SoCS: RBG and MM

Last night, we received the sad news that Supreme Court Justice Ruth Bader Ginsburg passed away at the age of 87 from complications of pancreatic cancer. She was an amazing woman with a remarkable record of achievements, overcoming the discrimination she faced as a woman, a mother, and a Jewish person. As a lawyer, she argued landmark sex discrimination cases before the Supreme Court, winning five of the six cases she presented. One of her keys to success was that some of those cases were brought on behalf of men who suffered lack of access to careers or benefits that were ascribed to women, for example, allowing men to study nursing. This was able to reach the all-male justices in a way that a case brought on behalf of women did not. It was a way in to address the injustices of sexism.

As a judge and then in 27 years as a justice, Ruth Bader Ginsburg was a strong voice for equal justice under the Constitution, regardless of race or gender. As the Court became more and more conservative, she was well-known for her well-reasoned, cogent, and accessible dissents, many of which may be the basis for reversals over time, as we have seen with some infamous Supreme Court decisions in the past.

Millions of people around the country are sad, but also terrified. The terror is that Ruth Bader Ginsburg will be replaced this year by the current president, even though the election is only six weeks away. This totally flies in the face of what Senate Majority Leader Mitch McConnell did in 2016, when conservative justice Antonin Scalia died unexpectedly ten months before the election and he refused to even have hearings to vote on Merrick Garland, who was nominated by President Obama. He said that the people should have a voice in the selection through their presidential choice. The Supreme Court had to operate for over 400 days with only eight justices. Even more scandalously, there was the threat that if Hillary Clinton had won, McConnell would still not have allowed a Court nominee to be voted on in the Senate. It’s such an abuse of power.

Which brings me to the “-tion” word that popped into my head, compunction. In the midst of the mourning that immediately followed the announcement of Ruth Bader Ginsburg’s death, McConnell announced that Trump’s nominee would receive a vote in the Senate. That he had no compunction in doing so is appalling. The level of hypocrisy and the naked abuse of power is off the charts.

I am hoping that a significant number of Republican senators will stand up and say that they will not vote on a nominee under these rushed and suspect circumstances. Senator Lisa Murkowski of Alaska said last night that she would not vote on a nominee, saying “fair is fair.”

I wish I could say that I am shocked that McConnell also had no compunction in releasing his statement on a replacement right after news of Justice Ginsburg’s death broke, but he acted similarly after Justice Scalia’s death. I hope that we can focus on RBG’s legacy and life in the coming days, not the political and partisan circus that McConnell has unleashed.

*****
Linda’s prompt for Stream of Consciousness Saturday this week was a word that ends with -tion. Join us! Find out more here: https://lindaghill.com/2020/09/18/the-friday-reminder-and-prompt-for-socs-sept-19-2020/

2019-2020 SoCS Badge by Shelley!

Russia – again

People sometimes describe the torrent of daily news in the US as “trying to drink from a fire hose.” Last week, there was deservedly a lot of focus on the Democratic National Convention that officially nominated Joe Biden and Kamala Harris to run for president and vice president in November.

I want to highlight a news story that is extremely important, but that did not get as much attention as it deserved. The Senate Select Committee on Intelligence published a one-thousand(!) page, bipartisan report on “Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 5: Counterintelligence Threats and Vulnerabilities“. Yes, the link is to the actual report, just in case anyone is in the mood for a political horror story…

The report details dozens of links between Trump associates and Russian intelligence, including the relationship between one of Trump’s 2016 campaign manager Paul Manafort and Russian operative Konstantin Kilimnik. It makes clear that Russia interfered extensively in the election to aid Trump and that the Trump campaign knew it and aided in various ways.

It’s not that there wasn’t plenty of evidence in public before this. Prior investigations, reports, and court documents had already established the Russian interference, but this new report reveals even more, albeit with some redactions.

It still sickens me that the 2016 election was tainted by foreign interference, but I wish this report had been available sooner. Here we are, with the 2020 election only two months and a bit away, facing the continuing danger of Russian interference, as well as influence from other foreign countries. The US electorate expects our elections to be fair and free, yet we face foreign attacks as well as domestic shenanigans.

