Point of View Columns

Don’t Believe Your Lying Eyes

It is a crystal clear fact that by now the question is no longer could or should Donald Trump be impeached. The only question is whether he will be impeached as the known facts give a sufficient basis for impeachment, even in this highly partisan political universe in which we live.

We have heard Trump supporters such as Senator Marco Rubio proclaim that Trump was just joking when he publicly asked the Chinese government to investigate Joe Biden and his son. And the only response that might even be remotely useful is to ask those supporters to turn back the hands of time to 2015 and to consider their response if President Barack Obama had publicly asked the Chinese government to investigate Mitt Romney and his many sons.

Not that logic has a place at the table these days, but it is simply impossible to imagine any president of the United States, from the hapless Warren G. Harding to the racist and hate-soaked Andrew Johnson to the venal Richard Nixon, who on their worst day would not have asked a foreign nation to assist them in their reelection efforts – much less to “find dirt” on them. And it is a sad but true commentary on the times in which we live that there is even a conversation as to whether Trump’s ham handed attempts at international electoral intrigue are objectionable and impeachable – of course they are.

The real question now is whether institutions established over two centuries ago will withstand the stress test of a President of the United States – and his enablers – who simply refuses to accept or respect the legitimacy of these institutions. The further test is whether norms and protocols of conduct not necessarily set forth in the Constitution will have any future meaning or value if Trump can simply wipe his considerable feet and tiny hands on them without any consequence.

It is clear that at this point in time that Trump feels that he need not treat Congress as a branch of government co-equal to that of the Executive branch. If he can ignore a valid subpoena from Congress without obtaining some kind of judicial approbation, then he is literally declaring the supremacy of the presidency over both the judicial and legislative branches of the federal government. And this, it should be pointed out, is exactly what the framers of the Constitution sought to avoid.

But we are now long past the time for debating how many so-called Founding Fathers can stand on the head of a pin. Now that Trump has defied Congress and will not cooperate with the impeachment inquiry, Congress really has no way to enforce any aspect of its impeachment inquiry except by going to the Supreme Court.

If the majority of the Supreme Court – including recent Trump appointees Gorsuch and Kavanaugh – stay true to their political DNA Congress and the people who elected its members will continue to be stonewalled by the Trump White House and any subsequent impeachment action will be diminished. If the Supreme Court supports Congress the question still stands – how will the Constitution and the norms and protocols of the American government be enforced when the president simply refuses to acknowledge the legitimacy of the Constitution and those norms and protocols?

We are literally at the precipice of an unprecedented constitutional crisis that, if not resolved soon, can end very badly for this country.

The danger is clear and present.

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Point of View Columns

Prelude to Impeachment

Since the evening of the  very day day he was inaugurated as President of the United States on January 19, 2009, the opposition to Barack Obama has sought to delegitimize his presidency, obstruct his administration all the while dismissing his achievements and exaggerating his missteps. The results have been mixed. President Obama was reelected by a sizeable vote in 20012. Today his poll numbers are at an all-time low. On the Planet Teapublican that means it is time to play the Impeachment Card.

Only two American presidents have been impeached – Andrew Johnson and Bill Clinton (Richard Nixon narrowly escaped almost certain impeachment and subsequent conviction by resigning and fleeing the White House in disgrace). It is worth noting that neither impeachment resulted in conviction, leading to the slightly obvious conclusion that these proceedings were politically motivated rather than being inspired by actual “high crimes and misdemeanors”.

The politically charged atmosphere of the Obama Administration where the clouds of  negative ions are almost visible, it should come as no surprise that Teapublicans are feeling more empowered to use the “I” word every day. Of course it is hard to bring impeachment proceedings just because his very presence in the White House offends the racial and political sensibilities of his opposition. That is where the Prelude to Impeachment becomes a part of the always rickety and forever bizarre Teapublican strategy.

While highly respected constitutional scholars like Sarah Palin and Darrell Issa have opined that there are already grounds to impeach President Obama, House Speaker John Boehner has settled on a game plan that begins with the House of Representatives filing a lawsuit against the president. The basis for this lawsuit appears to center around the use of executive orders and the president exercising his discretion in the face of historic Congressional inaction.

It must be noted that lawsuits have been filed by Congress against the President in years past. But this planned lawsuit must be seen within the context of a six year campaign to get Barack Obama out of the White House by any means necessary.

The “birther” mania, while brainless and idiotic, was given CPR and mouth to mouth resuscitation through nuance, implication and inference by the likes of John Boehner, Mitt Romney and other “serious Teapublicans”, to say nothing of the braying of Donald Trump, the screeching of Sarah Palin and the caterwauling of Michele Bachmann. Even the dimmest of these dim bulbs have always known that the “birther” strategy was not going to work, but it represented a few grains of hope on the hard scrabble earth of truth and reality.

Now there is some real sustenance for the meat eaters on the right. A lawsuit sounds sane and reasonable and it involves real lawyers and real judges – nothing nutty like questioning the provenance of a birth certificate. A lawsuit by the United States Congress sounds reality-based and if it wasn’t in the sixth year of the Obama Era, it might possible that there would be a credible basis for legal action.

But this is the sixth year of the Obama Era and it is hard to separate the delegitimizing efforts of these six years from this proposed lawsuit. The fact that law school professors and other “scholars” have supported the notion of this lawsuit misses the point.

The proposed lawsuit is a clear Prelude to Impeachment. The Teapublican strategy can be described as follows:
1. File a lawsuit against President Obama claiming that he has overstepped his constitutional boundaries.
2. Tie up the Obama Administration and the media attention for the next few months.
3. Await the 2014 election results.
4. Regardless results of the election and the lawsuit commence impeachment proceedings in 2015.
5. Tie up the Obama Administration and media attention for all of 2015.
6. Even with the likely event that President Obama will not be convicted even if he is impeached, leave President Obama as the lamest of lame ducks in 2016 with his legacy forever tarnished.

This is the Teapublican strategy which, if you will notice, does nothing to address the economy, the environment, the infrastructure, immigration reform or healthcare. All that this strategy represents is the last major assault by the Teapublicans against President Obama. A last gasp, if you will.

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