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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSusan Hennessey, Lawfare: The Mueller Report Demands an Impeachment Inquiry
https://www.lawfareblog.com/mueller-report-demands-impeachment-inquiryHere is, as Bill Barr might call it, the bottom line: The Mueller Report describes, in excruciating detail and with relatively few redactions, a candidate and a campaign aware of the existence of a plot by a hostile foreign government to criminally interfere in the U.S. election for the purpose of supporting that candidates side. It describes a candidate and a campaign who welcomed the efforts and delighted in the assistance. It describes a candidate and a campaign who brazenly and serially lied to the American people about the existence of the foreign conspiracy and their contacts with it. And yet, it does not find evidence to support a charge of criminal conspiracy, which requires not just a shared purpose but a meeting of the minds.
Here is the other bottom line: The Mueller Report describes a president who, on numerous occasions, engaged in conduct calculated to hinder a federal investigation. It finds ample evidence that at least a portion of that conduct met all of the statutory elements of criminal obstruction of justice. In some of the instances in which all of the statutory elements of obstruction are met, the report finds no persuasive constitutional or factual defenses. And yet, it declines to render a judgment on whether the president has committed a crime.
Now, the House must decide what to do with these facts. If it wants to actually confront the substance of the report, it will introduce a resolution to begin an impeachment inquiry.
So far, House members havent shown much appetite to do so. Republicans seem prepared to just put this unpleasantness behind themat least those who arent launching crusades to investigate the investigators. On the Democratic side, there is a clear reticence in the leadership to initiate impeachment proceedings that might politically backfire. House Majority Leader Steny Hoyer even suggested shortly after the report came out that his party should instead focus on the 2020 election, though he later walked those statements back. There are a few exceptionsfor example, Rep. Alexandria Ocasio-Cortez, who said shed sign onto a previously introduced impeachment resolution. And on the other side of the Hill, 2020 presidential candidate Sen. Elizabeth Warren declared that members of Congress should do their constitutional duty in initiating impeachment proceedings. But by and large the response has been muted.
The problem with this approach is that, under the current system, the options for checking a president who abuses his power to the degree that Trump has are functionally impeachment proceedings or nothing.
-snip-
Currently, there are bad incentives on both sides of the aisle. Republicans dont want to touch the matter because the president is a member of their party. His agenda aligns with theirs on many issues, and they fear angering his base in a way that might imperil their own reelection. Democrats, on the other hand, are worried that initiating impeachment proceedings will offer the president a rallying point for his base, and allow Republicans to paint them as fanatics out to get Trump at all costs. Besides, the thinking goes, Democratic base voters want to discuss policy issues that impact their lives, not perseverate on the many presidents sins.
The problem is that impeachment isnt a purely political matterthough certainly it is political in part. Its a constitutional expression of the separation of powers, of Congresss ability to check a chief executive overrunning the bounds of his power. Its also, under the OLC memo, the only release valve in the constitutional structure for the urgent and mounting pressure of an executive who may have committed serious wrongdoing. To say that the appropriate course is to simply wait for the next presidential election in 18 months, is to offer a judgment thateven in light of his conduct as described by MuellerTrump is not truly unfit for the office. It is to say he is no different from, say, Vice President Mike Pence, who would take his place, or any other Republican for that matter. It is to say that what matters is winning elections, even if it risks further institutional harms.
There is a danger to this mode of thinking, which is that Democrats should tolerate the institutional harms that would come from not initiating a serious impeachment inquiry because what really matters is winning the 2020 election. When you convince yourself that the best way to safeguard the republic is for your side to win, it gets tempting to tolerate all kinds of intolerable things. It is the precise calculus many congressional Republicans have made in supporting Trump despite his degradations of his office. The Constitution does not mandate that Congress initiate impeachment proceedings each time it is faced with an impeachable offensebut that doesnt let Congress off the hook in carrying out its constitutional responsibilities, either. Each member swears an oath to defend the Constitution and well and faithfully execute the duties of her office.
-snip-
The House judiciary committee would be charged with the responsibility of overseeing impeachment proceedings. But so far, Chairman Jerry Nadler has focused his energy on issuing subpoenas to the Justice Department in order to obtain the full, unredacted reportrequests that the Justice Department is now batting back, and which seem likely to lead to a protracted political fight between the department and Capitol Hill. Its all well and good for Congress to want to see an unredacted copy of the document Mueller put together. At this point, though, the decision to focus energy over redactions risks distracting from the devastating material already on the table. Its another variation of Congresss insistence on delaying any decision on impeachment until Mueller had issued his reporta way of kicking the can down the road and punting the hard decisions to a future date, this time to whenever the committee peels back the reports remaining redactions.