I hope that all US voters will take their responsibilities seriously. We need to make sure that we are receiving reliable, truthful information and that we cast our ballots in a safe and timely way. We must have this election be one of integrity so that everyone can honor the results.

SoCS: on conditions in the US

I don’t know how much more of this we can take.

“We” refers here to the United States.

This past week, we surpassed 150,000 COVID deaths and the virus is out of control in a number of states, including our three most populous. California has now passed the half million mark for cases – and the real number infected is, no doubt, much higher because mild or asymptomatic cases are unlikely to be found. There is some hope on the vaccine front with some Phase III trials beginning – the one I’m signed up for will start in August, I hope – but, even if one or more are successful, it will take months and months for enough doses to be available globally to quash the pandemic. Meanwhile, here in the US, there is still no national strategy and people are suffering because of it. Even states like mine (New York) who worked hard to get out case numbers way down are under threat of resurgence from infected people visiting our state, returning home from traveling, or coming back to our many colleges and universities. It’s terrifying.

On Thursday, the nation had an opportunity to reflect on love and justice and service. Rep. John Lewis, a central figure in the civil rights movement who went on to champion the rights of all people who suffered discrimination and prejudice – and the planet itself – was honored with a truly beautiful funeral service. Reflections were offered by clergy, family, friends, staff, colleagues, and all four former presidents, Jimmy Carter in writing and Presidents Clinton, Bush, and Obama in person. President Obama gave the main eulogy, which was also a call to action for justice and for voting rights, a cause which John Lewis literally bled for, was jailed for, and supported passionately for decades. The House of Representatives voted unanimously to re-name a voting rights bill that they had passed earlier after John Lewis. (OK, Mitch McConnell. Time to get it to the Senate and pass it into law.) Sadly, this law is needed after the Supreme Court struck down provisions of the Voting Rights Act originally passed in the 1960s, reasoning (wrongly) that the country was past discriminatory voting practices. Since then, many states have re-implemented practices that limit ballot access for citizens based on age, race, income level, location, and other factors.

To point out the threat to voting and election integrity – yes, there is also evidence of foreign election interference, as if the domestic problems weren’t bad enough – the same day as the funeral, the president floated the idea via Twitter that our November 3rd national election should be postponed. The date of the election is set by Congressional law, though, so the president can’t change it. Fortunately, even the Republicans in Congress said that the election date will not be changed. I also think there would be civil unrest if it was tried.

Still, the election is under threat from forces within the government. Each state is responsible for running its own election, but the pandemic has made in-person voting more complicated and dangerous. States are moving to make greater use of their absentee voting systems, but these usually rely on the postal service, which the president is undermining through inadequate funding and a new crony leading the postal service who is changing policy to slow service. The House of Representatives has passed legislation to allocate funds to the states and the postal service so that our election can be fair, free, and safe, but Sen. McConnell has refused to bring the bill to the Senate for a vote. His own proposal doesn’t address election integrity at all. It also doesn’t address aid to states – and it was over two months after the House passed their bill before he even put out his proposal.

During the impeachment and trial, Republicans kept saying that “the people should decide the fate of the president at the ballot box.” They should be ensuring that we can do that safely, securely, and freely, not putting up roadblocks. If they are confident in their positions on the issues, they should be eager to have the vote. This looks like they know they have failed in their obligations to protect and defend the people and the Constitution and realize they can only hold onto power by cheating and deceiving.

As if all of that wasn’t bad enough, there is more bad news on the economic front. The GDP declined at its highest rate since such things started to be calculated over 150 years ago. (GDP=Gross Domestic Product) Because the pandemic is so bad, many businesses are needing to close or scale back, so many more people are unemployed. Some who had thought they were temporarily unemployed are now permanently unemployed because their businesses that they owned or worked for are closing for good. Because the federal government isn’t helping the states, we are also facing a wave of layoffs of state and local workers. Unlike the federal government, most states are required to have balanced budgets. Their tax revenues are way down, so their budgets are broken. This can mean layoffs for police, public hospital workers, teachers, public works employees, and other essential workers that are needed even more now. This will make unemployment worse and cause more demand for anti-poverty programs – for which there is already inadequate funding. Oh, and the additional federal funds of $600/week that were added to state unemployment checks in the CARES Act this spring end this week. The House bill that passed in mid-May would extend them until January; McConnell’s new proposal cuts them way down.

