incendiary rhetoric as a separate offense, worthy of its own article of impeachment, as it was in 1868.
Over the weekend, in a rage over impeachment, President Trump accused Representative Adam Schiff of “treason,” promised “Big Consequences” for the whistle-blower who sounded the alarm about his phone call with President Volodymyr Zelensky of Ukraine and shared a warning — from a Baptist pastor in Dallas — that impeachment “will cause a Civil War like fracture in this Nation from which our Country will never heal.”
We’re already on to the next news cycle, but we shouldn’t lose sight of what happened with those tweets. The president was using the power and influence of his office to intimidate a witness and threaten a member of Congress with prosecution (of a crime still punishable by death), before raising the specter of large-scale political violence should lawmakers hold him responsible for his actions. If he had said this anywhere besides Twitter — in the Rose Garden or at a campaign stop — we would see it as a clear and unacceptable abuse of presidential rhetoric, his authoritarian instincts at work.
The House impeachment inquiry will almost certainly focus on Trump’s attempt to solicit foreign intervention in the 2020 election. If it goes beyond that, it might also include the president’s corruption and self-dealing. But in whichever direction the investigation goes, the House should consider Trump’s violent rhetoric as a separate offense, worthy of its own article of impeachment.There’s precedent for making transgressive presidential speech a “high crime or misdemeanor.” The 10th article of impeachment against Andrew Johnson in 1868 was about his language and conduct over the course of his term. Two years earlier, Johnson had taken a tour of Northern cities to campaign against Radical Republicans in Congress and build support for his lenient policies toward the defeated South.
At first, it was a success, with large crowds cheering the president during events in Baltimore, New York and Philadelphia. But his fortunes turned in Cleveland, where the stubborn and taciturn Johnson unraveled in the face of hecklers. “The president was frequently interrupted by cheers, by hisses and by cries, apparently from those opposed to him in the crowd,” William Hudson, a reporter for The Cleveland Leader, wrote. When a heckler yelled, “Hang Jeff Davis!” — referring to the former leader of the Confederacy, then held at Fort Monroe in Virginia — Johnson replied, “Why don’t you hang him?” When another shouted, “Thad Stevens” — the chief Radical Republican in the House of Representatives — a now angry Johnson responded with “Why don’t you hang Thad Stevens and Wendell Phillips?” Phillips had been a leading abolitionist.
Johnson continued to speak, struggling to gain the upper hand with the crowd. By the end, however, the president was unhinged. “Come out where I can see you,” he said to one heckler. “If you ever shoot a man, you will do it in the dark and pull the trigger when no one else is by to see.” After witnessing this disastrous performance, an aide urged the president to consider the dignity of the office. Johnson was dismissive. “I don’t care about my dignity,” he reportedly said.
The tour didn’t improve. In St. Louis, as in Cleveland, hecklers yelled “New Orleans” in reference to a massacre that summer in which white Democrats, most of them ex-Confederates, attacked a large gathering of black Republican marchers, killing nearly 50 people. In response, Johnson said the “riot at New Orleans was substantially planned.” But he blamed Radical Republicans who, he said, encouraged the city’s “black population to arm themselves and prepare for the shedding of blood.” At this point, someone in the crowd called him a “traitor,” which — as Garry Boulard recounts in “The Swing Around the Circle: Andrew Johnson and the Train Ride That Destroyed a Presidency” — Johnson angrily denounced with one of the strangest tirades of the tour: “I have been traduced! I have been slandered. I have been maligned. I have been called Judas — Judas Iscariot and all of that.”
By the time it was over, Johnson had been humiliated and his reputation was in tatters. In The Atlantic Monthly, the essayist Edwin Percy Whipple summarized elite opinion of Johnson’s tour:
Never before did the first office in the gift of the people appear so poor an object of human ambition as when Andrew Johnson made it an eminence on which to exhibit inability to behave and incapacity to reason. His low cunning conspired with his devouring egoism to make him throw off all the restraints of official decorum, in the expectation that he would find duplicates of himself in the crowds he addressed and that mob diffused would heartily sympathize with Mob impersonated. Never was a blustering demagogue led by a distempered sense of self-importance into a more fatal error.
All of this would resurface in 1868, when the House adopted its 11 articles of impeachment against the president. Among them was a reference to his summer swing through the North — to the idea that Johnson had sullied the office of the presidency with dangerous, demagogic rhetoric. In its 10th article of impeachment, the House of Representatives accused Johnson of being “unmindful of the high duties of his office and the dignity and proprieties thereof.” His behavior, they argued, was an “attempt to bring into disgrace, ridicule, hatred, contempt and reproach the Congress of the United States” and to “impair and destroy the regard and respect of all the good people of the United States for the Congress and the legislative power thereof.”Article 10 was divisive. Not necessarily because the Congress or its Republican majority had any love for Johnson, but because it raised difficult political and constitutional questions. How could anyone actually prove that Johnson meant to “impair and destroy” the regard of Congress? And while it’s true the president has unique duties, it’s also true that the president is entitled to the same freedom of speech that any other citizen has. His rhetoric was offensive, but was it impeachable?
