Category Archives: Constitution

Impeachment, 25th Amendment, or wait for Inauguration?

What’s it gonna be then, eh?

How are we going to deal with the man who incited the mob’s attack on the U.S. Capitol? As I see it, these are our choices:

Impeach him again, only this time, the Senate does its job and removes him.
Use the 25th Amendment to remove him.
Just wait two weeks, and he’ll be gone anyway. Plan to have a big party once Joe is sworn in.

Let’s look at each option a little more closely.

Impeachment — Possibly the best thing I’ve read today was Bret Stephens’ column in The New York Times, headlined “Impeach and Convict. Right Now.” He makes a very compelling case, and his points about why we all should have expected what happened yesterday the moment Trump came down that escalator in 2015 are compelling. He argues that “To allow Trump to serve out his term, however brief it may be, puts the nation’s safety at risk, leaves our reputation as a democracy in tatters and evades the inescapable truth that the assault on Congress was an act of violent sedition aided and abetted by a lawless, immoral and terrifying president.” True. My one disappointment in reading it is that he didn’t deal with the details: Just how would it get done that fast. It would take more time than between now and the 20th just for the Senate to go back and do what it should have done on the first impeachment — hear witnesses. I’d like to think it was possible, but is it?
25th Amendment — Nancy Pelosi and Chuck Schumer are pushing this option. Because when it comes to impeachment, you know, they’ve been there and done that. It makes perfect sense. It really shouldn’t take much time to get those signatures together, and in any other administration since the Amendment was adopted in 1967, it would have happened already. Ah, but that’s the thing you see. There has never been an administration like this before. Everyone in the Cabinet was chosen by Trump — often as a replacement to someone who was not sufficiently subservient to him. The vice president would have to lead the way. And while it was nice that Mike Pence didn’t join the riot yesterday, do you think he would step up and do this, and that enough “principal officers of the executive departments” would go along? That would indeed be something to see.
Wait for the Inauguration — We’ve endured it for four years, and we’re only talking 13 days. No, there’s no guarantee that one or more of those 13 days won’t be like yesterday, only worse. There was never a guarantee that ANY day in the last four years wouldn’t have been like that. Most of us knew this. The rest learned it yesterday. Given the difficulties of the first two options, this one seems the most practical. There’s just one big argument against it in my book, but it’s a biggie: This is what Lindsey Graham wants us to do.

Personally, I’m torn. Even if it’s impossible, I’d like to see people do their absolute best to bring about his ouster through option 1 or 2. Either would be the right thing to do. We can’t just shrug off what has happened, and miss this opportunity to redeem our country from the shame of having Trump as our president. That’s wrong.

But… would even more damage be done to the country if we tried one of those options and failed, not because either was a bad idea, but because we ran out of time? How would the rest of the world, and history, see a failed attempt to remove someone who has done what he has done? Would anyone ever see those very necessary options as being worth trying — and if they’re not, what does it do to confidence in the Constitution?

So what should we do? I look forward to your arguments…

Finally, Mattis speaks up — powerfully

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I made a passing reference to this in the last post, but I’m going to elevate the profile, because since then I’ve actually had the chance to read what the Warrior Monk, James Mattis, had to say today when he broke his long silence about the Trump administration in which he once served.

I urge you to read this piece in The Atlantic, which I think originally broke the story.

And now I’m going to give you the whole statement. Because not a word of what he said should be left out:

I have watched this week’s unfolding events, angry and appalled. The words “Equal Justice Under Law” are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand—one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation.

When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.

We must reject any thinking of our cities as a “battlespace” that our uniformed military is called upon to “dominate.” At home, we should use our military only when requested to do so, on very rare occasions, by state governors. Militarizing our response, as we witnessed in Washington, D.C., sets up a conflict—a false conflict— between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part.

Keeping public order rests with civilian state and local leaders who best understand their communities and are answerable to them.

James Madison wrote in Federalist 14 that “America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.” We do not need to militarize our response to protests. We need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.

Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that “The Nazi slogan for destroying us…was ‘Divide and Conquer.’ Our American answer is ‘In Union there is Strength.'” We must summon that unity to surmount this crisis—confident that we are better than our politics.

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children.

We can come through this trying time stronger, and with a renewed sense of purpose and respect for one another. The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community. Americans in hospitals, grocery stores, post offices, and elsewhere have put their lives on the line in order to serve their fellow citizens and their country. We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.

Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.

Amen to all of that. Thank you, general.

Brooks lists reasons why impeachment means trouble

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David Brooks has a column today headlined “Yes, Trump Is Guilty, but Impeachment Is a Mistake,” with the subhed “This political brawl will leave Trump victorious.”

