Should We or Shouldn't We?
At the Constitutional Convention in 1787, impeachment was a hot topic. Benjamin Franklin, James Madison, George Mason, Alexander Hamilton, and Gouverneur Morris all supported some form of impeachment for all federally elected representatives and other federal government officials. However, the proposal of impeaching the president and possibly removing him from office was not universally supported. Morris argued that subjecting the president to the prospect of impeachment could possibly render the chief executive impotent in the role of governing, making him a subject to the legislative branch and a puppet of "factions" who would wield the threat of impeachment as a weapon against the executive branch. James Mason, a delegate from Virginia, countered this fear stating "No point is of more importance than that the right of impeachment should be continued. Shall any man be above Justice?" Franklin replied, as only Franklin could, that impeachment and subsequent removal from office was preferable to the traditional manner in which political leaders were removed from office in Europe- death. Others argued that the guilt or innocence of the president should be left to the voters. Let the president serve his term, if he is reelected, then the voters will have determined that either he is innocent of all wrong-doing or the alleged misdeeds were too minor and insignificant to warrant the president's removal from office. James Madison blunted this sentiment arguing that the Constitution needed to protect the nation from the negligence or incapacity of all federal officials including the misdeeds of the president, "He might pervert his administration into a scheme of peculation" (a fancy word for embezzlement) "or oppression. He might betray his trust to foreign powers." In the end, the delegates at the Constitutional Convention voted 8 states to 2 that even the Chief Executive was subject to impeachment and removal from office.
Once the delegates agreed that, yes, even the chief executive was subject to impeachment the next quandary was for what could they be impeached? Most delegates felt that only bribery and treason should result in an impeachment of federal officials. Mason disputed this asking why an official could not be impeached for attempting to subvert, ignore, or otherwise abuse the Constitution. After all, Mason continued, all federal officials pledge that they will uphold, defend and abide by the Constitution. After much back and forth, the delegates agreed that an impeachment should take place for "high crimes and misdemeanors". This is a very broad, open statement and one that has been debated by Constitutional scholars since 1787. It is generally agreed that for an impeachment to take place, a law does not need to be be broken. Impeachable offenses also include dereliction of duty, negligence to the office or the nation, or some other abuse or violation of the public trust. Again, very broad and debatable statements.
Impeachments Are As Rare As Bigfoot Sightings
Over the last 230 years impeachments have been exceedingly rare in the United States, assuaging the fears some of the Founding Fathers had that it could become a weapon of politics. Since 1789, nineteen federal officials have been brought up on impeachment with eight being removed following a Senate trial. The last official to be impeached was a federal judge, G. Thomas Porteous in 2010. He was impeached on the grounds of bribery and perjury. He was removed from office for these crimes. Of the nineteen impeachments, two have been presidents; Andrew Johnson and Bill Clinton.
Andrew Johnson was Lincoln's Vice President and assumed the presidency following the assassination of Lincoln. Johnson was a southerner and a former Democrat. He was chosen as Lincoln's V.P. because he was the only southern legislator to not support secession or leave the Union. In 1864, Lincoln choose Johnson as his running mate as a conciliatory sign to the south as the Civil War was winding down. Neither Lincoln nor the Republican Party or, for that matter Johnson, ever envisioned Johnson assuming the presidency. Yet, as Reconstruction was just beginning, there was Johnson, a former Democrat and a southerner, sitting in the Oval Office. Other than having just won the Civil War (a fact many seemingly are still having a hard time accepting- but that is another conversation altogether), things could not have been much worse for the Union as the Spring of 1865 unfolded.
Despite not having supported succession and not having left the Union, Johnson was not friend to the newly freed slaves, nor a staunch opponent to former Confederate officials. He vetoed virtually every bill sent to him that sought to help the newly freed slaves. He allowed former Confederate officials to return to office at an alarming rate. He opposed the 14th Amendment (which would have made former slaves citizens) and then embarked on a campaign in which he denounced and tried to destroy Republicans who opposed him. This all came to a head when Congress passed the "Tenure of Office" Act which made it difficult for Johnson to fire cabinet officials. In all reality, this was a trap, Congress knew Johnson would violate this law. Sure enough, Johnson attempted to fire Secretary of War Edwin Stanton, who was overseeing Reconstruction, and replace him with U.S. Grant. Johnson was subsequently impeached by the House of Representatives and narrowly avoided being removed from the presidency by the Senate, but only after Johnson agreed to rubber stamp all Reconstruction bills coming from Congress.
Bill Clinton's story is well known. While an investigation was taking place into alleged fraud involving a real estate deal in Arkansas of which Clinton and his wife, Hillary, were a part. This investigation did indeed uncover fraud and other wrongdoings, but none of which could be tied to the Clinton's. The investigation had ostensibly come to a dead end. Then when all hope was lost of finding a crime, it was discovered that the president was having an affair with an intern, and was possibly using his influence to get this intern a cushy job to get her out of the White House and to remain quiet about the affair. That a president would have an affair is hardly shocking, as many presidents have had such dalliances while in the White House, and Clinton in particular, was no stranger to the affections of women other than his wife. It was Clinton's behavior AFTER the story broke that led to his impeachment.
