Dear Senate Republicans not named Mitt Romney,
You did this. You did this to us. Your craven dereliction of duty enabled the nightmare to continue and, predictably, get worse. We have almost four and a half more months before the voters pick up after you and seven months of peril to endure. Whatever evil Donald Trump perpetrates as a desperate candidate and then as a bitter lame duck is on you. This will be on top of the immeasurable harm he has done since you emboldened him with your vote on February 5 not to remove him.
It was right there before you: a lock-tight, unassailable two-article impeachment. It could have been twenty-two articles or two hundred and twenty, of course. Was the House’s inclination to keep it a simple, manageable, straight forward two articles understandable? Yes. I would have included more, the Mueller stuff at least, however, because it too was right there – fully developed, consistent, and equally compelling.
The Articles of Impeachment
The second article, for obstruction of justice, was particularly straight-forward. President Trump flatly and publicly forbade anyone in his administration from cooperating at all – with documents or testimony. Indeed, he boasted about obstructing justice. Retaliation for anyone who properly responded to lawful subpoenas was swift and severe. That these witnesses undoubtedly knew what the consequences would be for telling the truth not only makes their devotion to duty more laudable, but bolsters their credibility.
There were no material facts in issue. The obstruction was a blanket refusal to cooperate, or permit anyone else to cooperate, with the Congress in fulfilling its oversight duties. Nixon’s cover-up in Watergate, which Republican congressional leaders assured him was indefensible, was trifling by comparison. Your failure to convict weakened the Congress as a co-equal branch.
The first article was no less compelling. The backdrop was a new president of the Ukraine, Volodymyr Zelensky, desperately seeking US assistance in fending off Russian aggression. Official US policy to provide it was clear; an appropriation was in place. Zelensky was most anxious for two things, a meeting with President Trump to affirm to Russia and the rest of the world America’s support, and disbursement of the military aid. Each was withheld by a President Trump bent on benefiting himself.
Quid Pro Quo
The two main defenses, if they can be called that, seem to be that (1) There was no real quid pro quo and (2) Trump was concerned about corruption in Ukraine. Which of these is more laughable is a close contest, but I vote for (2). In fact, the depiction of Donald Trump as a crusader against corruption may be the single funniest thing ever said about him – unintentionally funny though it may be.
That is to take nothing away from the absurdity of the quid pro quo argument. In the infamous phone call of July 25, 2019, there comes a point where Ukraine’s President Zelensky brings up the topic of US military assistance for Ukraine. He refers specifically to the need to acquire more Javelin anti-tank missiles. President Trump’s reply is “I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it.”
The favor sought by President Trump: Zelensky was to announce and conduct investigations of two preposterous notions: (1) Ukraine, not Russia, interfered in the 2016 presidential election and (2) Joe Biden sought the removal of Ukraine’s Prosecutor General Victor Shokin because he posed a threat to a company (Burisma) whose board included Biden’s son, Hunter.
Anyone in Trump’s administration could have told him how ridiculous and thoroughly discredited these theories were; many in fact did. Russia’s massive interference in the 2016 election was a matter of voluminous, detailed record. And the truth regarding Shokin’s removal was exactly the opposite of Trump’s narrative. Biden’s position on Shokin as Vice President was official US policy, and that of America’s allies, precisely because Shokin did NOT prosecute corruption in Ukraine.
Hunter Biden may have been guilty of attempting to ride the coattails of a well-known father. This is something Donald Trump knows more than a little about – as both a son and a father.
When I hear that asking for a “favor” in return for desperately needed aid is not quid pro quo, a reverie comes to me. It’s a mashup of scenes from old gangster movies: [An Edward G. Robinson-like figure has a rival gangster tied up in a chair.] “Yeah, listen here, you, see? I unnerstand you got a pretty little daughter. If ya ever wanna see her again, you’re gonna do me a little favor, see?” For some reason, the point is clear without needing to add, “That’s the quid pro quo, see?”
Briefly, on Some Legalities
The hold itself was illegal under two federal statutes, regardless of reason, as increasingly frantic emails between OMB and DOD make clear. The Department of Defense realized it was becoming impossible to properly spend the money appropriated in the fiscal year ending on September 30. The Office of Management and Budget knew this, of course. They also knew the legislature holds the “purse strings” and the executive branch can’t just say “screw it”, but was not in a position to explain the hold or to comply with the law’s formal requirements to rescind. (See the Appropriation Act and the Impoundment Act of 1974.)
The reason for the hold was much worse; no wonder no one wanted to explain it in writing. It is a serious violation of federal law for (a) a person to (b) solicit, accept or receive (c) a contribution or donation of money or other thing of value, (d) in connection with a Federal election (e) from a foreign national. (52 USC 30121) If it’s illegal for anyone to receive anything of value from a foreign national in connection with any election, what is it for a president to solicit dirt on a political rival in an upcoming presidential election from a foreign nation – all in return for release of aid to which that nation is already entitled?