Yep. That’s quite likely. That’s why this is a bad place to be, if you want to get rid of Donald Trump.

Here’s the list of reasons Brooks offers:

“This will probably achieve nothing.” If you mean, he won’t be removed from office, you’re almost certain right. Two presidents in our history have been impeached, and neither was removed from office. There is no reason to think this time will be different — especially if you listen to the alternative-reality nonsense coming from the mouths of Senate Republicans.
David Brooks
“This is completely elitist.” Brooks means inherently, in that you put Trump’s fate in the hands of 100 senators instead of the voters. But elitism comes into this another way: Some of the people out there saying Trump hasn’t done anything wrong actually think that. They are low-information people who subscribe to the “They all do it” school. You sort of have to have above-average understanding of the norms of diplomacy, politics, and presidential behavior to understand how stunningly unprecedented this is, and understand that if this isn’t impeachable, it becomes hard to imagine what would be.
“This is not what the country wants to talk about.” Well, no, it’s not what I want to talk about, either. I want to talk about why Joe Biden must be the Democratic nominee, and must be elected. Of course, if you mean the country wants to talk about football and reality TV, you lose me. I don’t feel obliged to respect apathy.
“Democrats are playing Trump’s game.” Oh, yeah. Indeed. The more divided the country is, the more this parasite thrives.
“This process will increase public cynicism.” Yeah, maybe, among the uninformed. And that’s a lot of people.
“This could embed Trumpism within the G.O.P.” This is an interesting argument, and it makes some sense. It goes this way: Electoral defeat will discredit Trumpism among Republicans (if it doesn’t just crush the GOP permanently). This will harden Trump’s position as being at the heart of the party, with all the loyalists gathered ’round him.
“This could distort the Democratic primary process.” Yep, and in unpredictable ways.

Of course, in the end, if I were a House member — of either party, or (my preference) no party — I don’t think I would feel like I had an alternative. Sure, you know he’s not going to be removed from office, and given that we’ve seen over and over that his supporters are impervious to reason, it will greatly increase his chances of being re-elected.

But the Constitution charges the House with a responsibility. And it’s hard for me to see how the House walks away from that responsibility, in light of what Trump has done. You can’t just act like, yeah, it’s OK to do that and still be president. You have to say, “No!”

This is a terrible moment to be a House member. And a worse moment for the country….

Those moderates I’ve praised? They’re now talking impeachment

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Rep. Abigail Spanberger, former CIA case officer.

Remember when I wrote about Mikie Sherrill, the moderate Democrat who is emblematic of those whose elections tipped the House to the Democrats last year (in contrast to “The Squad,” whose elections meant nothing)? I described her as just the kind of person I’d jump at the chance to vote for, any time.

She’s an example of someone who steers clear of partisan combat, spending her energy on issues of concern to all her constituents, regardless of party. It’s for the sake of people like her that Nancy Pelosi has kept her foot on the brake with regard to impeaching Trump.

Well, she, and her friend Rep. Abigail Spanberger — whom I have mentioned in similar terms — and five other moderate freshmen have now had enough, as they explained in an oped today:

This flagrant disregard for the law cannot stand. To uphold and defend our Constitution, Congress must determine whether the president was indeed willing to use his power and withhold security assistance funds to persuade a foreign country to assist him in an upcoming election.

If these allegations are true, we believe these actions represent an impeachable offense. We do not arrive at this conclusion lightly, and we call on our colleagues in Congress to consider the use of all congressional authorities available to us, including the power of “inherent contempt” and impeachment hearings, to address these new allegations, find the truth and protect our national security.

As members of Congress, we have prioritized delivering for our constituents — remaining steadfast in our focus on health care, infrastructure, economic policy and our communities’ priorities. Yet everything we do harks back to our oaths to defend the country. These new allegations are a threat to all we have sworn to protect. We must preserve the checks and balances envisioned by the Founders and restore the trust of the American people in our government. And that is what we intend to do…

Why are they doing this? Because of what we’ve learned the last few days, about the possibility that the president of the United States used taxpayer money to pressure a foreign government to help him tar a domestic political opponent.

And because of who they are:

We have devoted our lives to the service and security of our country, and throughout our careers, we have sworn oaths to defend the Constitution of the United States many times over…

Because like the intelligence officer who blew the whistle, they are looking at something alarming to people who love their country.

Because duty demands it.

And that’s where things stand now…

Rep. Mikie Sherrill, former U.S. Navy helicopter pilot.

