Monday, April 29, 2019

Impeachment is not a simple maneuver

This post was published in the Wilson Times April 27,  2019.



In the first 100 years of the American Republic, only one president was impeached (and the senator who cast the decisive “not guilty” vote was lauded in John F. Kennedy’s “Profiles in Courage”). In the last 50 years, I have lived through two (failed) impeachments and am now facing a potential third trial aimed at removing Donald Trump from office.

With the release of the Mueller report, it is now up to Congress to decide whether President Trump will be impeached. The special counsel investigation failed to find prima facie evidence of conspiracy between Russia and the Trump campaign to sway the 2016 election to Trump, but it did find an abundance of evidence of dishonesty, cruelty, misuse of office, malfeasance, abuse of presidential power and abuse of federal officials. It also showed the Trump campaign did nothing to rebuff or discourage Russia’s improper interventions. The Constitution provides for impeachment of a president for “high crimes and misdemeanors,” and Trump defenders claim no one has presented credible evidence of a “high crime.”

But did the authors of the Constitution intend to limit impeachment only to specific federal crimes (there were no federal criminal statutes at the time the Constitution was ratified)? Or were the authors of the Constitution intentionally vague in order to punish misbehavior, incompetence or disreputable behavior in office? Many contend the latter thinking was intended in the impeachment clause.

Many elected officials (most of them Democrats) have cited Trump’s blatant lies, his mistreatment of subordinates and international allies, his narcissism, his attacks on the federal courts, his mendacity, his contempt for American values and institutions as more than adequate grounds for impeachment.

Some Democrats and a few others are pushing for Congress to bring impeachment charges against the president, but the Democratic leadership in Congress has advocated caution over any impeachment bill. Theoretically, an impeachable offense is whatever Congress says it is. It is the sole authority on this matter, authorized to bring charges in the House and convict or find not guilty in the Senate. Because GOP senators have lined up behind Trump, no matter what, an impeachment trial conviction is highly unlikely.

Although Congress determines whether an incident is an impeachable offense, there is another factor involved: voters. In the 1974 impeachment case against Richard Nixon, a majority of Americans had lost all confidence in Nixon. His approval ratings in polls dropped into the 20 percent range. The courts had ruled against his refusal to give up subpoenaed evidence of his obstruction of justice. Even then, Nixon had a loyal following among a small minority of voters and a league of loyalists on Capitol Hill. It took the intervention of Sen. Barry Goldwater, the most respected Republican in Congress, to convince Nixon that he had to resign or face certain removal from office.

When the House voted to impeach Bill Clinton in 1998, the president remained popular. He recorded his highest popularity rating — 73 percent — in the month that the House voted to impeach him. He was quickly acquitted by the Senate. The Clinton impeachment came to be viewed as a ghastly overreach by Republicans in Congress. Yes, Clinton had a disgusting affair with a 22-year-old White House intern, and he lied about it, but he lied to protect himself and his family, not to harm the country. Pushing the Clinton matter to the level of impeachment hurt the Republican Party, so Democratic leaders are cautious about going down that road again.

Their caution is sensible, but Trump might not be immunized from impeachment. The Mueller report, at first lauded and then condemned by Trump, did not exonerate the president. It revealed or confirmed a number of incidents that could be criminal misconduct, including obstruction of justice. Congress will investigate Trump’s finances, including the likelihood that his businesses violated the emoluments clause of the Constitution. The Mueller report may be only the beginning of a serious examination of Trump misconduct that could lead to impeachment.

Trump’s next test will likely be at the ballot box 18 months from now, not in an impeachment bill before Congress. Some have raised concerns that Trump might refuse to vacate his office if he is impeached or defeated at the polls. After all, he still contends, against all evidence, that he won the popular vote in 2016. His base of loyal, determined supporters likely will follow him down whatever road he takes. They have made it clear that they are loyal to Trump, not to the Constitution.

   In 2020 voters will choose whether to believe a president who dismisses as “fake news” anything that makes him look bad or fails to bolster his ego against someone (a candidate to be named later) who will promise a return to respect for federal agencies, institutions, laws and standards.




Hal Tarleton is a former editor of The Wilson Daily Times. Contact him at haltarleton@myglnc.com.
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