The Words on the Page

Screen Shot 2019-09-30 at 11.11.11 AM

David Frum, A Realist’s Guide to Impeachment: Trump should face the consequences of his misdeeds, but the road ahead is perilous.

Jeff Greenfield, 5 Ways Impeachment Could Play Out

Greg Sargent. Trump is cornered, and his ‘civil war’ threat stinks of panic

Jonathan Chait, Lindsey Graham Rests Entire Trump Defense on Word He Doesn’t Understand

The words on the paper that Trump released as an accurate account of his conversation with the president of Ukraine demonstrate a gross misuse of office.

The logical counter to the claim made in the previous sentence is to assert, “No, the words on the paper don’t show any such thing”—or, at the very least, to assert “The words on the paper are ambiguous, and there is a plausible implication that is different from your claim.”

It is Monday morning, Trump’s spokesbots have had a few days to think about their response, and their response is to run headlong away from the words on the paper Trump released. There is preliminary polling evidence that twenty percent of Republicans support the impeachment inquiry. Meanwhile, Trump is tweeting about inciting a civil war and arresting his accusers for treason.

In the piece cited above, Frum writes, “Nobody should have any illusions: Bringing anything like justice to President Trump will be neither easy nor safe. The exposure of Trump’s Ukraine extortion scheme forced impeachment on the country. It could not be ignored, and devices like censure are inadequate. But the days ahead are dark.” That seems a fair prognostication.

I think the four posts cited above are worth the reading, but please read for yourselves. I won’t discuss the substance of them. Instead, I want to set out some reflections on the first and second of Frum’s six suggestions, namely, “Keep the story simple” and “Be political, not legal.”

How to Defend Your Guy from Impeachment

There are four ways you can go.

One: he didn’t do it. In other words, you are drawing the wrong inference from the documents and testimony.

Two: he did it, but it was OK.

Three: he did it, and it wasn’t OK, but it wasn’t impeachable.

Four: stick your fingers in your ears and go “la la la la la.”

Defending Your Guy Against Impeachment—Some Examples

The Andrew Johnson impeachment illustrates argument two. He did violate the Tenure of Office Act, but the statute was unconstitutional. A rough analogy might be an article of impeachment based on Trump’s bogus “national emergency” declaration. It was illegal and wrong, but there’s enough legal confusion surrounding the issue to give Trump’s defenders a lot of wiggle room. So it would be a bad idea to include such a charge in the final articles of impeachment

The Clinton impeachment illustrates argument three. Yes, he lied under oath about sex, and yes, there might be some legitimate legal consequences that should flow from his perjury, but impeachment is not warranted. A rough analogy might be an article of impeachment based on Trump’s payment of hush money, just before the election, to a couple of well upholstered women of easy virtue. A lot of people would jump up and down charging the Democrats with hypocrisy for a sex-related allegation. So it would be a bad idea to. include such a charge.

As of this morning, it seems that some of Trump’s spokesbots are giving argument three a whirl, along the lines of, “there was nothing in the phone call that was impeachable.” But they’re coupling this argument with a manful refusal to face what was actually said in the call, as proved by the “transcript.” That would be the very same “transcript” Trump ordered released, in the delusion expectation that it would prove his innocence.

The Nixon near-impeachment illustrates the first argument. For quite a while, his defenders just tried to cover up the facts. But it didn’t work. And it never works—as long as there is an investigative body that is competent and determined.

OK, How Many Bad Acts Should be Charged in the Articles of Impeachment?

Good question. But it’s premature, so I won’t offer an answer. I will instead offer a blueprint on how to find the answer.

The key is to include only charges that can only be “refuted” by

  • denying the proven facts, or by
  • defending the indefensible.

The Ukraine scandal meets this test. Many others do not. Example: the charge of collusion with Russia in 2016 is factually complicated and murky. Example: the bogus “national emergency” to fund the Mexican wall is unconstitutional and contrary to our system of government. But the relevant statutory law is complicated, giving the Trump side the opportunity to make us all lose our way in the weeds. So leave it out.

The second key is to avoid accusing Trump of specific statutory crimes, and keep the focus on the overall concept of abuse of office. Impeachable offenses need not be statutory crimes, and statutory crimes need not be impeachable offenses.

What’s Left, Other Than Ukrainegate?

Three come to mind.

One, there is talk about how Trump may have actually said he was unconcerned about Russian electoral interference during his 2017 meeting with the Russian ambassador. If proved, I think that would fill the bill.

Two, if it can be proved by irrefutable evidence, misusing office for pecuniary gain would qualify.

Three, obstruction of Congress during the course of the impeachment inquiry would probably be on the list. (Prior numerous acts of obstruction should be impeachable in principle, but probably do not qualify for inclusion because of the legal quibbles that each obstructive act would engender. Keep it simple, stupid. Obstruction of the impeachment inquiry itself is a different breed of cat.)

So, How Many Articles Should There Be?

As many as meet the stringent tests I have laid out. If they fill the bill, put ‘em in. If not, leave ‘em out.

**

Greetings to today’s reader. The U.S. leads, followed in second place by Kenya, but with Canada in strong contention to overtake Kenya. Mauritius is in solid fourth place. Go Mauritius! Also in the running so far: Japan, Taiwan, the U.K., and Russia. HELLO VLADIMIR!