But Congress cannot forestall the inevitable forever. Eventually it will face the task the Constitution commits to the legislative branch, which is to render a judgment. In the wake of Mueller revelations, to not act is to accept the presidents conduct as tolerablebe it for 18 more months or four more years.
Here is the other bottom line: The Mueller Report describes a president who, on numerous occasions, engaged in conduct calculated to hinder a federal investigation. It finds ample evidence that at least a portion of that conduct met all of the statutory elements of criminal obstruction of justice. In some of the instances in which all of the statutory elements of obstruction are met, the report finds no persuasive constitutional or factual defenses. And yet, it declines to render a judgment on whether the president has committed a crime.
Now, the House must decide what to do with these facts. If it wants to actually confront the substance of the report, it will introduce a resolution to begin an impeachment inquiry.
So far, House members havent shown much appetite to do so. Republicans seem prepared to just put this unpleasantness behind themat least those who arent launching crusades to investigate the investigators. On the Democratic side, there is a clear reticence in the leadership to initiate impeachment proceedings that might politically backfire. House Majority Leader Steny Hoyer even suggested shortly after the report came out that his party should instead focus on the 2020 election, though he later walked those statements back. There are a few exceptionsfor example, Rep. Alexandria Ocasio-Cortez, who said shed sign onto a previously introduced impeachment resolution. And on the other side of the Hill, 2020 presidential candidate Sen. Elizabeth Warren declared that members of Congress should do their constitutional duty in initiating impeachment proceedings. But by and large the response has been muted.
The problem with this approach is that, under the current system, the options for checking a president who abuses his power to the degree that Trump has are functionally impeachment proceedings or nothing.
-snip-
Currently, there are bad incentives on both sides of the aisle. Republicans dont want to touch the matter because the president is a member of their party. His agenda aligns with theirs on many issues, and they fear angering his base in a way that might imperil their own reelection. Democrats, on the other hand, are worried that initiating impeachment proceedings will offer the president a rallying point for his base, and allow Republicans to paint them as fanatics out to get Trump at all costs. Besides, the thinking goes, Democratic base voters want to discuss policy issues that impact their lives, not perseverate on the many presidents sins.
The problem is that impeachment isnt a purely political matterthough certainly it is political in part. Its a constitutional expression of the separation of powers, of Congresss ability to check a chief executive overrunning the bounds of his power. Its also, under the OLC memo, the only release valve in the constitutional structure for the urgent and mounting pressure of an executive who may have committed serious wrongdoing. To say that the appropriate course is to simply wait for the next presidential election in 18 months, is to offer a judgment thateven in light of his conduct as described by MuellerTrump is not truly unfit for the office. It is to say he is no different from, say, Vice President Mike Pence, who would take his place, or any other Republican for that matter. It is to say that what matters is winning elections, even if it risks further institutional harms.
There is a danger to this mode of thinking, which is that Democrats should tolerate the institutional harms that would come from not initiating a serious impeachment inquiry because what really matters is winning the 2020 election. When you convince yourself that the best way to safeguard the republic is for your side to win, it gets tempting to tolerate all kinds of intolerable things. It is the precise calculus many congressional Republicans have made in supporting Trump despite his degradations of his office. The Constitution does not mandate that Congress initiate impeachment proceedings each time it is faced with an impeachable offensebut that doesnt let Congress off the hook in carrying out its constitutional responsibilities, either. Each member swears an oath to defend the Constitution and well and faithfully execute the duties of her office.
-snip-
The House judiciary committee would be charged with the responsibility of overseeing impeachment proceedings. But so far, Chairman Jerry Nadler has focused his energy on issuing subpoenas to the Justice Department in order to obtain the full, unredacted reportrequests that the Justice Department is now batting back, and which seem likely to lead to a protracted political fight between the department and Capitol Hill. Its all well and good for Congress to want to see an unredacted copy of the document Mueller put together. At this point, though, the decision to focus energy over redactions risks distracting from the devastating material already on the table. Its another variation of Congresss insistence on delaying any decision on impeachment until Mueller had issued his reporta way of kicking the can down the road and punting the hard decisions to a future date, this time to whenever the committee peels back the reports remaining redactions.
But Congress cannot forestall the inevitable forever. Eventually it will face the task the Constitution commits to the legislative branch, which is to render a judgment. In the wake of Mueller revelations, to not act is to accept the presidents conduct as tolerablebe it for 18 more months or four more years.
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Susan Hennessey, Lawfare: The Mueller Report Demands an Impeachment Inquiry (Original Post)
highplainsdem
Apr 2019
OP
moondust
(19,982 posts)1. One fact that may
make impeachment a little bit easier for some people to accept is the fact that Trump was NOT the choice of a majority of voters in 2016. He assumed the office only because the U.S. has a quasi-democratic system that uses a rigged electoral college to determine the outcome.
burrowowl
(17,641 posts)2. It sure does