Most economists advocate the federal government injecting much more money into the economy to keep it afloat until the pandemic ends. The very real fear is that what is happening now – with the CARES Act programs ending with nothing to replace them (or next to nothing) – that the steep recession will turn into an economic depression. Evictions and foreclosures, many of which had been forestalled by prior legislation, will likely accelerate, leading to an increase is homelessness and, possibly, bankruptcy for landlords who no longer have tenants. People may have even more problems finding food. There are already strains on both public and charitable food resources. Our health care system, which was already broken, will be even more overwhelmed.

I try to be realistic.

It’s hard, though, not to think that we are going to see more and more and more suffering in the months ahead.

As a nation, we need to summon more courage, more intelligence, more compassion, more reason to chart a path to restore peace, justice, and good health. I guess “restore” is the wrong word. We need to establish those things for everyone.

And we need to have the freedom to vote.

***** Linda’s prompt for Stream of Consciousness Saturday this week is “more.” Join us! Find out how here: https://lindaghill.com/2020/07/31/the-friday-reminder-and-prompt-for-socs-aug-1-2020/

2019-2020 SoCS Badge by Shelley!

fears realized

Like me, many people feared the president’s reaction to the impeachment trial vote to leave him in office.

We were not wrong to be apprehensive.

The president has removed numerous people from their posts because they dared to do their duty and tell the truth. I can barely believe that he dismissed the Director of National Intelligence because a member of his staff briefed the House Intelligence committee on Russian interference with the 2020 election. These briefings are required, not optional.

Worse, the president is denying that Russia is interfering in this election and that they interfered in the 2016 election. The 2016 election interference is well-documented and resulted in indictments of over a dozen Russian GRU officers. The conclusion on Russian meddling in 2016 is supported by all the US intelligence agencies, the Democratic-led House Intelligence committee, the Republican-led Senate Intelligence committee, the first volume of the Mueller report, and the Mueller grand jury that handed down the indictments. We ought to have been preparing since 2016 to better secure our campaigning and election security, but the denial by the administration has kept Congress from passing needed legislation.

It’s terrifying.

The new acting Director of National Intelligence has no intelligence experience and is keeping his current job as ambassador to Germany. Meanwhile, the president has assigned his former bodyman to clear out appointees in various departments and agencies who he feels are not sufficiently loyal to him.

Civil servants and elected officials do not swear an oath to obey the president. They swear to uphold the Constitution and the laws of the United States.

Of all people, the Attorney General should know this, but he has been undermining the work of his own department.

There are many people of good will and good morals who are trying very hard to ensure that the election is fair and that our government returns to respecting the rule of law and human rights. I hope we succeed, but, until it happens, I will be very afraid.

 

 

What a week!

I started the year by posting for 33 days in a row, thanks largely to Linda’s Just Jot It January.

Then, I fell off the wagon.

Today, though, I am taking advantage of being kept inside by a snowstorm to try to process what has been a surreal week into a post.

On the personal side, my spouse B has been involved in a major workshop week with co-workers from the US and Germany, so he has been working loooong days, sometimes capped off by group dinners that run late into the evening. Between his schedule and working around the weather, things were already feeling unsettled here.

This just added to what has been a very unsettling week here in the United States. T and I had watched giant swaths of the impeachment trial of Donald Trump. The House managers who served as prosecutors were very methodical in laying out their case. The president’s defense team was much harder to follow and tended to be in conflict with both some of the evidence and some of what other members of the team had presented. Their arguments were often circular.

For example, one of the arguments that the president’s team was making against the second article of impeachment for obstruction of Congress was that the House should have gone to court to enforce their subpoenas. Meanwhile, a court case that the House had brought trying to enforce subpoenas in the ongoing investigation of Russian election interference saw the Justice Department lawyers arguing that the courts weren’t the proper remedy, that impeachment was! As Rep. Adam Schiff, who was leading the House managers, said, “You can’t make this stuff up.”

