Showing posts with label impeachment. Show all posts
Showing posts with label impeachment. Show all posts

IMPEACHMENT: FOR EUROPEANS AND FOR AMERICANS WHO THINK THAT THEY KNOW BUT DON'T

Talk of the possibility of impeaching President Trump is in the news. As an expat living in France, I've had occasion to explain just what impeachment means and how it works to some of my European friends. For the curious among you, here's the down and dirty version.

There are two ways that the American Constitution provides for the removal from office of a duly elected, living President.

Amendment XXV of the Constitution was ratified about 50 years ago and cleans up a couple of lingering questions including the provision of a path for succession should a living President be unable to fulfill the duties of the office through illness or other circumstance. Although there are those who would declare Trump unfit under Amendment XXV, that's really not a serious possibility.

Impeachment, however, is a serious possibility these days. Written into the body of the Constitution is the following:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. 

Note the distinction between impeachment and conviction. Impeachment roughly corresponds to an indictment. The House of Representatives impeaches (indicts) through a majority vote and supplies the managers (prosecutors). The President (defendant) chooses his/her own counsel, not necessarily elected politicians. The Senate acts as the jury. The Chief Justice of the Supreme Court presides. A two-thirds vote of  the Senators present is required for conviction. The only penalty for conviction is removal from office.

Note the listed causes for impeachment. Treason and bribery speak for themselves. But what is the definition of a high crime or misdemeanor? In simple, real world terms, the answer to that question is that high crimes or misdemeanors are whatever the House says that they are. The history of Presidential impeachments is instructive in this regard.

Two Presidents have been impeached. Democrat Andrew Jackson was impeached by a Republican Congress in an egregious display of partisanship, primarily because of Jackson's refusal to adhere to a law, later deemed unconstitutional, designed to limit his Presidential power. He was acquitted by one vote on three of eleven articles of impeachment. Following the third acquittal, his trial was adjourned. Democrat Bill Clinton was impeached by a Republican Congress for lying under oath concerning his sexual activity with an intern and for attempting to obstruct the investigation. Neither of the two articles of impeachment managed to gain a clear majority of Senators, much less two-thirds.

It would not be a stretch to say that both impeachments were politically motivated and not based on circumstances that the Founders had in mind. But they were, nonetheless, legitimate. They followed form. There's a saying in American jurisprudence: A good prosecutor can convince a grand jury to indict a ham sandwich. Although a President is not a ham sandwich, the point is valid when it comes to impeachment. The House, sitting as a grand jury, can indict for whatever reason that it chooses.

Contrary to popular belief, Richard Nixon was not impeached, much less convicted. After the House Judiciary Committee passed articles of impeachment, it was clear that the House as a whole would vote to impeach, But it was not certain initially that the Senate would convict. After release of a particularly incriminating recording and after the Saturday Night Massacre (when Nixon fired high-level Justice Department officials who would not order an end to investigations), conviction in the Senate became a virtual certainty. Nixon resigned.

Can Trump be impeached? Certainly. Will he be impeached? Right now, that's an open question. I personally believe that he is most likely to be impeached if he continues to order that House subpoenas for testimony and documents be ignored. If that continues after a Supreme Court ruling against him, he most definitely will be impeached. If impeached, would he be convicted? Under that circumstance, defiance of a Supreme Court ruling, I have to believe that he will be. But we're not there yet. Like Speaker of the House Pelosi, my inclination is to go slowly and see if Trump obliges by putting the noose around his own neck.


IMMIGRATION, OBAMA, AND REPUBLICANS

I try not to comment on the politics of the moment too often. I abhor the effect of the HG Wells News Cycle, requiring analysis of events before they happen rather than after. And after an event, the floodgates open and we all drown in a tsunami of shouted opinions. Witness that today, two days after Obama's immigration speech, a Google search concerning the legality of Obama's proposed Executive Order on immigration law enforcement turns up over 15,600,000 results. Everybody has an opinion and everybody's opinion is on the interweb.

So who am I to buck that trend?

First of all, IMHO what Obama proposes to do is legal and not without precedent. Do the research and believe what you will. I go back to the actions of that darling of the Right, Ronald Reagan. You know, the guy who couldn't get elected dogcatcher as a Republican today. (He'd be swift-boated by conservatives in his own party.) Anyway, Reagan's Executive Order after the Congressional passage of immigration reform in 1986, the Order that extended the rights contained in that bill to the families of those who were eligible for legalization, directly contravened Congressional intent that was on the record and unequivocal. Congress had specifically excluded families. No question. Reagan thought that excluding families was unfair and so he included them by Presidential fiat. As did HW Bush subsequently.

Simple. Clear cut. Not debatable. But we're talking today about an action taken by Obama. So in the eyes of Congressional Republicans beholden to the fringe one-third of their party, Obama's actions are illegal, immoral, completely different than the actions of Reagan/Bush, and will lead to the decline of Western Civilization as we know it.

Speaking of the decline of Western Civilization for the moment, consider Congress. Surveys indicate that the American public has a higher opinion of cockroaches than they do of Congress. And Americans are more likely to invite a cockroach to dinner. So what are the stirrings that we hear from our newly minted Republican majority these days? Confrontation. Law suits. Even...yes...wait for
it...impeachment. Lessons of the past be damned. Government is the problem. We'll waste American's time and tax dollars. We'll shut the sucker down.

Incredible.

I wish that I could credit the commentator who pointed out that it is mind boggling that a black man with the middle name of Hussein thought that he had a chance to be elected President so soon after 9/11. Credulity strains to the max with the realization that he not only achieved his party's nomination, but that he actually became President.

How could anyone have thought that it could turn out well?


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