Talk Of Impeachment From The Brookings Institution, A Democratic Congressman, And A Major Democratic Donor

There has been talk of possible impeachment of Donald Trump starting even before he took office, but the topic seems to be coming up more this week, along with reports of a dysfunctional White House. Yesterday the Brookings Institution released a report on the obstruction of justice by Donald Trump. Following is from the Executive Summary, raising the question of impeachment but leaving it as premature pending the outcome of Robert Mueller’s investigation:

There are significant questions as to whether President Trump obstructed justice. We do not yet know all the relevant facts, and any final determination must await further investigation, including by Special Counsel Robert Mueller. But the public record contains substantial evidence that President Trump attempted to impede the investigations of Michael Flynn and Russian interference in the 2016 presidential election, including by firing FBI Director James Comey. There is also a question as to whether President Trump conspired to obstruct justice with senior members of his administration although the public facts regarding conspiracy are less well developed.

Attempts to stop an investigation represent a common form of obstruction. Demanding the loyalty of an individual involved in an investigation, requesting that individual’s help to end the investigation, and then ultimately firing that person to accomplish that goal are the type of acts that have frequently resulted in obstruction convictions, as we detail. In addition, to the extent conduct could be characterized as threatening, intimidating, or corruptly persuading witnesses, that too may provide additional grounds for obstruction charges.

…Special Counsel Mueller will have several options when his investigation is complete. He could refer the case to Congress, most likely by asking the grand jury and the court supervising it to transmit a report to the House Judiciary Committee. That is how the Watergate Special Prosecutor coordinated with Congress after the grand jury returned an indictment against President Nixon’s co-conspirators. Special Counsel Mueller could also obtain an indictment of President Trump and proceed with a prosecution. While the matter is not free from doubt, it is our view that neither the Constitution nor any other federal law grants the president immunity from prosecution. The structure of the Constitution, the fundamental democratic principle that no person is above the law, and past Supreme Court precedent holding that the president is amenable to other forms of legal process all weigh heavily in favor of that conclusion. While there can be debate as to whether a sitting president can be indicted, there is no doubt that a president can face indictment once he is no longer in office. Reserving prosecution for that time, using a sealed indictment or otherwise, is another option for the special counsel.

Congress also has actions that it can take, including continuing or expanding its own investigations, issuing public reports, and referring matters for criminal or other proceedings to the Department of Justice or other executive branch agencies. In addition, there is the matter of impeachment. We describe the articles of impeachment drafted against Presidents Richard Nixon and Bill Clinton, as well as those drafted against Judges Harry Claiborne and Samuel Kent to show that obstruction, conspiracy, and conviction of a federal crime have previously been considered by Congress to be valid reasons to remove a duly elected president from office. Nevertheless, the subject of impeachment on obstruction grounds remains premature pending the outcome of the special counsel’s investigation.

While they are probably right that it is too early to begin impeachment proceedings, one Democrat did write an impeachment resolution. From The Hill:

Green’s articles of impeachment state that Trump “is fueling an alt-right hate machine” that’s “causing immediate injury to American society.”

The Texas lawmaker, who represents a district that covers part of Houston, read aloud his articles on the House floor and stressed that Trump should not have to be convicted of a crime in order to be impeached.In his articles of impeachment, Green cited Trump’s equivocating response to the violence at a white supremacist rally in Charlottesville, Va.; attacks on NFL players kneeling during the national anthem to protest police brutality; and since-debunked accusations that former President Obama ordered a wiretap of Trump Tower as examples of how Trump has “undermined the integrity of his office” and “brought disrepute on the presidency.”

Another article of impeachment states that Trump engaged in “perfidy” by making the false claim that millions of people voted illegally in the 2016 presidential election. Trump won the Electoral College and therefore the presidency, but Democratic nominee Hillary Clinton won the popular vote.

Green stopped short of forcing the House from taking a vote on the measure, to the relief of Democrats who did not want to have to take a firm position at this time. The Washington Post reports:

A Democratic congressman stopped just short of forcing a House vote on President Trump’s impeachment Wednesday, pulling back under apparent pressure from his own party.

Rep. Al Green (D-Tex.) read his impeachment resolution on the House floor Wednesday afternoon, bringing it up under rules that would force a rapid vote. But when, less than an hour later, the House’s presiding officer called the resolution up for action, Green did not appear on the floor to offer it.

Green said to reporters afterward that he had wanted to allow more time for his colleagues to review the resolution before it was voted on, and he suggested that the House floor staff had misled him about the timing of that vote.

While Democrats do not want to vote on impeachment at this time, Tom Steyer, one of the party’s largest donors, is demanding that Democratic candidates pledge to support impeaching Trump:

One of the Democratic Party’s most prominent financial backers is demanding that lawmakers and candidates on the left support removing President Trump from office, putting pressure on Democrats to make Mr. Trump’s ouster a defining issue in the 2018 midterm elections.

Tom Steyer, a billionaire California investor who spent more than $91 million supporting Democrats in the 2016 elections, issued the demand to his party in a letter on Wednesday. In his message, Mr. Steyer described Mr. Trump as a “clear and present danger to the republic” and called on Democrats to pledge that they would seek to remove him from office if they take control of Congress next year.

Mr. Steyer — who is considering a run for Senate, perhaps against Senator Dianne Feinstein, a fellow Democrat — cited a range of acts by Mr. Trump to justify impeachment, including the president’s “relationship with Vladimir Putin and Russia,” allegations that Mr. Trump has used the presidency to “promote his own business interests” and his “seeming determination to go to war.”

