Showing posts with label high crimes and misdemeanors. Show all posts
Showing posts with label high crimes and misdemeanors. Show all posts

Wednesday, November 20, 2019

Republicans Try to Ignore Sondland's Devastating Testimony

As The Hill notes, Kenneth Starr of Bill Clinton impeachment fame - or infamy depending on one's views - said that Ambassador Sondland's testimony today confirmed that (i) there was a quid pro quo between Trump's administration and the Ukrainian government — which would be "bribery," in the jargon of impeachment, and (ii) the orders to push Kyiv to open an investigation into Trump's political rivals had come directly from the Oval Office.  In the Watergate era, that would likely have been enough for Senate Republicans  of yesteryear to make a trip up Pennsylvania Avenue and tell Trump that it is time to resign.  Sadly, that was then and we are living in the now where the Republican Party of today is willing to run cover for and protect an occupant of the White House who operates as a crime boss and is only too willing to use bribery of a foreign power for his political gain.  A column in the Washington Post looks at the moral bankruptcy and willful blindness of Congressional Republicans.  Here are column excerpts:

Former White House counsel John Dean’s testimony before the Senate Watergate Committee beginning in June 1973 is widely seen as the beginning of the end of the Nixon presidency. Dean testified that he had told President Richard M. Nixon that Watergate was a “cancer growing on the presidency” and that the president had proceeded with the coverup nevertheless. Ambassador Gordon Sondland’s testimony on Wednesday before the House Intelligence Committee has been likened to Dean’s — and there is even a closer comparison, for good and ill, than most of those offering the analogy realize.
“Was there a ‘quid pro quo’?” Sondland said under oath. “With regard to the requested White House call and White House meeting, the answer is yes.” The sound you hear is Republican denials of a quid pro quo exploding. Sondland went on to say he was acting on “the president’s orders” in demanding that Ukraine announce an investigation of the company that employed Hunter Biden — although not to actually carry out the investigation. The distinction is significant because it undercuts the Republican conceit that Trump was genuinely interested in fighting corruption. In fact, he was only interested in damaging a potential political foe.
Sondland also destroyed the Republican cover story that he, former special envoy to Ukraine Kurt Volker and Energy Secretary Rick Perry (the so-called three amigos), were acting on their own to blackmail Ukraine. “Everyone was in the loop,” Sondland said, and he made clear that by “everyone” he meant not only the president but also Vice President Pence, Secretary of State Mike Pompeo, acting White House chief of staff Mick Mulvaney and former national security adviser John Bolton.
 If this were a movie, the next scene would be Trump resigning the presidency in disgrace. But real life doesn’t work like reel life. There was no sign of Republicans abandoning the president after Sondland’s blockbuster revelations. Republicans took great comfort in Sondland’s admission that “Trump never told me directly that the aid was conditioned on meetings,” even though he also said “it was abundantly clear there was a link” and no other credible explanation for the aid holdup has ever emerged. Republicans also continued to pretend that Trump did nothing wrong because, after the whistleblower came forward, Trump said, “I want nothing” and the aid to Ukraine — though not a White House meeting — was finally delivered. Republicans are convinced that 2+2=22. It was as though Republicans had demanded of Dean: Did you hear Nixon order the Watergate break-in? Did Nixon ever explicitly say that he wanted you to commit “obstruction of justice”? Did Nixon succeed in stopping the investigation? And then used Dean’s negative answers to exonerate Nixon. What we are learning is that it’s much easier to document a president’s crimes than to get his party to give a damn. Republican leaders finally told Nixon to resign in August 1974 only after the release of the “smoking gun” tape on which Nixon could be heard directing the coverup. This was an indirect result of Dean’s testimony: Dean had told lawmakers that Nixon might have tapes of his conversations and White House aide Alexander Butterfield had subsequently confirmed the existence of the taping system. Trump is almost entirely ignorant of history but knows enough not to tape his incriminating conversations — and he is wily enough not to flat-out tell his aides “I want you to break the law.” As Trump’s former lawyer Michael Cohen told Congress, Trump communicates in “code” like a mob boss to make his criminal intent clear.
In a sane world, Sondland’s testimony would have ended the Trump presidency. But Republicans have made clear that their devotion to Trump is irrational and, like other religious faiths, not subject to rational refutation.