Because the Senate had voted not to call witnesses or request documents, the first part of the week was about senators being able to speak for ten minutes about their reasoning behind their upcoming trial vote on Wednesday. However, on Tuesday night, President Trump gave his State of the Union address before a joint session of Congress.

The State of the Union is usually a very formal and solemn opportunity for the president to lay out their agenda for the coming year, including what legislation they would like to see taken up by Congress and passed. It was obvious from the start that this address was not going to follow that norm, when the Congressional Republicans started chanting “four more years” before the president even began speaking.

Much of the president’s message mirrored his campaign speeches. As a reasonably well-informed citizen, I knew immediately that some of the things the president was claiming were not true. He tried to take credit for things that actually happened during the Obama administration. He said he would always protect health insurance for those with pre-existing conditions at the same time the Justice Department is in court trying to have those protections under the Affordable Care Act thrown out.

It was surreal.

The State of the Union often features special guests of the president who sit in the gallery near his family. Their stories are inspiring and heart-warming. President Trump added a twist, though, in that most of the people received a surprise reward.  This seemed to harken back to Donald Trump’s experience as a “reality show” celebrity. A couple of these surprises made me cringe. There was a girl, attending with her mom, who received a scholarship to attend a private school. Education is a wonderful thing and I am happy for this girl, but the president framed it as her leaving “a failing government school.” In the United States, we don’t call them “government schools”; we call them public schools. One of the responsibilities of our government is to provide free public education through primary and secondary school. If a public school is doing poorly, it is up to our government at all levels, working on behalf of the taxpayers, to ensure that the school is brought up to a high standard – for the good of those students and the general public. To see the president totally abrogate responsibility for our public schools, which serve the vast majority of US students, was disheartening.

The shocking part of the evening was the “surprise” awarding of the Presidential Medal of Freedom to talk radio personality Rush Limbaugh. This is the highest civilian honor in the United States and is usually given to individuals who have brought people together in a positive way. By contrast, Rush Limbaugh has been sowing division for decades. He regularly belittles people who don’t follow his particular brand of conservatism. [Fun fact: He once railed against a women’s prayer group of which I was a member. We were a small, local group getting lambasted on nationally syndicated radio. It was ironic, because his actions gave us more power and visibility and led to a 60 Minutes interview.] Limbaugh has recently revealed a stage 4 lung cancer diagnosis; it is appropriate to ask for prayers and well wishes on his behalf, but the Medal of Freedom is not an appropriate honor for so divisive a figure.

Speaking of prayer, yesterday was the National Prayer Breakfast, which is sort of an unusual occasion in and of itself, but I can’t give its history here as this post is already shaping up to be long. First, though, there needs to be a wrap-up of the impeachment trial.

As expected, Trump was not removed from office. All the Democratic and independent senators voted for removal on both counts. There had been hope that some of the more moderate Republicans would join them, especially on the abuse of power article. Several Republican senators, in opposition to the president’s assertion that his behavior was “perfect”, issued statements saying that what the president did was inappropriate but didn’t warrant removal from office so they were voting for acquittal.

In the end, one Republican, Utah senator and former presidential nominee Mitt Romney, did vote to remove the president on the abuse of power charge. In his ten-minute floor speech, he spoke about how difficult this decision was. He is a devout member of the Church of Jesus Christ of Latter Day Saints (Mormons) and because he had sworn an oath to God to deliver “fair and impartial justice” and because the House managers had put forward convincing evidence of the president’s abuse of power, he decided that he must follow his conscience and vote to convict. He did not let political expediency deter him from his obligation to follow the dictates of his faith and the Constitution. He has faced immediate backlash from the president and other members of the Trump family, as well as from some of the conservative media. I appreciate Romney’s integrity. It took a lot of courage to vote against a president of one’s own party in an impeachment trial. Indeed, this is the first time that that has happened in the United States.

