Speaker of the House,
Nancy Pelosi, and congressional Democrats made a risky decision to build only two articles of impeachment based on one cumulative event. I cautioned about this before in my recent post
titled “Presidents Are Not Kings”, saying:
“While it
is believable that simple and clearly defined charges related to one instance
of ‘high crime’ will be more understandable to the average voter, the Democrats
missed the point that such simplicity under constant attack by emotional rantings and
confusing conspiracy theories might leave the average voter with a SO WHAT? (see next-to-last post by that title) attitude
that could carry the day in November of 2020.
“What is
missing are charges that demonstrate the breadth and depth of the criminality
of this excuse for a president. For
instance, why is the separation of children from their families at our southern
border, and subsequent mistreatment of them, not part of ‘abuse of power?’ It is a charge that voters would quickly
understand as they already have in their past negative reactions forcing the
administration to take some corrective action.
The actions of the president and his administrators (constitute) child
abuse by responsible caretakers (see my posts of 10/10/2017, 6/19/2018 and
7/6/2019) . It was a clear abuse of
power and a clear instance of a charge that disturbed people greatly. The
Ukraine incident does not show a PATTERN of actions that exemplifies the depth
of this president’s corruption.”
Another factor about the
electorate that the Democrats seem to have missed is that a sizable number of
American voters often allow a candidate a bit of slack if they think that the
“offense” is a one-time occurrence. And,
that is why I stated in my posting of 11/3/2019 titled “The Gravity of
Depravity” that:
“It is of
major importance for impeachment charges to be brought that show a PATTERN of
offenses that also speaks to intent.
That is what the Mueller Report tried to do in relation to obstruction
of justice, but it was blunted by the way in which that report was presented to
the viewing public.
“Thus, we
are left with two articles of impeachment which will not sway many minds toward
ouster of this imperial president. As he
has done all his business life, Trump will once again escape accountability for
his actions by using strategies such as the Big Lie, perverse propaganda,
politicizing the courts, and capturing the fawning loyalty of believers in his
decadent agenda and his scurrilous ambitions.”
“What I
propose is that several charges of impeachment be brought indicating the
pattern of criminality that this man has wrought. Show the depth of his depravity, and the
gravity of his lawlessness. Help the
public understand that this is someone who poses a threat to our national
security and to our very uniqueness as a representative democracy.
“He has
committed high crimes and misdemeanors of all sorts and they should not be
minimized. Together they paint the
picture of a criminal mind and despotic character who is intent on destroying
democratic values in order to promote the unlimited authority of a rogue
president.”
Here is just a sample of what might be
included (sources for some of these elements, include the Washington
Post and NBC News).
In
opposition to the untruth sponsored by Republicans, it is important to
emphasize here that impeachment does not require breaking of a law. “High Crimes and Misdemeanors” does not refer
to the breaking of laws but to behavior/acts that rise to the level of abuse of
the presidential oath and the responsibility of the President “to see that the
laws are faithfully executed.”
1) Violations of the Emoluments Clause (Article
I, Sec. 9; Article II, Sec. 1)
2) Conflicts of interest
The
director of the US Office of Government Ethics tried to get Trump to divest
from his business interests to avoid such conflicts, but Trump refused.
Director Walter Shaub, Jr. saw so many Trump ethics violations and conflicts of
interest that he ultimately resigned in protest.
NPR.org
mentions that “Ethics experts have criticized his frequent taxpayer-funded
trips to his own hotels and golf courses, which give the properties free
publicity. Watchdog groups have filed lawsuits alleging violations of
anti-corruption provisions in the U.S. Constitution. Questions continue to be
raised about the influence of Trump's financial interests overseas on his
foreign policy decisions.
3) Obstruction of Justice
· The Mueller Report citations ranged “from
efforts to remove the Special Counsel and to reverse the effect of the Attorney
General’s recusal; to the attempted use of official power to limit the scope of
the investigation; to direct and indirect contacts with witnesses with the
potential to influence their testimony.” (npr.org)
4) Abuse of Power
· abuse of
children (a felony) at the southern border; denial of adequate budgetary and
other protections for children’s health and well-being
·
abuse of
immigrants
·
discrimination
against a religious group (Islam)
·
delay and
denial of amnesty (a universal agreed-upon human right)
·
attempt to
deport those here for special medical treatment thus threatening their lives
·
separation of
families by deportation orders
·
abuse of
women, union workers, LBGTQ community, and anyone who criticizes or opposes
him, including the media
·
appointment of
family members to WH positions and usurpation of security clearance and
classification
·
Impoundment or
movement of funds in violation of congressional appropriation for specific uses
5) Violations of Campaign Finance Laws
During
the 2016 campaign, Trump had his lawyer make illegal hush-money payments to
porn star Stormy Daniels to cover up their sexual relationship, then Trump and
his lawyer lied about it. This is a blatant violation of campaign finance laws.
And, there are other violations for which some administration appointees have been
disciplined or punished.
6) Financial Activities that may Include
laundering, bribery, non-payment of taxes, acting as an agent for other governments. We do not have a lot of detail about this
aspect, but we do know that the U.S. Attorney for the Southern District of New
York continues to investigate charges, such as “falsification of financial
worth and tax amounts owed.”
Believing two articles of
impeachment built around one cumulative event would keep people informed and interested
is like thinking that the Mueller report made public before a congressional
committee would excite the people. (On what data did they base that belief?)
Given the percentages of voter turnout for most general elections, it appears
that a large plurality of citizens are not excited about being informed
and interested. Adding unimaginative
presentation to the mix certainly did not enhance the prospect of excitement
being generated.