Yep, that’s exactly how a republic is supposed to work

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The Caskey boys, spotted together at an event in 2017. No, I don’t know exactly how they’re related…

Bryan posted this about his kinsman and my representative, Micah Caskey:

Guys like @MicahCaskey are why a representative republic is great. He can spend the time reviewing the details and let us all know what the deal is. That way, I can get the benefit of an educated opinion without doing the detail work myself. https://t.co/Txh72KPsFF

— Bryan Caskey (@BryanCaskey) January 3, 2018

Yep, that’s exactly the way our representative democracy is supposed to work. Elected representatives are not your agents whom you send to do your bidding. They’re people you delegate to go do what, in a complex modern economy, most people don’t have time to do: Go to the capital and study and debate complex issues until they understand them better than they otherwise would — and then act accordingly.

A lot of Americans, maybe most of them, don’t understand that. They expect the following from elected officials:

That they make very specific promises when running for office.
That those promises appeal directly to what they, the voters, want to hear.
That, once elected, the representatives do exactly what they promised, without amendment or deviation.

I don’t expect those things at all. With me, it’s more like:

I don’t care to hear specific campaign promises, because I don’t want that person, once elected, to have his or her hands tied.
To the extent that such promises are made, it’s not necessary that they align with what I think should be done. Sure, if the candidate is promising a lot of stupid stuff I’m dead-set against, I’ll oppose him or her (in part for the simple fact of making pandering promises, whatever their content). But I don’t expect agreement across the board. Since I don’t buy the prepackaged sets of values the left and right sell, there’s never been a candidate with whom I agreed on everything.
Once elected, I expect the representative to buckle down and study, and debate matters with people with different views, and learn, and become wiser about the issues than he or she was during the campaign. And if that means breaking a stupid promise that was made when the candidate was less wise, then I hope my representative has the courage and integrity to do so — like George H.W. Bush ditching the “read my lips” thing.

But as I said, too many people have the first set of expectations, and that misunderstanding has led to many of the ills our country is suffering today. The Tea Party and Trumpism were both outgrowths of the frustration of people who were mad because the people they had elected had not followed through on stupid promises they had made.

The danger in that, of course, is that you can arrive at a point at which people who will actually follow through on stupid promises get elected.

Which is where we are today…

Which is why a fine representative like Micah is good to find. Which in turn is why, once I met him and saw how bright, serious and thoughtful he was, I gave up my crazy thoughts of running for the office myself. I didn’t see how I would do a better job than he would. I don’t remember any of his positions in particular; I just remember that the way he approached issues made me trust him to address them wisely in the future.

And that, boys and girls, is how our system is supposed to work. And yes, this will all be on the final exam…

Hate to say it, but I don’t see this Trump thing ending well

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It’s not easy to keep a republic going. Ask the French — they’re on their Fifth, in less time than we’ve had one.

Some good people who place their faith in the rule of law may have gained encouragement from the guilty plea of Michael Flynn. After all, this is the case that Trump tried to get Comey to back off on, before firing the FBI director. Time to start up the impeachment apparatus!

Others will cite the continuing stream of evidence that the president is not right in the head, from making “Pocahontas” jokes when he’s supposed to be honoring the Navajo Code Talkers to telling people that he doubts that was him on the “Access Hollywood” tape — more than a year after admitting that it was. Obviously, a case for the 25th Amendment!

But setting aside the facts that a) Republicans would have to initiate and drive either of those processes for removing a grossly unfit president, and b) Republicans have shown us time and time again that they are too terrified of Trump’s supporters even to mutter a word against him, I don’t think it’s time to get optimistic that this madness will end soon.

Even if Republicans were ready, willing and able to take those steps, I’m pretty sure the original problem would remain: Trump’s fans would go ballistic.

The terrible truth that faces us is that no amount of evidence of Trump’s unfitness is likely to ever persuade these folks of the truth. They are inoculated against evidence. If the truth makes Trump look bad (and it most assuredly does), then to them it’s not the truth; it’s “fake news.” As unlikely as it would seem to most rational people, they actually seem to believe that. But whether they believe it or not, they act as though they do, which is what matters.

But so what? Most of the country can’t stand Trump, so those people can’t control what happens! Right?

Wrong, at least so far. Remember, most of the country held Trump in contempt at the time of the election, and yet here we are. More importantly, since the early 90s Republicans have been enormously successful at drawing electoral districts so that most of them are safe for Republicans. This, however, instead of empowering the people who drew those lines, has undermined them. It has caused them to walk in fear of someone running to the right of them in their next primary. Consequently, as a result both the election of a lot of those extremists and the fear of such occurrences on the part of more moderate Republicans, the party has moved farther and farther out onto its own fringe.

Even if the current GOP House got up the nerve to impeach Trump, it’s highly likely that what they fear would occur: They would be replaced by others who are more extreme than they are.