Sunday, September 29, 2019

Editorial: President Trump Needs to Resign

The Connecticut Post editorial board has come out and demanded that Donald Trump resign from office based on his efforts to secure interference by a foreign government in the 2020 presidential election with the withholding of military aid as the lever to push the president of Ukraine to aid Trump in his personal re-election effort.  Part of the editorial states "He has repeatedly proven himself unfit for office and appears to view the presidency as a position meant to benefit himself personally, not as one that must represent the interests of an entire nation."  Trump cares about only himself and has the morality of a Mafia crime boss.  The piece makes clear that Trump's own release of a redacted transcript proves his unforgivable transgression. Here are highlights from the editorial:
Even given the incredibly fast pace of news in the Trump era, the speed with which the Ukraine scandal has moved from vague complaint to impeachable offense has been stunning. Though we’re still at the beginning of the process, there is already a mountain of evidence implicating President Donald Trump with conduct far outside the accepted norms of a democratic leader.
The most damning evidence came from [Trump] the president himself. It centers around a phone call with the president of Ukraine in which Trump raises the issue of investigating the son of presidential hopeful Joe Biden, and the implication of Trump’s words is clear as day. He asks for an investigation that would benefit him politically and has nothing to do with legitimate U.S. interests, and he brings it up repeatedly, including immediately upon the Ukrainian president mentioning the need for U.S. security aid.
This is an impeachable offense. Republicans spent Wednesday arguing there was no explicit quid pro quo, but there is seemingly no line the president can cross that would inspire them to put the public good ahead of politics. House Speaker Nancy Pelosi, joined by the entirety of Connecticut’s congressional delegation, has called for impeachment proceedings, and that process must now begin in earnest.
The proper next step for the president is clear. He should resign. He has repeatedly proven himself unfit for office and appears to view the presidency as a position meant to benefit himself personally, not as one that must represent the interests of an entire nation.
Because there’s almost no chance he is going to step down, Congress’ work becomes that much more vital.
The truth is that Trump has been breaking laws and norms with impunity from the beginning. For instance, the U.S. Constitution forbids federal officeholders from receiving any gifts or payments from foreign entities, but in the same phone call with the Ukrainian president we see evidence that Trump is in violation. “I stayed at the Trump Tower,” President Volodymyr Zelensky says of his last trip to the U.S. Since Trump never divested himself from his business and continues to profit from it, he’s in violation of the Constitution’s emoluments clause, according to many legal scholars, and it’s just one of countless examples on that score.
It’s not clear how much worse the Ukraine scandal will get. The summary of the phone call was released by the White House without need for a subpoena, but it is apparently abridged and does not represent all the whistleblower complaint that set the issue in motion. It’s easy to imagine that what we don’t know could be much worse than what we do.
But what we know is enough, and because it’s from [Trump] the president himself, there’s no reason to question its veracity. There’s no going back from here. The long, bumpy ride of the Trump era may have turned a corner, but it’s nowhere near over.

