and so it begins…

Yesterday, House Speaker Nancy Pelosi signed the articles of impeachment and named seven impeachment managers, House members who will act as prosecutors in the Senate trial. The managers ceremoniously walked the articles through the Capitol to the Senate Chamber, starting a 24-hour clock in which the trial must begin.

Much is being made of the way Speaker Pelosi signed the bill, using a different pen for each letter. That is often done when signing historic legislation, so that people who are important to that piece of legislation have a memento of it. I remember the ceremony when President Obama signed the Affordable Care Act in this fashion; one of the pens went to the head of the Catholic hospitals who had publicly advocated for passage of the bill.

Some have questioned the solemnity of the procession through the Capitol building, but this is part of the Congressional tradition, seen most recently after the impeachment of President Clinton. Among the House managers, who will act as prosecutors in the trial, are Representatives Adam Schiff and Zoe Lofgren. Rep. Schiff is a former prosecutor who is chair of the House Intelligence committee, which is conducting an ongoing investigation of the Ukraine situation at the heart of the impeachment articles. This is the third impeachment on which Judiciary committee member Rep. Lofgren has worked. As a law student, she assisted the Judiciary committee in drafting the articles of impeachment against Richard Nixon. She was a member of the Judiciary committee during the Clinton impeachment.

Speaker Pelosi has been criticized for not sending the articles to the Senate immediately after the House passed them in December, but, at that point, Congress was getting ready to adjourn for a long holiday break. During the break, more evidence in the case became public and even more has come to light in recent days. This is important particularly if Senate Majority Leader Mitch McConnell blocks new evidence at the trial. It has also given the public a chance to see more of the evidence, which puts pressure on senators to actually consider the evidence instead of voting only by party.

Today, Supreme Court Chief Justice John Roberts will swear in each senator to “do impartial justice according to the Constitution and laws.” Some senators, most notably Mitch McConnell and Lindsey Graham, have stated publicly that they are not impartial. Other senators have made a point of not reading the depositions and testimony gathered by the House. There is a question of whether or not there will be new evidence accepted or if there will be subpoenas for additional witnesses to testify. The House investigation was impeded by the White House and the rest of the executive branch, which refused requests for documents and testimony, even when it had been subpoenaed. A few officials chose to honor the subpoenas on their own and gave valuable testimony to the House investigation. Some documents were released through Freedom of Information requests from non-governmental organizations. The way the president and his staff have treated legitimate requests from Congress seems to me to prove the second article of impeachment, obstruction of Congress.

I hope that, now that the time has come, each senator will treat their oath seriously. If they do not, I hope that they will either not run for re-election or will be defeated if they do. The public deserves a full and fair trial. If the president is not removed from office, “we the people” need to know the extent of the evidence against the president and his team, including the vice-president, in order to inform our voting decisions in November.

The senators should also soberly consider the impact of their decisions in this case on the country’s future. The president has publicly called on foreign powers to interfere in both the 2016 and 2020 elections. Evidence already available supports this. A vote against the first article of impeachment means that the senator believes that an attack on our national sovereignty is not a “high crime or misdemeanor” – or is only a high crime or misdemeanor if the president is not a member of their party. A vote against the second article of impeachment means that it is okay with that senator for a president to defy all requests for documents and testimony, making constitutionally mandated oversight of the executive branch by the Congress impossible. It means that there is no longer a system of checks and balances among the three branches of government and that the president can get away with any action, however illegal, immoral, or unethical it may be – again, presumably, if the president is a member of your party.

That kind of political expediency may save a Congressperson’s seat for now, but will most likely be judged harshly by history.
*****
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One-Liner Wednesday: Presidents

“Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings. This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control.”
~~~ U.S. District Judge Ketanji Brown Jackson in her 120-page opinion that former White House Counsel Donald McGahn must comply with a Congressional subpoena
*****
Join us for Linda’s One-Liner Wednesday! Find out how here:  https://lindaghill.com/2019/11/27/one-liner-wednesday-im-gonna-make-it/

Badge by Laura @ riddlefromthemiddle.com

after the report

Nana is dozing in her recliner, so I thought I would try to do a quick post on my reactions so far to the redacted release of the Mueller report. With everything going on in my family life, I haven’t been able to read all 400+ pages, but have seen excerpts and analysis from lawyers and investigative/legal reporters, which I have found very helpful.

As longtime readers may recall, I was very concerned about Russian hacking and interference in the 2016 US presidential election, even before the voting took place, so volume one of the report, which details the Russian attacks, is chilling. It reveals how extensive the attack was, confirming that it reached millions of potential voters, some of whom were targeted with particular posts or ads because of where they lived, their race, and other personal factors. It also deals with the hacking of the Democratic National Committee and other campaign systems with release of materials to the public, as well as attempts to hack voting systems.

I am very concerned that Congress has not done enough to help the FBI and the states and localities identify potential weaknesses, especially in technology systems, and rectify them for the 2020 race, which has already started with many candidates declaring their intent to run in the party primaries. We need to be prepared for both similar attacks and for different kinds of attacks from Russia and from other countries. This should not be a partisan issue at all; people across the political spectrum should all be committed to protecting our national security and our freedoms.

The second part of the report is about possible obstruction of justice by the President. It makes it clear that no charges were filed because it is Justice Department policy not to indict a sitting president. Mueller also made it clear that he could not gather all the evidence needed, as the President and several other key figures were not able to be interviewed by the investigators. However, the report lays out details of possible counts of obstruction, which could be taken up by Congress as part of their investigations (which could lead to the filing of impeachment charges) or which could be charged by the courts after Trump leaves office. The statute of limitations for most of the actions taken by the president is five years, so if he leaves office during his first term or fails to win a second term, court charges could be brought for obstruction of justice.

The question of whether the House of Representatives will move toward impeachment is open. It’s complicated by the fact that the Mueller investigation was focused on Russian interference, but there are investigations on-going in other areas, among them illegal campaign contributions, emoluments, and financial crimes. Trump is trying to block them by ignoring subpoenas, not providing records, and not allowing even former staff to testify to Congress. It’s plausible that this could cause additional impeachment charges of obstruction for not cooperating with a Congressional investigation.

Additionally, people have to be aware that the standards for impeachment are different than they are for court trials. For example, one of the impeachment charges against President Nixon was lying to the American people. There isn’t a specific law against this, but it is considered a “high crime or misdemeanor,” which is the Constitutional impeachment criteria.

Some people say that Congress should just wait until the 2020 election, but I disagree. I’m afraid if these things aren’t investigated, with impeachment charges filed if found appropriate, it will look as though anyone who is elected president can get away with breaking laws and ethical codes for four years without consequence.

That is a terrible message to send. We, the People of the United States, deserve better.

uneasy times

I thought that I had mentally prepared myself for DT’s presidency, thinking that Congress would step up and cooperate to create sound legislation to keep us on a reasonable track.

I was, of course, totally wrong.

As of today, the United States government is in partial shutdown for a record 27 days and counting. 800,000 federal workers are either furloughed or working without pay, including the Coast Guard, air traffic controllers, and food inspectors. There are also one million contractors who work at government facilities who are not working and who, unlike federal workers, will not get back pay when the shutdown ends. Besides the workers and their families, there are also other businesses that rely on government work/ers as their customers, and are experiencing big drops in revenue as a result of the shutdown.

One of the frustrating things is that this shutdown should not have happened in the first place. After a prior (brief) shutdown, the last Congress had agreed on spending levels for all departments for 2018-2019. Some of the appropriations bills were passed by both houses of Congress; these departments are not affected by the shutdown. The remaining bills followed the previously agreed upon funding levels, but were not voted on in time to go into effect before the shutdown began. Although the House in the new Congress has now passed the same appropriations bills that the Senate in the prior session had previously passed, Republican Majority Leader Senator Mitch McConnell will not hold new votes on these bills to re-open the government because the president doesn’t approve, citing lack of $5 billion for a wall on part of the southern border.

It is, however, Congress’s Constitutional duty to control government spending. Therefore, I think that the Senate should pass these bills so the government can re-open – and because it is their duty to fund the government. Then, the ball will be in DT’s court. He can sign the bills and everyone can get back to their jobs serving the public. He can veto the bills, which would return them to Congress for a vote to over-ride, which might be possible as the pressure builds on Republican members of Congress to restore government services. The third option is that the president refuses to sign the bills without vetoing them, which would mean that they take effect in ten days.

The government needs to be about its business of serving the people. The human toll is already mounting and will continue to mount if government is not fully open soon. Many current government workers may be forced to take other jobs to support themselves and their families, which would be crippling to the functions of the affected departments when they do re-open.

Of course, this is not happening in a vacuum. Over the past couple of weeks, in court filings, testimony, interviews, and investigative reporting, there have been ever more alarming stories about the administration’s relationship with Russia and with NATO and sad and disturbing stories from the Middle East. It seems that the White House is overwhelmed with its responsibilities and incapable of dealing effectively with either domestic or foreign affairs.

The United States government has weathered a lot of storms. I’m hoping and praying we come through this one, too.
*****
Join us for Just Jot It January! Today’s pingback link is here:  https://lindaghill.com/2019/01/17/jusjojan-2019-daily-prompt-jan-17th/
More information and prompts here: https://lindaghill.com/2018/12/31/what-is-just-jot-it-january-2019-rules/

 

this week in the US

I have expressed unease over the way things are going with the United States government, especially the executive branch, over these past two years.

The news of court cases and filings, some related to the Mueller investigation and some not, firings/resignations, and policy changes on both foreign and domestic matters have been particularly intense over the last few weeks.

Still, I wasn’t prepared for the torrent of news this week, especially the sudden announcement of the withdrawal from Syria and the subsequent resignation of Secretary of Defense Mattis.

And the week isn’t over yet.

It’s likely that there will be a partial government shutdown. It’s possible that, with the president being so unpredictable, some other countries might take provocative actions, thinking the US is too preoccupied to respond.

I’m really scared.

One-Liner Wednesday: RIP, President Bush

America is never wholly herself unless she is engaged in high moral principle. We as a people have such a purpose today. It is to make kinder the face of the Nation and gentler the face of the world. My friends, we have work to do.”
~~~
 President George Herbert Walker Bush (1924-2018) from his inaugural address
*****
Join us for Linda’s One-Liner Wednesday! Find out how here:
https://lindaghill.com/2018/12/05/one-liner-wednesday-writerslife/

#1linerWeds badge by Cheryl, at https://dreamingreality646941880.wordpress.com/

indictment of Russian military officers

I am appalled at DT siding with Putin against the very real evidence of crimes against the American people around the 2016 election by members of the Russian military.

The indictment is detailed and, of course, the grand jury, ordinary United States citizens doing their civic duty, saw the evidence behind the counts listed.

Russia will not extradite the officers to stand trial, so the trial will need to be held in absentia.

All members of Congress should speak up and support the Justice Department and courts as this process moves forward. They should also pass legislation to secure the 2018 and future elections.

They must also denounce the president for taking the side of Putin and Russia against the United States. I can barely believe the depths to which DT has sunk, as he denigrates our long-time allies while praising authoritarian leaders.

The Congressional oath of office begins, “I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic…” I call on all members of Congress to fulfill their oath and protect our democracy.