Friday, January 24, 2020

My Articles of Impeachment

I was (and still am) unhappy that the Democrats in the House of Representatives only brought two articles of impeachment against Trump when he has done so much more that is impeachable. Here are some of the other articles that I would have brought:
 

1) Obstruction of Justice - Mueller Report Volume II.  

In the introduction to Volume II of his report, Mueller states:

"Fourth, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred."

This means, in simple terms, that Mueller found evidence of obstruction of justice. His report then lays out that evidence. I find it astonishing that the Democrats did not use this.

Volume II of the Mueller Report is here:
https://www.justice.gov/storage/report_volume2.pdf

2) Violation of Campaign Finance Laws - Payment to Stormy Daniels

Michael Cohen was convicted of violating campaign finance laws due to his payment of hush money to Stormy Daniels. Trump reimbursed Cohen for his payment to Stormy Daniels. If Trump knew what the money he was paying Cohen was for (which seems likely) and the hush money was paid for political reasons (i.e. keeping voters from knowing about Daniels) rather than personal reasons (i.e. keeping Melania from knowing about Daniels), which also seems likely, then Trump violated campaign finance laws.

Yes, based on public information it is not a 100% clear cut violation, but it looks pretty strong, and there is likely more evidence out there we haven't seen.

Additional information is here: https://www.washingtonpost.com/politics/2018/12/07/government-implicates-trump-trump-campaign-federal-campaign-finance-law-violations/

3) Violation of Financial Disclosure Laws - Payment to Stormy Daniels

Trump failed to properly disclose his payments to Cohen. If intentional (which it appears to have been), this is a crime. The Office of Governmental Ethics referred the matter to the Department of Justice, who appears to have done nothing.

https://www.businessinsider.com/trump-financial-disclosure-form-michael-cohen-stormy-daniels-payment-2018-5

4) Conflict of Interest/Self-Dealing/Violation of the Emoluments Clause - Multiple

Trump has been shamelessly using his office for personal profit.  From trying to have the G7 meeting at one of his resorts, to charging the federal government (i.e. taxpayers) for his security detail to stay at his resorts, to special interest groups and foreign governments staying at his properties to curry favor with him, Trump has been raking in the money, all because he is president.

This is corruption, plain and simple.

https://www.propublica.org/article/political-and-taxpayer-spending-at-trump-properties-16-1-million

https://www.citizensforethics.org/presidential-profiteering-trumps-conflicts-got-worse/

https://www.usnews.com/opinion/articles/2018-03-05/how-is-donald-trump-profiting-from-the-presidency-let-us-count-the-ways

5) Soliciting a Bribe (or Extortion) - Phone call with Zelensky

The facts on this one are pretty clear. Ukraine had a legal right to receive military aid from the US - it had already been approved pursuant to US law. Trump withheld that aid and asked Ukraine's President Zelensky to investigate the Biden family. Like a government clerk who demands an extra personal payment to perform the job they are supposed to do, this is solicitation of a bribe. Looked at from a different angle, it is like a mobster asking a storekeeper for "protection" money to prevent harm from coming to his store, which is extortion.

Among other things (including testimony of multiple witnesses), the fact that Biden was the front runner for the Democratic Presidential nomination at the time makes Trump's claim that he was just trying to root out corruption laughable at best.

Bribery and extortion are crimes - why the Democrats didn't spell even one of these out is baffling to me.

Here is a primer: https://www.thedailybeast.com/if-whistleblower-is-right-trump-may-have-committed-extortion-and-bribery?ref=scroll

6) Violation of Campaign Finance Laws - Phone call with Zelensky

Just asking the Ukraine to investigate Biden, a political rival, is a violation of campaign finance laws (even without the withholding of military aid threat). Soliciting foreign assistance to influence the outcome of an American election is illegal. This is an impeachable offense.

It is spelled out pretty clearly here: https://campaignlegal.org/update/yes-president-trump-violated-campaign-finance-law-asking-ukraine-favor

7) Violation of Campaign Laws - Asking China to investigate Biden

After he asked Ukraine to investigate the Bidens, Trump asked China to investigate the Bidens. Again, just like with Ukraine, this is a violation of campaign finance laws, and a basis for impeachment.

More here: https://apnews.com/c4fc388b22f549e0a67925cab8cd7e93

8) Obstruction of Justice - Hindering Congressional investigation of Zelensky call

They are doing this one (and they should). You may have heard about it.

9) Abuse of Power - Multiple

Yes, they are doing this one, but on a narrow basis. I would make this one broader, to capture Trump's pattern and practice of abusing his power in many areas. Individually, some of these may not support impeachment, but together they add up.

Trump's attacks on the judiciary - criticizing rulings that go a against him, questioning the authority of courts to issue injunctions, pardoning Joe Arpaio for his intentional violation of a court order, implied promises of pardons for others, nominating unqualified partisan hacks for federal judgeships - are inconsistent with the Constitution's separation of powers.

Trump's attacks on the press - calling all critical coverage "fake news," revoking journalists' White House press passes, threatening to revoke NBC's license, etc. - are in contravention of the 1st Amendment.

Having Rudy Giuliani, his personal attorney, doing investigations and negotiations with foreign governments on his behalf that are inconsistent with US interests and policies also undercuts the separation of powers, and having him (as a private citizen) appear to be conducting foreign policy is a potential violation of the Logan Act.

Demanding that cabinet members and other Federal officials, such as the Attorney General, exhibit unquestioning personal loyalty to him, and put that above their duty to the US and the Constitution, is a classic trait of the tyrant. Trump is acting like a wanna-be dictator, of the kind the Constitution is intended to protect against.

All of these (plus the other offenses listed above) are attempts to increase his power beyond that granted by the Constitution, and are an abuse of that power.

If the Democrats only brought the two articles because they were concerned that "piling on" more would somehow look bad, or more partisan, they are being weenies (again) and really don't seem to understand how the game has changed.

My hope is that the Democrats only brought two articles so that they can use the others later. As soon as the Senate refuses to convict on the two charges before them, the House should vote out (at least) two more. They have more ammunition - they should use it.