While such a desire to impeach Donald Trump is understandable, I would prefer that donors from the left do more to get Democrats to take a firm stand against neoconserative interventionism and the surveillance state after the Democratic Party nominated a candidate who was firmly behind the Bush/Cheney agenda in 2016.

Peter Daou Shows A Strange Form Of Integrity In His Promotion Of Russia Conspiracy Theories

Peter Daou has often shown that no statement, regardless of how demonstrably false, is beyond him in his efforts to white wash Hillary Clinton. This one was good for a laugh. He starts out quoting Robert Mueller: “As the saying goes, if you have integrity, nothing else matters, and if you do not have integrity, nothing else matters.”

For some bizarre reason he used this to lead into another attempt to prop up the failed claims that Russia is responsible for Clinton’s loss. As Shattered revealed, Hillary Clinton latched onto the argument that others such as Russia were responsible within twenty-four hours of her loss to shift the blame elsewhere. Since then Clinton and her allies have been trying to find facts to support this claim, without success.

Daou claims, “The scale and scope of Russia’s efforts is staggering: Facebook ads, thousands of professional trolls, email hacking, weaponizing WikiLeaks, highly suspicious contact with the Trump campaign, and much more.”

It turns out that, unless more is uncovered in the future, Russia’s expenditures on Facebook ads has turned out to be rather trivial. It is questionable whether Russia had anywhere as many trolls as the Clinton campaign did (paid and volunteer). The source of the hacked email remains uncertain as claims that it was Russia have come under increased question. Wikileaks only served to show the dishonesty of Clinton and the DNC, and that the only rigged election in 2016 was the Democratic nomination. While there has been suspicious contact between members of the Trump family and campaign, this is increasingly looking like it was based upon financial crimes, with Russia having nothing to offer with regards to harming Clinton.

There has been agreement among investigators that there has been no evidence that Russia has altered a single vote by means such as altering voting machines. Investigations may or may not support Daou’s argument once concluded, but at present they certainly do not, and it is questionable the facts ever will.

With all the facts failing to back him up, Daou resorted to moving the goal post with his most absurd line of all: “To suggest that no votes were impacted by Russian intrusion is to defy common sense. If one mind was changed, if one voter was turned against Clinton, Russian interference altered the outcome.”

One mind, one voter. Many, many factors could have influenced a single vote, but that would not alter the outcome of the election. By only requiring one vote to have been changed, Daou makes it impossible by his absurd standard to deny the significance of Russian interference.

Of course nobody with integrity would make such an absurd claim.

Trump Can No Longer Claim He Is Not Under Investigation

Donald Trump has now been forced to stop repeating his claim that “I’m not under investigation” and instead complain about being the subject of a “witch hunt.” The status changed with the report from The Washington Post yesterday that  Robert Mueller is now investigating Trump for obstruction of justice:

The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether President Trump attempted to obstruct justice, officials said.

The move by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a major turning point in the nearly year-old FBI investigation, which until recently focused on Russian meddling during the presidential campaign and on whether there was any coordination between the Trump campaign and the Kremlin. Investigators have also been looking for any evidence of possible financial crimes among Trump associates, officials said…

The obstruction-of-justice investigation of the president began days after Comey was fired on May 9, according to people familiar with the matter. Mueller’s office has taken up that work, and the preliminary interviews scheduled with intelligence officials indicate that his team is actively pursuing potential witnesses inside and outside the government…

Accounts by Comey and other officials of their conversations with the president could become central pieces of evidence if Mueller decides to pursue an obstruction case.

Investigators will also look for any statements the president may have made publicly and privately to people outside the government about his reasons for firing Comey and his concerns about the Russia probe and other related investigations, people familiar with the matter said.

Comey testified before the Senate Intelligence Committee last week that he was certain his firing was due to the president’s concerns about the Russia probe, rather than over his handling of a now-closed FBI investigation into Hillary Clinton’s use of a private email server as secretary of state, as the White House had initially asserted. “It’s my judgment that I was fired because of the Russia investigation,” Comey said. “I was fired, in some way, to change — or the endeavor was to change the way the Russia investigation was being conducted.”

There is significant cause to investigate Trump for obstruction of justice, but it remains unclear as to the actual crimes committed. There has not been any evidence presented of actual collusion between Trump and Russia to meddle in the election results. While I am waiting to see the results of the ongoing investigations, I have suspected that such claims might not hold up. This has often been raised by supporters of Hillary Clinton who do not accept her role in her failed campaign, with Shattered revealing that Clinton devised the strategy of blaming her loss on Russia and others within twenty-four hours of her loss.

My suspicion has been that any obstruction of justice involves a combination of covering for members of campaign and financial dealings with Russia. Along these lines,  The New York Times does report:

A former senior official said Mr. Mueller’s investigation was looking at money laundering by Trump associates. The suspicion is that any cooperation with Russian officials would most likely have been in exchange for some kind of financial payoff, and that there would have been an effort to hide the payments, probably by routing them through offshore banking centers.

Regardless of the specifics of the investigation, the news that Mueller is investigating Trump makes it much riskier for Trump to fire Mueller. There were reports earlier this week that Trump was contemplating this, replicating the infamous Saturday Night Massacre when Richard Nixon fired Archibald Cox during the Watergate investigations. Such a move would increase the chances that even Republicans might consider impeachment to replace Trump with Mike Pence. Pence, incidentally, has now hired outside counsel himself to handle Russia probe inquires.