But forget the insidious effects of gerrymandering. The fact is that the nation can ill afford to have the Trump bloc, minority though it is, believing they were cheated out of having their guy in the White House. I’m not talking about armed insurrection here, although we can’t totally rule that out. I’m saying our system of government would have its greatest crisis of legitimacy it has ever faced. (At least, since 1860-65.)

Remember the snit fit Democrats had after Gore was found to be the loser in Florida (and he was the loser in Florida)? It went on for eight years, and many of them still believe the U.S. Supreme Court “stole” the election and “gave it” to Bush. And these were relatively sensible people, not a cult that worships at the altar of “alternative facts.” (In fact, there was one way you could have counted the votes so that Gore won — just not the way Gore had demanded they be counted. That way, and most ways, he lost.)

There is already ample evidence that the common vision of what America is all about has largely been lost, and not only among Trump voters who think “liberal democracy” means a democracy run by Nancy Pelosi. David Brooks had a good piece on that a couple of weeks ago.

As divided as we are, can you imagine what it would be like if some 30 percent of the electorate — a bloc utterly immune to contrary evidence — was convinced that it had been robbed?

How would we ever get back on an even keel? And even if the next occupant of the Oval Office is the best president we’ve had in 50 years, how would he or she lead us?

There was a thoughtful piece in The Washington Post today arguing that the only good way to get rid of Trump will be at the ballot box in 2020. But given the facts on the ground at this moment, can we even be confident that that would happen?

(Get back to me in a few days. I’m still reading Tom Holland’s Rubicon, and I’ve finally gotten up to the events of 49 B.C., and steeping oneself in that era is not a thing likely to inspire confidence in the staying power of republics…)

To cross or not to cross? Either way, the Republic’s pretty messed up…

Quote of the day, from Edmund Burke

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“The effect of liberty to individuals is that they may do what they please; we ought to see what it will please them to do, before we risk congratulations.”

— Edmund Burke

Burke

I found that quote today at the top of a Washington Post column headlined, “Trump is the demagogue that our Founding Fathers feared.”

You should go read that if you need reminding of why our republic was set up the way it was — for that matter, why our Founders chose a republic, as opposed to (shudder) pure democracy.

As for Burke — one of these days I need to read more about him. I don’t know as much as I should about the politics in Britain at the time of our Revolution. For instance, I have trouble understanding how he could have been the father of modern conservatism when he wasn’t even a Tory.

I read that he was for American independence and Catholic Emancipation, and that he opposed the French Revolution. I’m with him on all those…

ACLU: Hey, um, you guys? The OU SAE expulsions actually aren’t constitutional.

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So, the ACLU is finally getting around to doing their job, here.

As a state-run institution of higher education, the University of Oklahoma must also respect First Amendment principles that are central to the mission of every university. Any sanction imposed on students for their speech must therefore be consistent with the First Amendment and not merely a punishment for vile and reprehensible speech; courts have consistently and rightly ruled as such. Absent information that is not at our disposal, it is difficult to imagine a situation in which a court would side with the university on this matter. We are closely monitoring the situation and will appropriately respond to new details as they emerge. In the meantime, we stand in solid support of the brave and thoughtful students whose public dialogue on race and the rights of all minority students in response to the incident have embodied the spirit of the First Amendment.

Now, before you get all upset and put some crazy comment here, stop and take a breath. I’m not condoning the bird-brained students who said the things they said. They were dopey, hateful, and base. Now that I think of it, I actually kind of like my insult of “bird-brained” there. That may be my new insult for people these days. Anyway, I digress…

Did you stop and take a breath? Ok.

Despite saying bird-brained things, these students clearly can’t be punished in this summary form, and the ACLU is finally coming around to saying the correct position. Before you jump all over me for “siding” with these morons, let me clarify: I am not siding with these idiots. I am siding with the rule of law. Unfortunately, defending free speech necessarily requires defending disagreeable, foul, unpopular, and yes, bird-brained speech. That’s kind of the point.

If you only support free speech that you agree with, you’re not a free speech advocate – you’re a hack.

Perry’s happy with the judiciary, not the executive, taking action where the legislative branch should

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Had to raise an eyebrow when I saw this:

Rick Perry hails court decision halting Obama immigration action: http://t.co/rYynav2f9R pic.twitter.com/J0SVSpomFW

— The Hill (@thehill) February 19, 2015

I mean, Perry’s happy with the courts acting on something that the Congress won’t act on? True, this may fall short of judicial activism since it’s the court saying the President can’t do something, rather than doing something itself that it shouldn’t.

But still. If the Congress would just pass a sensible comprehensive immigration reform package — something Obama has essentially begged it to do — we wouldn’t be in this situation.

The really sad part is, now nobody’s doing anything about the problem. And that’s not good at all.

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