If this isn’t impeachable, nothing is

If this isn’t impeachable, nothing is

Tom Nichols writes:

The president of the United States reportedly sought the help of a foreign government against an American citizen who might challenge him for his office. This is the single most important revelation in a scoop by The Wall Street Journal, and if it is true, then President Donald Trump should be impeached and removed from office immediately.

Until now, there was room for reasonable disagreement over impeachment as both a matter of politics and a matter of tactics. The Mueller report revealed despicably unpatriotic behavior by Trump and his minions, but it did not trigger a political judgment with a majority of Americans that it warranted impeachment. The Democrats, for their part, remained unwilling to risk their new majority in Congress on a move destined to fail in a Republican-controlled Senate.

Now, however, we face an entirely new situation. In a call to the new president of Ukraine, Trump reportedly attempted to pressure the leader of a sovereign state into conducting an investigation—a witch hunt, one might call it—of a U.S. citizen, former Vice President Joe Biden, and his son Hunter Biden.

As the Ukrainian Interior Ministry official Anton Gerashchenko told the Daily Beast when asked about the president’s apparent requests, “Clearly, Trump is now looking for kompromat to discredit his opponent Biden, to take revenge for his friend Paul Manafort, who is serving seven years in prison.”

If this in itself is not impeachable, then the concept has no meaning. Trump’s grubby commandeering of the presidency’s fearsome and nearly uncheckable powers in foreign policy for his own ends is a gross abuse of power and an affront both to our constitutional order and to the integrity of our elections.

The story may even be worse than we know. If Trump tried to use military aid to Ukraine as leverage, as reporters are now investigating, then he held Ukrainian and American security hostage to his political vendettas. It means nothing to say that no such deal was reached; the important point is that Trump abused his position in the Oval Office. [Continue reading…]

George T. Conway III and Neal Katyal write:

Among the most delicate choices the framers made in drafting the Constitution was how to deal with a president who puts himself above the law. To address that problem, they chose the mechanism of impeachment and removal from office. And they provided that this remedy could be used when a president commits “Treason, Bribery, or other high Crimes and Misdemeanors.”

That last phrase — “high Crimes and Misdemeanors” — was a historical term of art, derived from impeachments in the British Parliament. When the framers put it into the Constitution, they didn’t discuss it much, because no doubt they knew what it meant. It meant, as Alexander Hamilton later phrased it, “the abuse or violation of some public trust.”

Simply put, the framers viewed the president as a fiduciary, the government of the United States as a sacred trust and the people of the United States as the beneficiaries of that trust. Through the Constitution, the framers imposed upon the president the duty and obligation to “take Care that the Laws be faithfully executed” and made him swear an oath that he would fulfill that duty of faithful execution. They believed that a president would break his oath if he engaged in self-dealing — if he used his powers to put his own interests above the nation’s. That would be the paradigmatic case for impeachment. [Continue reading…]

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