Johnson’s opponents in the Senate opted not to test the case. They tried the president on just three articles of impeachment. And if not for the last-minute (and arguably self-interested) defection of Senator Edmund Ross of Kansas, Johnson would have been cast from office, the first president to be impeached and removed.
This is all to say that Trump easily meets the Andrew Johnson standard for impeachable rhetoric. For nearly three years, he has used the presidency to stir anger and incite hatred. He has rallied crowds with racist demagogy and threatened opponents with violence from his supporters. “I can tell you I have the support of the police, the support of the military, the support of the Bikers for Trump — I have the tough people,” Trump said in an interview with Breitbart in March. “But they don’t play it tough — until they go to a certain point, and then it would be very bad, very bad.” On Tuesday, he accused his Democratic opponents of orchestrating a coup.
If impeachment is about a pattern of behavior — if it’s about the sum total of a transgressive, unethical and unlawful presidency — then this rhetoric must be part of the final account. And it is a difficult case; we don’t want to criminalize speech. But presidential rhetoric isn’t just speech — it is a form of power, and like most of his other powers, Trump has been abusing it.
Seemingly devoted to making our country into the Divided States of America, the President who smeared and offended Muslims and Latinos is now doing the same for Jews. Speaking in the Oval Office, Donald Trump accused Jews who vote for Democrats of having “either a total lack of knowledge or great disloyalty.”With those nine evil words, he deployed a vague but potent trope about Jewish patriotism. Accusations of “disloyalty” were flung at Jews in Nazi Germany and have been used to smear Jews around the world. Trump wasn’t specific about the loyalty Jewish Democrats were violating.
- To Israel?
- To Judaism?
- To America?
- To Trump?
He subsequently explained to reporters Wednesday that he had meant that those who support Democrats are disloyal to “Jewish people” and to Israel. He did not explain why he should be considered a proper judge of Jewish Americans’ obligations.The uproar over Trump’s remarks drew press attention away from rising evidence that the US is headed for an economic meltdown. The economy has been his main claim to presidential success. On the very day he shouted-out to anti-Semites, Trump also admitted that more tax cuts are being considered as a way to halt the slide into recession.Confusing and outrageous statements are key to Trump’s style of attention-seeking, which he refined over decades of manipulating the tabloid press in New York City. Back then he would make outrageous statements about
- his own wealth,
- plant stories about the famous women pursuing him for romance, and
- jump into controversies like the attack on a jogger in Central Park, which he exploited with signed advertisements calling for New York state to reinstate the death penalty.In the jogger case, Trump wasn’t so bold as to say the youngsters arrested for the crime should be executed, but the implication was obvious. (It should be noted that they were eventually exonerated of the crime.) The wording meant that Trump could exploit the dangerous anger people felt about the attack, but in an indirect way.By the time he began his 2016 campaign for president, Trump had perfected his method of attaching escape-hatch-caveats to inflammatory words about groups of people. So it was that he said that a few “good people” were among the immigrants from Mexico whom he described as rapists and people bringing drugs.With his “lack of knowledge” and “great disloyalty” smear, Trump again picked up his favorite playthings — dangerous words — and threw them around recklessly. Those who identify with neo-Nazis chanting “Jews will not replace us” during the awful white nationalist demonstrations in Charlottesville would find in Trump’s comment confirmation that he is with them. He expressed a similar sentiment during the Charlottesville crisis when he noted there were “very fine people” among those who carried torches and shouted the Nazi slogan “blood and soil”Trump’s comments are of a piece with the white identity strategy he seems to be employing in his bid for reelection. With his brutal approach to immigration, references to “shithole” countries in Africa, and his consistent attacks on black and brown members of Congress — like his recent, and repeated, public disparagement of Muslim-American Congresswomen Ilhan Omar and Rashida Tlaib — Trump plays on white anxieties about a future when they are no longer part of a racial or ethnic majority.The big problem with Trump’s callous and destructive abuse of his office is that it requires regular renewal, intensification and amplification. Renewal comes when he simply repeats an ugly claim to remind us where he stands. Intensification comes when he raises the stakes to make sure he gets the attention he wants. Amplification comes when he adds a new group — in this case American Jews — to his hit parade of hatred. With three techniques he keeps drawing attention to himself, and away from serious problems.It’s difficult to say where all this will lead. The only certainty is that Trump will continue along this line. Proof came less than 24 hours after his Oval Office disgrace when he retweeted a notorious conspiracy theorist’s claim that Israelis regard Trump as “the second coming of God.”Jews do not believe in a concept like the “second coming,” but conservative evangelicals who largely support Trump do. The statement exploits their religious and emotional attachment to Israel in the crudest possible way. Of course, Trump endorsed it.