Which brings me back to the prayer breakfast…

The keynote had been on the subject of love and, in particular, the Christian call to love one’s enemies. When President Trump, who is ostensibly Christian, spoke, he proceeded to attack the faith of those he considers his enemies. After speaking about the impeachment, he said, ” I don’t like people who use their faith as justification for doing what they know is wrong.  Nor do I like people who say, ‘I pray for you,’ when they know that that’s not so.” This was a thinly veiled attack on Sen. Romney for his impeachment vote and House Speaker Nancy Pelosi, who, in answering questions from reporters has revealed that she prays every day for the president. Speaker Pelosi was sitting at the head table, only a few feet away from the president as he spoke. As a fellow Catholic, I admire Nancy Pelosi’s prayer life and don’t doubt for a minute that she sincerely prays for the president and for our country every day. That the president dismisses people of faith, equating his own viewpoint as being right and theirs as being “wrong”, compounds the damage that he has done to our country.

After President Clinton’s impeachment and trial, he apologized again to the country and made a plea for reconciliation and moving forward as a nation. (He was impeached for lying under oath about an affair.) By contrast, when President Trump spoke later in the day after the prayer breakfast, he did not admit any wrongdoing and blamed everything on Democrats and anyone else he considers an opponent.

At this point, without a unifying leader, I don’t know how Americans can fully come together as a nation to meet our challenges. I do want to point out, however, that, under Speaker Pelosi’s leadership, the House of Representatives has passed over 300 bills, the vast majority of which are bipartisan, that Majority Leader McConnell has refused to take up in the Senate. I am a member of NETWORK lobby for Catholic Social Justice. Every Congressional session, NETWORK scores the votes on ten bills that deal with social justice issues, such as fair pay, access to medical care, and equal justice. For the first time ever, this year they were unable to score the Senate because they hadn’t held votes on the bills that were companions to the House-passed bills. I and millions of other Americans expect and deserve more.

I swear that I did not spend the whole week on nothing but politics. I wrote a new poem in response to a challenge on The Ekphrastic Review. If it gets accepted, you can be sure there will be a link here at Top of JC’s Mind – and a mini-celebration that I managed to get a poem published in 2020.

Now, I think there is a snow shovel that is calling my name…

 

 

finished and unfinished

The opening statements are finished.

The presentations from the House managers (the prosecutors) and the President’s counsel (the defense) are finished.

The two days of questions from the senators and answers from the teams are almost finished.

Tomorrow, there will be votes to consider hearing from witnesses and obtaining documents from the executive branch. The vast majority of US voters want there to be witnesses and documents as part of the trial. Many of us have been called to jury duty and know that fair trials always have witnesses and documentary evidence. Unlike presidential impeachments of the twentieth century, this one was not preceded by a special or independent counsel investigation, so there were not tens of thousands of pages of documents, depositions, and testimony already assembled. In the current impeachment, this was compounded by the blanket assertion of the president that he did not have to turn over any documents or allow any testimony from anyone in his administration. This is totally unprecedented. During the impeachment investigation of Richard Nixon, he directed all of his staff and Cabinet to testify before the Congressional committee and turned over documents. Some of the staff went to prison because of their wrongdoing. When the Oval Office tapes were revealed and Nixon tried to not turn them over as evidence, the Supreme Court quickly ruled that they must be turned over to the Congress. Hiding evidence of a corrupt act is also a corrupt act.

Still it appears that the Republicans want the trial finished this week before the Super Bowl, the Iowa caucuses, and the President’s State of the Union address.

If the Republicans vote to not have witnesses called and vote to acquit, the trial will still feel unfinished. More evidence will come out in the days and weeks ahead and people will rightly ask why the evidence was not presented at the trial. They will also rightly ask if the senators upheld their oath to do “impartial justice.”

When things are left unfinished, there is a sense of unease.

I think uneasiness lies ahead for the US.
*****
Join us for Linda’s Just Jot It January! Following prompts is not required, but I chose today to use the prompt “finished.” Find out more about Just Jot It January here:  https://lindaghill.com/2020/01/30/daily-prompt-jusjojan-the-30th-2020/

awesome

I have been watching major chunks of the impeachment proceedings against Donald John Trump, as he is officially referred to in the impeachment and trial.

