Laurence Tribe and Joshua Matz explain what constitutes an impeachable action: An impeachable action is one that involves “corruption, betrayal or abuse of power” that is serious enough to “subvert the core tenets of the U.S. governmental system.”
Impeachable behavior isn’t limited to crimes.
This is because (1) the criminal code isn’t designed with presidents in mind and (2) it isn’t possible for legislatures to foresee all possible ways a president might engage in corruption that threatens the government.
The Mueller Report outlines impeachable behavior, detailing Trump’s corrupt and improper use of power to undermine government. My analysis of the obstruction outlined in the Mueller Report is here.
So what’s next?
Trump will lie and use his power as president to obstruct the impeachment proceedings.
We can expect this surely as we expect the sun to rise.
Will he succeed? That depends on what you mean by “succeed.”
Trump is likely to remain president until 2020 simply because 2/3 of the Senate is required for removal. Good luck with that.
Remember that the impeachment process goes like this:
- First there are investigations into presidential misconduct,
- Then public hearings on the misconduct
- Depending on how things go, legislators begin using the “i” word or the “r” word. (Legislators using words like “impeach” or “remove” too soon is like a judge announcing “guilty” before the trial)
- A committee is designated to consider whether to actually impeach,
- The House debates the House votes on articles of impeachment,
- The matter goes to the Senate for trial at the conclusion of the trial; and finally;
- The Senate votes on whether to remove.
“Impeach” does not mean “remove.”
We are still at the public hearings stage.
This is going slowly because . . . [wait for it]. . . Trump is obstructing. Of course he is! What does he have to lose at this point?
The House of Congress and the Executive Branch are now in battle. One battle is over Barr’s testimony. Another is Erik Prince. And Trump’s lawsuits to avoid his records going to Congress.
With two branches of government engaging in battle, the third branch—the courts—will weigh in.
Someone yesterday told me Trump has already turned the U.S. into an autocracy. I say our institutions holding out, despite several years of Trumpian onslaught.
Six months ago, we had meaningful elections. (Those don’t happen in an autocracy).
Yesterday the DC Court of Appeals ruled for Mueller, against Andrew Miller, who has been fighting a subpoena. Yesterday the NY AG, who is suing the Trump Foundation for “persistent and willful self-dealing” made this statement:
Here’s another court ruling against Trump from a few days ago. These are federal courts ruling against Team Trump.
So how do we respond to the frustrating situation of Trump obstructing these proceedings, and the slow grinding pace of democracy?
Yes, democracy always grinds slowly. Those checks and balances that make it difficult for an autocrat to seize power also make it difficult to get anything done quickly. If you don’t believe democracy always grinds slowly, run for local office and try to get something done.
Those who want to destroy democracy attribute the slow pace of democracy to “corruption.” Don’t listen to them. It’s easy to become frustrated with the slow workings of democracy, but having a democracy is worth the aggravation. (Autocracy moves quickly. No checks on power)
I’ve had people tell me that we can’t wait until 2020 to remove Trump. I also get comments like this one:
There are very few legal means to remove a president before the end of his term. I think it goes without saying that we must stay within legal mean. The only way to save democracy is through democratic means.
So how do we respond to the frustration and survive until 2020?
If you missed it, please see my post on the Outrage Dilemma. Also avoid “what if” rabbit holes. They will wear you out.
For those who say, “We never had a president trample norms or human rights this way,” my answer is: “Let me tell you about Andrew Jackson.” This isn’t to minimize the human rights violations and norm violations of Jackson or Trump. It’s just to say we’ve been here before.
Remember, Trump is working hard to wear you out and cause you to lose faith in democracy. That’s how he will win. Don’t let him do it.
Someone on Twitter asked me this:
Technically the House can impeach more than once. As a practical matter, it would be a disaster. Consider finishing the lengthy process, the Senate acquits, and the House says “Wait! Let’s do it all again! We have more evidence.”
Another person commented that “Nixon was forced to resign as public opinion turned on him.”
It’s possible that public opinion will turn on Trump as proceedings continue, but there’s a problem with comparing Trump’s situation to Nixon’s. Nixon didn’t have Fox. It’s been said that he would have survived if Nixon had right wing media, and in fact, the current right wing media developed because of Nixon, so that next time, the right wing could better control public opinion.