The president cannot be absolved of responsibility for inciting the hatreds that led to El Paso.
Connor Betts, the alleged Dayton shooter, had left-wing political views, believed in socialism, supported Elizabeth Warren’s candidacy, and regularly inveighed on Twitter against various personages on the right (including, it turns out, me). This has some conservatives fuming that liberal media is conveniently ignoring the progressive ideology of one shooter while obsessing over the far-right ideology of another — Patrick Crusius, who posted an anti-immigrant manifesto shortly before police say he murdered 22 people at a Walmart in El Paso.
Sorry, but the comparison doesn’t wash. It’s idiotic.
The Dayton victims did not fit any political or ethnic profile: They were black and white, male and female, an immigrant from Eritrea and Betts’s own sister. Crusius’s victims, overwhelmingly Hispanic, did: They were the objects of his expressly stated political rage.
What happened in Ohio was a mass shooting in the mold of the Las Vegas massacre: victims at random, motives unknown. What happened in Texas was racist terrorism in the mold of Oslo, Charleston, Pittsburgh, Christchurch and Poway.
The former attack vaguely implicates the “dark psychic force” that Marianne Williamson spoke of in last week’s Democratic debates. The latter directly implicates the immigrant-bashing xenophobic right led by Donald Trump.This needs to be said not because it isn’t obvious, but because too many conservatives have tried to deny the obvious
The president cannot be absolved of responsibility for inciting the hatreds that led to El Paso.
. It’s not about ideology, they say: It’s a mental-health issue. But that’s precisely the kind of evasive reasoning many of those conservatives mockedin 2016, when the mental state and sexual orientation of Orlando nightclub shooter Omar Mateen was raised by some media voices to suggest that his attack had not really been an act of Islamist terrorism.
Alternatively, conservatives have cited the decline of civil society, the effects of the de-institutionalization of the mentally ill, the paucity of prayer and the ubiquity of violent video games — in sum, the breakdown of “the culture” — as explanations for mass shootings. This is the right-wing equivalent of the left’s idea that poverty and climate change are at the root of terrorism: causes so general that they explain everything, hence nothing. Why not also blame Friedrich Nietzsche and the death of God?
Get real: The right’s attempt to downplay the specifically ideological context of the El Paso massacre is a transparently self-serving attempt to absolve the president of moral responsibility for his demagogic rhetoric. This, too, shouldn’t wash. The president is guilty, in a broad sense, of a form of incitement.
No, Trump did not specifically incite anyone to violence, as characters like Yasir Arafat once did. (“To Jerusalem we march, martyrs by the millions!”) He will not, as Palestinian leaders still do, offer financial rewards to the families of terrorists. His scripted condemnation on Monday of white supremacy was, at least, a condemnation.
But incitement takes many forms. In June 2018, Trump tweeted the following: “Democrats are the problem. They don’t care about crime and want illegal immigrants, no matter how bad they may be, to pour into and infest our Country, like MS-13. They can’t win on their terrible policies, so they view them as potential voters!”
The tweet (noted by my colleague Frank Bruni in a recent column) is significant precisely because it is almost forgotten. It does not even rank in a top 10 list of Trumpian outrages. And yet it’s all there:
- The imputation of bad faith to his political opponents.
- The conspiracy theory about “potential voters.”
- The sneaking conflation of illegal immigrants with violent gang members.
And the language of infestation. In the early 1990s, Hutu propagandists in Rwanda spoke of the Tutsi as “cockroaches.” The word served as a preamble to the 1994 genocide in which over half a million people died. In today’s America, the dissemination of the idea, via the bully pulpit of the presidency, that we are not merely being strained or challenged by illegal immigrants, but invaded and infested, predicated the slaughter in El Paso.
It’s worth noting that the Walmart massacre is, as far as I know, the first large scale anti-Hispanic terrorist attack in the United States in living memory. On current trend, it will surely not be the last or the worst. The language of infestation inevitably suggests the “solution” of extermination. As for the cliché that sensible people are supposed to take Trump seriously but not literally, it looks like Patrick Crusius didn’t get that memo.
The main task for Democrats over the next 15 months won’t be to convince America that they need yet another health care re-invention, or that the economy is a mess, or that the system is rigged, or that the right response to Trump’s immigration demagoguery is an open border. It’s that the president is
- a disgrace to his office,
- an insult to our dignity,
- a threat to our Union, and
- a danger to our safety.