The House managers, members of the House of Representatives who act a prosecutors, have been impressive in presenting their case, as well as pointing out which documents and testimony they have subpoenaed, but not received, which relates to the second article of impeachment, obstruction of Congress. (The first article is abuse of power, which, in this trial, is related to solicitation of Ukraine for help in the president’s election bid.)

The House managers take turns presenting evidence in a very methodical way, using video clips, emails, phone records, etc. to make their case. They are all well-prepared and well-spoken, but one is especially awesome – Representative Adam Schiff of California.

Rep. Schiff was a federal prosecutor and has comprehensive knowledge of the law. He chairs the Senate Intelligence committee, which did most of the fact-finding in the case, and was named lead House manager. As such, he has acted as the “closer” for the presentations, speaking with conviction and, at times, passion about the United States, our laws, and our futures. I found the closing of the second day of testimony to be especially powerful.

There was some talk, although not from him, that Adam Schiff might run for the Democratic nomination for president in 2020. I’m glad that he didn’t, because he is exactly where our country needs him the most right now, speaking up for the Constitution and laws and against corruption.

The case that he and the other House managers have made is so compelling that I am frightened when I hear that some Republican members of Congress are dismissing them totally and that the president will engage in even more corrupt behavior, knowing he will not have to suffer the consequences for his actions.

I am terrified for both the short-term and the long-term consequences for our democracy if a president is allowed to be so openly corrupt and is not removed from office. With Rep. Schiff, I believe, “Right matters and the truth matters.”
*****
Usually when I post on Saturdays, I follow Linda’s Stream of Consciousness prompt. This week’s involved writing about the last unsolicited business call we received, but, between caller id, do not call registry, and new spam blocking, I don’t receive those kinds of calls anymore. Instead, you are subjected to more non-stream-of-consciousness posting on the ongoing impeachment trial of Donald John Trump. I’m sure that is more painful than unsolicited business calls.

But, please visit Linda here, and join the fun for Stream of Consciousness Saturday and/or Just Jot It January.

trepidation

As I am starting to write this, it is about 8 AM EST, which is the same time zone as Washington, DC and I am watching the morning news. The lead story is the impeachment trial, which will begin at 1 PM. The reason it needs to start in the afternoon is that Chief Justice John Roberts will preside over the Senate trial while still presiding over the Supreme Court for its sessions that are held in the morning.

Beyond that, there are many unknowns.

Last evening, Senate Majority Leader Mitch McConnell finally released his proposal for the ground rules of the trial. Although he has been saying they would be like the last presidential impeachment trial, which was President Clinton’s in 1999, they differ in significant ways.

Perhaps what I find most shocking is that the evidence from the House impeachment investigation is not going to be automatically entered into the record. In the Clinton trial, there were hundreds of pages just from the Starr report, plus underlying evidence, that were entered into the record. I hope that there will be an amendment for evidence inclusion while the rules are debated. Even though Republicans have the majority, they should all vote for evidence! How can there be a trial without evidence?

Sen. McConnell has said that he is coordinating with the White House whose strategy appears to be to argue that the House didn’t have legal and Constitutional grounds for impeachment. Even so, I think evidence is important to make that argument. I myself am curious about how they can argue no laws were broken when withholding Congressionally approved aid is illegal according to the Government Accountability Office (first article) and Roger Stone was recently convicted of obstruction of Congress (second article).

Another strange thing about McConnell’s rules is that the timeline is so condensed. Each side has 24 hours – but only two days – for opening arguments. [Update: McConnell extended this to three days, just as the trial began.] Given that the proceedings can’t start until 1 PM and there will need to be some breaks for participants to attend to personal needs, the trial could go into the early morning hours. This is a punishingly long day, especially for Chief Justice Roberts, who needs to be at the Supreme Court for morning session. It also makes it nearly impossible for the public to watch the entire trial, although some media specialists have pointed out the trial will be ongoing during television prime time. This could lead to the legal teams timing their strongest arguments to coincide with when more voters would be available to watch.