On Mens Rea, or “Guilty Mind”
I’ve heard it argued that Donald Trump could not have committed high crimes and misdemeanors because he is too dopey to form the requisite criminal intent. Among the serious problems with this, three stand out. First, being stupid and being evil are not mutually exclusive; one can be both. Second, what kind of defense is this for a president? Third, Mr. Trump has many serious flaws on constant display, but stupidity is not one of them. He is colossally and willfully ignorant, but not stupid. For years, he has said and done any number of stupid things – not because he doesn’t know any better, but because he wants to say and do them. The fact that he has gotten away with them so far makes him one of the greatest con men of our time.
Trump knew exactly what he was doing with Zelensky, alright. We all know exactly what he was doing. So did Zelensky, of course, who was loathe to becoming a pawn in US politics. In the build-up to the phone call of July 25, the single biggest point made by Trump’s people to Zelensky and his people was this: If he ever wanted the aid disbursed or his White House visit, he had to convince Trump in this phone call that Trump would get his investigations. In fact, it was critical that Zelensky make clear he was about to publicly announce the Biden investigation. The announcement mattered more than an investigation everyone knew would yield nothing.
Another reverie: I find myself wondering whether Vladimir Putin was miffed to learn that his favorite protégé believed Russia alone wouldn’t be enough to overcome Biden in 2020. After all Russia did for him in 2016? While that weird Putin/Trump thing undoubtedly endures, it had to rankle a bit that Trump resorted to asking Ukraine. Then again, Trump even asked China to investigate Biden. (Didn’t need Bolton for that; we saw Trump say it on TV.) When all is known, countries Trump has not asked to investigate Biden may feel left out.
Consequences of Your Vote
There will be many books, but it will take a treatise, someday, to adequately recount the harm that has resulted from your vote to acquit. For now, this brief summary will have to suffice.
Balance of Power
President Trump’s relentless attacks on checks and balances, and any restraint on his power whatever, have intensified. Two of the many troubling examples are letting inspectors general go when needed most and the ongoing politization of the Department of Justice.
An agency has an inspector general to have someone relatively independent of politics ensure that the agency conducts its affairs properly. They are on the lookout for the proverbial fraud, waste, and mismanagement. Honest leadership welcomes such overview. Firing IGs for looking into matters uncomfortable to those doing the firing is more than a bad look.
Trump said while letting intelligence IG Michael Atkinson go, “He took this terrible, inaccurate whistleblower report and he brought it to Congress”, thus setting in motion the impeachment. In other words, he did his job – one of two unforgivable sins in this administration. (The other is telling the truth.) The removal of Glenn Fine, Christi Grimm, Steve Linick, and Mitchell Behm all make for interesting reading, especially given what they were working on, including (for Fine and Behm) oversight of the largest stimulus package in American history.
The politization of the Department of Justice famously includes interference in actual cases (Michael Flynn and Roger Stone). Hot off the press, the firing of US Attorney Geoffrey Berman was a typical Trump operation. First AG Barr lied that Berman had resigned. Then he said Trump did it. Then Trump said Barr did it. There is no suggestion that Berman was doing a bad or even mediocre job in the Southern District of New York. With the merits nowhere to be found, speculation that Berman was doing too good a job fills the void, with talk of Ruby Giuliani or a state-owned Turkish bank and another international bad-boy buddy of Trump, President Erdogan. This should be great for sales of Bolton’s book.
The American Bar Association for years has been promoting the Rule of Law all over the world. It seems the focus should shift to the United States.
Pandemic
Petrified by what a pandemic might do to the economy and his prospects for re-election, President Trump resorted to denial and an absolute refusal to lead in any respect when it mattered most. The mind boggles at what might have been accomplished by way of coordination, information exchange, adroit use of the Defense Production Act, and so forth, to maximize an effective response.
Not content with mere inaction and epic mismanagement of the crisis, Trump went out of his way to make up or pass along dangerously false information, undermine medical experts and his own CDC, and “lead” by atrocious example. Just listing by bullet points the examples would take up an entire post on this blog. You knew better when Trump called COVID-19 a hoax by liberal Democrats, then later said the Democrats politicized the pandemic. You, too, had to cringe listening to such pronouncements as it’ll just go away, you could even go to work with it, and you’d benefit from ingesting disinfectant.
For those who find it amusing to have a POTUS say outlandish things, there is a recent CDC poll of 502 Americans representative of the US population. Thirty-nine percent reported intentionally engaging in at least one high-risk practice not recommended by CDC… including application of bleach to food items (e.g., fruits and vegetables) (19%); use of household cleaning and disinfectant products on hands or skin (18%); misting the body with a cleaning or disinfectant spray (10%); inhalation of vapors from household cleaners or disinfectants (6%); and drinking or gargling diluted bleach solutions, soapy water, and other cleaning and disinfectant solutions (4% each).
As mystifying as it is how anyone could believe a word President Trump says about anything at this point, you know as well as I that thousands more have died in the pandemic than needed to. From bemoaning cruise passengers docking to get treatment because it would “hurt his numbers” months ago, to creating a perfect pandemic storm with Saturday’s rally in Tulsa, Trump couldn’t be clearer. His only interest is in himself and his numbers. The irony is that doing the right thing right away would have lessened the economic carnage, as well.