Friday, September 27, 2019

Voters Are Warming to Impeaching Trump

Perhaps Trump fatigue is finally taking hold or perhaps the Ukrainian shakedown and requests for yet another foreign intervention into U.S. elections has awakened the heretofore lethargic, but two polls suggest that a plurality of Americans support seeing Trump impeached and ultimately removed from office.  One can only wonder if support for impeachment will grow if Democrats are smart in how they conduct hearings and properly expose Trump's criminality and abuse of his office for personal gain with no thought about the best interests of the nation (in Trump's narcissistic mind, the two are one and the same much like dictators and despots of the past).  Whatever the cause for growing support for impeachment, it is seemingly a good sign that decency and a thirst for honesty are not totally dead in today's America.  A piece in New York Magazine looks at this shift in voter opinion.  Here are excerpts:
Two new polls suggest that American voters are warming to the idea of impeaching President Trump. According to a Morning Consult poll conducted from September 24 to 26, 43 percent of the public now backs impeachment proceedings. That figure has increased seven points from an earlier Morning Consult poll, carried out from September 20 to 22. Meanwhile, an NPR–PBS NewsHour–Marist poll, conducted the day before the whistle-blower report became public, finds that voters are roughly split on the subject; 49 percent support impeachment, and 46 percent do not.
One possible reason for the increase in public support for impeachment is so obvious it almost doesn’t need an explanation. Trump is not having a very good week: As a call record and now a declassified whistle-blower report attest, Trump asked the president of Ukraine, Volodymyr Zelensky, to investigate the son of a political enemy — Hunter Biden — with the assistance of the Justice Department and Rudy Giuliani. Trump later tried to withhold military aid from Ukraine. The unspooling crisis encourages talk of impeachment, and a number of House Democrats have come out in support of beginning the process.
By now throwing her support behind an impeachment inquiry, House Speaker Nancy Pelosi has helped shift public opinion in tandem with media coverage of Trump’s misconduct. But she is an extremely late convert to the cause of impeachment, despite the president’s corruption and alleged sexual violence. Her ambivalence provided shelter to more moderate and conservative members of the party, who think an impeachment inquiry would cost them their seats. Whether these members will follow Pelosi’s lead is an open question.
Though no one can say with certainty that voter enthusiasm for impeachment will continue to grow, the president’s handling of the Ukraine scandal has clearly harmed him. A good number of Democrats already seem to realize that the story leaves them with no option but to endorse impeachment proceedings.
But there are still stragglers. Some, like conservative Henry Cuellar of Texas, equivocated even as evidence of presidential misconduct became increasingly difficult to ignore. Cuellar, who is currently locked in a primary battle with progressive challenger Jessica Cisneros, has said that he’ll support proceedings “if investigations prove that impeachment is the necessary course of action,” the Texas Tribune reports.
The events of this month make Tlaib look prescient and underscore the risks of the party’s fearful approach to impeachment. We’ve been here before: Morning Consult says that this month’s poll numbers “nearly match” its findings in August 2018, amid the convictions of Paul Manafort and Michael Cohen. Public opinion is malleable, but Democrats behave too often as if the opposite is true. The window is open, and they can’t afford their old ambivalence.
One can only hope Congressional Democrats are re-watching the tapes from the Watergate investigation and formulating an approach that will convince all but the racists and religious fanatics of Trump's base that it is time for the cancer in the White House to be removed.

Thursday, August 23, 2018

A Conservative Argues for Trump's Impeachment


I make no bones about the fact that I loath Donald Trump.  To me, he embodies everything one should NOT want one's children or grandchildren to be - I shudder what my impressionable grandchildren are being exposed to.  As an attorney of over 40 years, I also have respect for the rule of law and believe that oaths of office - such as every member of Congress takes - actually mean something.  Sadly, most Congressional Republicans are making a mockery of both the law and their oaths of office as they place party fealty and short term political advantage over the Constitution and the good of the nation. Some conservatives have belatedly come to see that the only way to restore accountability and to protect the national interest is to work for massive Democrat victories in November.  Others, are slowly coming to the conclusion that impeachment of Donald Trump is in order (although the prospect of a president Mike "Christian Taliban" Pence is equally terrifying).  A column in the New York Times by a long time conservative makes the argument of why it is time to consider the impeachment of Trump and his removal from office.  Here are excerpts:

For all of my opposition to Donald Trump, I have long been skeptical of the political wisdom or evidentiary basis of efforts to impeach him.
My reasons: First, being a terrible president and a wretched person are not impeachable offenses. Second, Robert Mueller’s investigation has so far produced evidence that can be interpreted as obstruction of justice, but not as clear proof. Third, impeachment in the House would be unlikely to translate into conviction in the Senate, even if Democrats win both chambers in the fall. Fourth, impeachment without conviction could strengthen Trump politically, much as it did for Bill Clinton after his own 1998 impeachment.
At least that was my view until this week. Michael Cohen’s guilty plea changes this. The Constitution’s standard for impeachment is “Treason, Bribery, or other high Crimes and Misdemeanors.” The standard is now met.
Trump’s longtime fixer acknowledged in court on Tuesday that he violated campaign finance laws by paying hush money to two women “in coordination with and at the direction of a candidate for federal office.” That means Trump. That means that, as a candidate, Trump is credibly alleged to have purposefully conspired with Cohen to commit criminal acts. That means the duo did so “for purposes of influencing [an] election for Federal office,” which is the legal definition of a campaign contribution.
It also means that, as president, Trump allegedly sought to conceal the arrangement by failing to note in his 2017 financial disclosure forms his reimbursements to Cohen. [Trump] The president most likely continues to lie to the American people about the nature and purpose of those payments.
The Trumpian rebuttal to these charges is that Cohen is a sleazy lawyer and proven liar. . . . . But if Cohen’s lies as Trump’s lawyer are one thing, lying under oath to a federal judge is quite another. Cohen’s sentencing isn’t until December, when he’s expected to be sent to prison for up to five years. If he’s being untruthful, that leaves plenty of time for any deceits to come to light. Ask yourself: Does he [Cohen] look like a guy eager to have his sentence doubled?
In Trump’s case, there is little doubt about the purpose of the payment to Stormy Daniels: To prevent disclosure of their alleged liaison, less than a month before the election and barely two weeks after the Access Hollywood tape came to light.
To suggest that this doesn’t amount to a felonious act also doesn’t pass the smell test. The president is now, in effect, an unindicted co-conspirator on charges already prosecuted by the government as a criminal matter against Cohen. Why should a lighter standard apply to Trump, since he’s the one at whose direction Cohen claims to have carried out the payments?
That question should especially engage those conservatives who demanded Clinton’s impeachment (as I did). Take South Carolina’s Lindsey Graham, one of the House managers overseeing the case against the 42nd president.
“Twenty-five years ago,” he said that December, “a Democratic-controlled judiciary committee, with a minority of Republicans, reported articles of impeachment against Richard Nixon. Why? Nixon cheated — he cheated the electoral system by concealing efforts of a political break-in, and his people thought the other side deserved to be cheated. They thought his enemies deserved to be mistreated. Ladies and gentlemen, they were wrong.”
He continued: “Today, Republicans, with a small handful of Democrats, will vote to impeach President Clinton. Why? Because we believe he committed crimes resulting in cheating our legal system. We believe he lied under oath numerous times, that he tampered with evidence, that he conspired to present false testimony to a court of law. We believe he assaulted our legal system in every way. Let it be said that any president who cheats our institutions shall be impeached.”
The emphases here are mine. To conservatives reading this column, ask yourselves the following questions:
If breaking the law (by lying under oath) to conceal an affair was impeachable, why is breaking the law (by violating campaign-finance laws) to conceal an affair not impeachable?
If cheating “our institutions” (by means of an “assault” in “every way” on the legal system) is impeachable, why is cheating those institutions (by means of nonstop presidential mendacity and relentless attacks on the Justice Department and the F.B.I.) not impeachable?
Pragmatists will rejoin that there’s no sense in advocating impeachment when the G.O.P. controls Congress. I’m sorry that so many congressional Republicans have lost their sense of moral principle and institutional self-respect, but that’s a reason to seek Democratic victories in the fall. The Constitution matters more than a tax cut. What the Constitution demands is the impeachment and removal from office of this lawless president.

Wednesday, May 30, 2018

Sessions Is A Key Witness In Mueller Probe


A piece in the New York Times sheds light on why Donald Trump, a/k/a Der Trumpenführer, has been so obsessed with either (i) getting Attorney General Jeff Sessions to reverse his recusal of himself from the Russiagate investigation, or (ii) firing Sessions so that he can appoint a new attorney general who will do Trump's bidding to torpedo and kill the Russiagate investigation. More importantly, the piece suggests that Jeff Sessions may be a principal witness for special prosecutor Robert Mueller.   What would Sessions testify about?  Although not stated in the piece, Mueller most likely wants to know about Trump's demands for loyalty and demands that the investigation of Trump and his co-conspirators killed.  All in all, it is part of the overall obstruction of justice agenda of Trump regardless of the efforts of Vichy Republicans and seeming Russian operatives like Devin Nunes to provide cover for Trump.  Here are article highlights:

By the time Attorney General Jeff Sessions arrived at President Trump’s Mar-a-Lago resort for dinner one Saturday evening in March 2017, he had been receiving the presidential silent treatment for two days. Mr. Sessions had flown to Florida because Mr. Trump was refusing to take his calls about a pressing decision on his travel ban.
When they met, Mr. Trump was ready to talk — but not about the travel ban. His grievance was with Mr. Sessions: The president objected to his decision to recuse himself from the Russia investigation. Mr. Trump, who had told aides that he needed a loyalist overseeing the inquiry, berated Mr. Sessions and told him he should reverse his decision, an unusual and potentially inappropriate request.
Mr. Sessions refused.
The confrontation, which has not been previously reported, is being investigated by the special counsel, Robert S. Mueller III, as are the president’s public and private attacks on Mr. Sessions and efforts to get him to resign. Mr. Trump dwelled on the recusal for months, according to confidants and current and former administration officials who described his behavior toward the attorney general.
The special counsel’s interest demonstrates Mr. Sessions’s overlooked role as a key witness in the investigation into whether Mr. Trump tried to obstruct the inquiry itself. It also suggests that the obstruction investigation is broader than it is widely understood to be — encompassing not only the president’s interactions with and firing of the former F.B.I. director, James B. Comey, but also his relationship with Mr. Sessions.
Investigators have pressed current and former White House officials about Mr. Trump’s treatment of Mr. Sessions and whether they believe [Trump] the president was trying to impede the Russia investigation by pressuring him. The attorney general was also interviewed at length by Mr. Mueller’s investigators in January. And of the four dozen or so questions Mr. Mueller wants to ask Mr. Trump, eight relate to Mr. Sessions. Among them: What efforts did you make to try to get him to reverse his recusal? To [Trump] the president, no decision has proved more devastating during his time in office than Mr. Sessions’s recusal. In Mr. Trump’s view, Mr. Sessions, who had been one of his closest political allies and earliest prominent supporter in Washington, never would have appointed a special counsel, as the deputy attorney general, Rod J. Rosenstein, did last May after the president abruptly fired Mr. Comey. Trump complains to friends about how much he would like to get rid of Mr. Sessions but has demurred under pressure from Senate Republicans who have indicated they would not confirm a new attorney general. Pressure on Mr. Sessions to step aside from the Russia investigation began building almost as soon as he took office, culminating in a Washington Post report on March 1 that he had not been forthcoming during his Senate confirmation hearing about his contacts with Russian officials during the campaign. Career lawyers at the Justice Department had advised Mr. Sessions to step aside, citing ethics guidelines about impartiality and his role as a prominent supporter of the Trump campaign. To Justice Department officials close to Mr. Sessions, the request by the president made through Mr. McGahn was inappropriate, particularly because it was clear to them that Mr. Sessions had to step aside. After Mr. Sessions told Mr. McGahn that he would follow the Justice Department lawyers’ advice to recuse himself from all matters related to the election, Mr. McGahn backed down. Mr. Sessions recused himself on March 2. When Mr. Trump learned of the recusal, he asked advisers whether the decision could be reversed, according to people briefed on the matter. Told no, Mr. Trump argued that Eric H. Holder Jr., President Barack Obama’s first attorney general, would never have recused himself from a case that threatened to tarnish Mr. Obama. [Trump] The president said he expected the same loyalty from Mr. Sessions. [E]xperts said they could think of no instance in which a prosecutor stepped aside from a case in circumstances similar to Mr. Sessions’s. Justice Department guidelines on recusal are in place to prevent the sort of political meddling the president tried to engage in, they said. Unnerved and convinced the president wanted to install a new attorney general who could oversee the Russia investigation, Mr. Priebus called Mr. Sessions’s chief of staff at the time, Jody Hunt, who said that [Trump] the president would have to ask Mr. Sessions himself to resign. Unsure how to proceed, Mr. Priebus simply waited out the president, who never called Mr. Sessions but did attack him that week on Twitter. Days later, Mr. Priebus was out as chief of staff. The special counsel has told [Trump's] the president’s lawyers that he wants to ask Mr. Trump about those discussions with Mr. Priebus and why he publicly criticized Mr. Sessions.
Mr. Trump brought up the recusal again with associates later last year, expressing a desire for Mr. Sessions to reassert control over an investigation that has since resulted in the indictment of his former campaign chairman and guilty pleas by two other campaign aides and his former national security adviser.
I have little regard for Sessions, but I hape Sessions worries more about how history will view him and does the right thing even if that means throwing Trump fully under the bus.