Clinton publicly denied the affair. Then he denied it under oath. Perjury. That was his sin. Before it was proven, due to a second deposition of Clinton, that he had committed perjury Republicans were lining up impeachment charges against Clinton. The most famous of which is Lindsay Graham taking to the Congressional floor and declaring that the president doesn't even have to break the law to be impeached. Impeachment, Graham argued, was a cleansing of the office to restore integrity and honor. Apparently the House of Representatives agreed with Graham and filed Articles of Impeachment against Clinton charging him with perjury and obstruction of justice. The House of Representatives eventually passed the charges thus making Clinton only the second president to have been impeached. The Senate by a fairly wide margin failed in securing the needed 2/3's vote to remove Clinton from office. However, the fallout from the impeachment was damaging to both sides. Clinton's legacy was forever tarnished but the Republicans failed in the mid-term election to pick up seats- in fact they lost five seats in the House- and Newt Gingrich resigned as Speaker of the House.
Richard Nixon would have been impeached and he would have been removed from office over the Watergate Scandal had he not resigned from office. Nixon, who had maintained his innocence and vowed to fight the impeachment to the bitter end, only resigned after having been visited on August 7, 1974 by Republican leaders, led by the venerable Senator Barry Goldwater who told Nixon he had lost support of the Republicans in the legislature and it was time for him to leave the presidency. Nixon resigned the presidency on August 9, 1974.
Let's Get All Trumpy!
Today we stand at the precipice of the third president being impeached. The Democrat controlled House of Representatives has opened up in inquiry into the presidency of Donald Trump to determine if there is enough evidence to impeach Trump. The charges being considered are obstruction of justice and abuse of power.
The allegations are that Trump used the power of his office to pressure foreign nations to investigate his main political rival, Joe Biden, for the benefit of his reelection campaign. It is then further alleged that Trump attempted to bury these conversations by hiding the files on a special, secret file server in the White House which is normally used to store files of top secret information and/or imperative to national security. These allegations come from a whistle-blower complaint filed in August. A report that the White House, it is alleged, also attempted to cover up. Trump maintains that the did nothing wrong, that the phone call with the nation in question, Ukraine, was in fact "perfect" and that he was not withholding defense funds earmarked for the Ukraine in exchange for dirt on Joe Biden or his son. Trump and those around him maintain that the whistle-blower should be identified and that the information within the complaint is hearsay. It is worth noting that while the information in the whistle blower complaint may indeed be hearsay, it does match with the transcript released by the White House. It is also worth noting that as of this morning, October 6, 2019, a second whistle-blower complaint has been filed by someone with first-hand knowledge of the conversation in question.
So the question becomes this; will Trump be impeached by the House of Representatives? I believe that yes he will impeached before Thanksgiving. Will Trump then be removed from office by the Senate? Unless there are some extraordinary events that take place within the next few months, I do not believe that the Senate will vote to remove Trump from office. Do I believe that Trump should be impeached? While I have never been a fan of Trump, his candidacy forced me to vote for the first time for someone other than a Republican for president and his presidency forced me to leave the Republican Party of which I had been a proud member of for over 30 years, I was never in favor of his impeachment. Until now. I fully believe that Trump should be impeached for the following reasons:
- Donald Trump appears to have withheld assistance to the Ukraine in exchange for information on his expected Democratic opponent in 2020. This would amount to inviting foreign assistance in his campaign- a serious violation of federal election laws. It would also be an abuse of the Office of the President.
- Donald Trump has asked a foreign power to open an investigation of a private American citizen, Biden's son Hunter, for his sole benefit. An act that the Founding Fathers would have found to be treasonous.
- Donald Trump appears to have encouraged the execution of an American citizen by stating that the whistle-blower was treasonous and that he longed for the "old days when we were smart... The spies and treason, we handled things a little differently." Treason is the only crime in the Constitution for which the punishment is defined; death.
- Donald Trump has further encouraged a foreign power, China, to interfere with the 2020 election by opening an investigation of Biden and his son.
For these reasons, I believe that Donald Trump has crossed the line violating the public trust and betraying the powers of the Executive Branch as outlined by the Constitution.
The Pitfalls
This is the perilous side of impeachment. Everyone involved in this process stand at the edge of political ruin. We know what is at stake for the president; his legacy and his presidency. For the Democrats, if this inquiry and subsequent impeachment process fails to produce any tangible accusations or damning evidence they stand to lose badly in 2020 as they dishearten and disappoint their party's voters and independent's who have had enough of this administration while super-charging Trump's base.
However, those who have the most to lose and the narrowest, most dangerous path during this process are the Republicans. If this process goes badly, even if Trump is impeached but not removed from office, the GOP may emerge from this ordeal bloodied, battered, and bruised worse than they were following Watergate. Many in Trump's base may be far less enthusiastic about Trump than they were in 2016-2019 and while they may not, and probably won't, vote for the Democratic nominee it is plausible that they will vote for a 3rd party candidate or not vote at all. Many of Trump's supporters in Congress, or those who simply refused to condemn his actions, may pay the ultimate political price and lose their reelection. This fate may well befall Mitch McConnell, Susan Collins, Steve King, and our own Senator Cory Gardner.
The take away here is twofold: 1) No government official is above being impeached, not even Donald Trump. Any successes a president may have had does not shield them from impeachment. If the president fails to uphold the Constitution, abuses their position or otherwise sully's the office of the President of the United States, they should be and and need to be impeached. 2) The real tragedy in all of this is that of the American citizen. Who are once again being held hostage by political factions which seem to be more interested in their own political victories rather than the well-being of the nation and its people.