What it did do was to
offer a way for Republicans to blunt both the Mueller Report and the
impeachment process, as well as the impeachment charges. Since the Republicans essentially spelled-out
for the Democrats how they would create confusion and chaos about the process
and the “flimsy” charges in a letter to Speaker Pelosi from White House lawyer
Pat Cipolone dated October 8, 2019, it
seems foolhardy for the Democrats to have
continued with the one event/two articles strategy. But they did; and now face a Senate trial
that has little to no chance of presenting the depth of the impeachable
behavior of this excuse for a President, no matter how many new pieces of email
become available.
Thus, not only will the
House Democrats lose the trial in the Senate, they will have failed to enumerate
and inculcate the broad array of charges that could have educated the public while also serving to indict on the broad-based offenses of this so-called president. Trump will simply propagandize his “not-guilty” (or “non-ouster”) result as complete exoneration along with a charge of defeat for ‘do-nothing Democrats'. Placed in tandem with his
supposed record-breaking economic indicators – plus rigging of the election
process in 2020 (already begun) -- Trump may very well eke out another four-year
term.
What we needed all along was
the establishment of a pattern of high crimes and misdemeanors (some listed above) under a list of charges (including
financial misconduct) that would have unquestionably shown a pattern that
existed from the beginning of this presidency, and which also preceded it. More importantly, such a strategy would have
cemented the concept that further tolerance of this pattern constituted more than
a measurable threat to this nation and its Constitution. Establishing that concept using this one
instance connected with Ukraine is not viable. It simply will not fly and has already given Republican sycophants the ammunition they require to make Democrats look even more
like the over-turners of the 2016 elections they have been accused of being.
So, what are we left with
after the Senate trial is over? Some possibilities
for consideration:
- continue using oversight to investigate presidential abuse of power
- using the power of censure that does not require Senate approval, have the House censure Donald Trump for the wrongs he has committed
- supporting further investigation of Trump’s wrongdoing, especially the efforts of the New York southern district in their examination of financial matters
- start working vigorously on the 2020 election, preparing to register new voters, galvanizing the support of young people both in and out of college, going after voters who are usually ignored or forgotten, like: those who are homeless, those who live in poverty, those who rarely vote, new citizens, and those who live in rural areas.
- get national and State workers from the DNC and the DCCC (and non-profit organizations) into support roles on-the-ground in critical electoral districts;
- of crucial importance to the outcome of this 2020 election are voters within minority groups: African Americans, Hispanic/Latino Americans, Asian Americans, Native Americans, etc. Each of these communities contains natural and elected leadership which must be supported in their efforts. National and State Democratic organizations must see to it that such support is given, and that, importantly, ongoing future support of the members of these communities is clear, precise, and spelled-out in actions to be taken.
In other
words, it is advisable for national and state Party leaders to meet with
leaders (and others) from minority communities to solicit their input on what
is needed in terms of resources and training, how people see their roles in
this election and in the future, and what is needed to
address community needs on an on-going basis.
We will not win removal of
Donald Trump from office in the Senate trial as things stand right now. Thus, our attention must turn to winning back
the majority in that body. It is not
enough just to beat Trump – we must defeat the men and women who have supported
him no matter what he has done. We must
look at certain Senate seats (and maybe all of them) as national elections, not
just state elections. As we have seen, a
Republican-controlled Senate has blocked national legislation and taken other
actions that threaten our defense and our freedom -- like hijacking middle-class
tax payments as subsidies for the rich or approving judicial appointments of Trump
loyalists (some of whom were deemed unacceptable by the ABA).
If the Senate stays in
Republican hands, national health care, a national emergency approach to
climate change, comprehensive immigration and naturalization reform, attention
to crumbling infrastructure, attention to the legitimate social welfare needs of
millions, plus our defense and safety as to guns, food, water, air, regional
conflicts, (and much more) will be devastated.
Our national life and our
individual lives are at stake if the Senate remains in the do-nothing,
hypocritical, conspiratorial hands of Republicans. Democrats and Independents must unite and
individually send monetary, technical and logistical support (if possible) to Democrats
and Independents in places like Kentucky, Alabama, South Carolina. It is critical that we restore the integrity
of the Senate, and we can’t unless we treat every open Senate seat as a
national as much as a state contest.
This is not a normal
election in 2020; it is a crucial election to determine Who We Are? What We Are Meant to Do Now and Where We Want
to Go In the Future? Those fundamental
questions were addressed by our Founders in our Constitution and we were given
a legacy that will endure only if we maintain a strong central government, apply
proper reforms and maintain an ever-broadening perspective of equality and
justice.
Our duty is to defend that
Constitution, and to uphold our democratic and humanitarian values; not to
defend corrupt or malignant officeholders.
We approach an election where the answers to those fundamental questions
have been squelched by lies and false narratives known as conspiracy
theories. Proposed answers are skewed
along authoritarian lines that ask us to follow with blind obedience and
loyalty what the leader (Fuhrer) says and does.
If you’re anything like
me, you never expected to have to deal with such propaganda and with the overt
destruction of our constitution and our government, so reminiscent of the
scourge of European fascism in the 1930s and ‘40s.
Our cherished
Constitutional Republic and representative democracy is under siege and being
threatened. Impeachment is not the end
of resistance. We must continue to
engage by making this 2020 election speak louder than ‘normal’ and in the
clearest terms:
DONALD
TRUMP MUST GO
along with HIS PUPPETS in
CONGRESS!