When the rules for the Clinton impeachment were passed, the vote was 100-0. The senators had worked together to come up with the rules. This time, McConnell has drafted the rules himself with no input from Democrats. Given that the Republicans hold 53 seats, McConnell’s rules could pass without amendment. This would fly in the face not only of fairness but also of public sentiment. Support for impeachment and removal from office is about 50%. Support for a fair trial with witnesses is even higher, about 70%. By contrast, only a third of Americans wanted Clinton removed from office. While additional witnesses were not initially allowed, there was a vote for additional witnesses during the trial; they gave written testimony.

In the current trial, unless there is a surprise in the rules vote today, the vote on additional witnesses can’t take place until both sides have presented opening arguments and the senators have had 16 hours of questions. Witnesses are especially important in this trial because the White House has blocked testimony and documents from the House investigation. There has been a lot of circular reasoning from the Republicans on the impeachment and trial.  They are saying that the Democrats haven’t proven their case but the House’s requests for documents and witnesses have been blocked, so how could they prove the case, especially if they won’t accept the evidence that the House was able to obtain, including from some witnesses who honored House subpoenas, even when the White House told them not to?

This is mind-boggling. It’s one thing for the White House to argue that the behavior doesn’t rise to the level of impeachment. It’s quite another to not allow the House to make their case based on facts from evidence, testimony, and the Constitution and laws.

Given that all senators took an oath to “do impartial justice according to the Constitution and laws,” they should vote no on anything that restricts evidence.

I won’t hold my breath…

[Note: this is a synopsis of what I am seeing on the news, with a bit of my reaction. It is certainly at the top of my mind today, but I am also including it because there are people who get news from blogs rather than more traditional media who might be interested, as well as people outside the US who might not have as much access to this information.]
*****
Join us for Linda’s Just Jot It January! Find out more here:  https://lindaghill.com/2020/01/21/daily-prompt-jusjojan-the-21st-2020/

 

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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following impeachment

While I wasn’t able to watch all the impeachment testimony and debate and read all the reports, I was able to digest major chunks of it. There is a lot of factual evidence supporting the now-passed articles of impeachment. Even the Congressional Republicans weren’t often trying to dispute the testimony of the fact witnesses, instead arguing about process or trying to advance debunked conspiracy theories to muddy the waters.

It’s discouraging how little many people, including some in government, understand about the Constitutional process of impeachment by the House and trial in the Senate. Impeachment is roughly equivalent to a grand jury indictment in the judicial system. It is a vote on whether or not there is sufficient evidence in support of the article of impeachment to warrant a trial. Unlike a criminal trial, impeachment does not require a specific “crime” as misconduct, corruption, and ethics violations often don’t fit neatly into legal frameworks. One of the differences in the Trump impeachment compared to proceedings against Clinton and Nixon is that most of the investigation happened within the House committees themselves. In the Nixon and Clinton investigations, there was extensive investigation by the Justice Department that was passed on to the House; in Trump’s case, the Justice Department refused to investigate and the White House refused to honor subpoenas for testimony and documents, hence the second article of impeachment for obstruction of Congress.

The two articles of impeachment passed by majority vote in the House, so President Trump has been impeached. Period. The articles of impeachment not having been conveyed to the Senate yet is irrelevant. If the Senate acquits at trial, it does not erase the impeachment.

When the Senate does hold the trial, all the senators are sworn in as triers of fact by the Chief Justice of the Supreme Court, who is the presiding officer. House members will act as prosecutors and the president’s lawyers will be defense attorneys. In order for there to be removal from office, 2/3rds of the senators must vote to convict.

One of the appalling things that has happened is that some of the senators, including the Majority Leader Mitch McConnell, have publicly stated that they are not impartial. What will happen when they are asked to swear an oath to deliver “impartial justice”? Will there be consequences if they swear to it without intending to follow through? I can’t imagine they will recuse themselves rather than lie in taking the oath.

I do hope that the trial will be full and fair with relevant documents and testimony. All the senators and the public should hear the facts of the case. Although I know that it is unlikely that 2/3rds of the senators will vote to convict, it is important for the voters in the next election to know what has happened and for history to have an accurate record.

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