The Economy
Ah yes, the economy. Donald Trump says he created the greatest economy ever, but COVID-19 ruined it. Unfortunately, there is good reason to believe that his policies had the economy heading for a downturn before the pandemic hit.
One of the cover stories in the December 2019 issue of Fortune magazine, not exactly a leftist rag, was “Why Trump Is Bad For Business”. The piece is a comprehensive analysis of how business’s gains from lower taxes and deregulation had been more than wiped out by two policy disasters. First, Trump’s immigration policies deprived the economy of badly needed workers. Second, his tariff war with China just made everything more expensive, hurting business. As demand dampens, recession ensues. The measurable confidence of CEOs, purchasing managers, and consumers had all hit the skids. Trump is said to have “lost the C-Suite” in 2018.
Similarly, in a 12/23/19 piece by Dan Clark in Law.com’s Corporate Counsel, Altman Weil’s survey of corporations’ top lawyers (general counsel and chief legal officers) indicated widespread planning for recession. Again, this was before the novel coronavirus was a factor.
Then there’s the national debt. What this “conservative” had already done to the national debt before anyone heard of COVID-19 involves truly incomprehensible numbers.
Presidents get too much blame and too much credit for swings in the economy, anyway. But things weren’t nearly as rosy as Trump’s campaign would have you believe.
Racism, the Police, and the Military
This part all but writes itself. It’s hard to imagine a worse person to be POTUS after the horrific killing of George Floyd than Donald Trump. He specializes in divisiveness while appealing to his base’s basest instincts . We all know what MAGA means to some of his followers. Not for nothing do white supremacists love him. Before leaving the topic, though, it’s worth saying something about the police and the military. That’s because the president managed to misuse both with one episode on June 1.
Trump set the police on peaceful protesters exercising the very sort of freedom of assembly and speech rights the First Amendment was created to protect. This for a chance to stand in front of a church and hold aloft the one document he apparently knows and cares even less about than the Constitution of the United States. To recap, the Bible and the First Amendment were abused as the police were misused to violently roust a peaceful protest against race-based police violence.
General Mark Milley was in Trump’s entourage strolling across the recently-cleared Lafayette Square that day. His apology for participating seemed both deeply felt and carefully considered. As Chairman of the Joint Chiefs of Staff, he knows the dangers of politicizing the military in a free democracy. Anyone in Trump’s vicinity must be prepared for a request or demand to engage in activity that is illegal, immoral, or both.
Trump and some of his wackier supporters refer to the impeachment as an “attempted coup”. Since the impeachment inquiry was brought in accordance with the constitution, due process, and precedent, it was the antithesis of attempted violent or illegal overthrow. There is someone itching to set the military on US citizens, though. At times, he seems almost giddy at the prospect.
Consequences In Sum
Much of what really does make America great is under siege. When considering the many reasons for pride in America, at the top of the list is the Constitution. And among its ingenious virtues, at the top of that long list are these: checks and balances of the three co-equal branches of government; the First Amendment freedoms; Equal Protection of the Law under the Fourteenth Amendment; and Due Process under the Fifth and Fourteenth Amendments.
The president you would not remove has remarkable animus toward each of these first principles, and undermines them at every turn. This is a different kind of coup attempt.
Back To You
Deep down inside, you know as well as we do how despicable Donald Trump is as a person, and how dangerous and unfit he is to be president.
Some of you said these things, and more, publicly when he was merely a candidate, and you were correct. Many more of you have said so privately to your closest confidants – and to yourselves late on a sleepless night – since the 2016 election, as the certainty of such assessments became undeniable.
You also know, deep down inside, how meritorious the impeachment inquiry was.
Despite the compelling case for removal, everyone, literally everyone, knew Trump would be acquitted. The simple reason was the majority you Republicans had in the Senate. It was simply a given that you would not vote in good conscience. The only interesting question was whether any of you would.
Thank you, Mitt Romney.
Perjury?
Senators take office with an oath. Nonetheless, at the start of the impeachment trial, Chief Justice Roberts administered the following specific oath to each senator: “Do you solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, President of the United States, now pending, you will do impartial justice according to the Constitution and laws, so help you God?”
One would think it impossible to overstate the gravity of the duty undertaken. In the weeks leading up to the impeachment trial, though, some of you made it clear you had no intention of doing impartial justice. Senate majority leader Mitch McConnell seemed particularly intent on getting the point across. A December 18, 2019 Vanity Fair article by Alison Durkee contained a gathering of quotes from McConnell – and Lindsay Graham: “I’m not an impartial juror,” McConnell said. “This is a political process. There is not anything judicial about it. Impeachment is a political decision . . . I’m not impartial about this at all.” That wasn’t all. “Everything I do during this, I will be coordinating with White House counsel,” [indicating there would be] “no difference between the president’s position and our position as to how to handle this.”
“This thing will come to the Senate, and it will die quickly, and I will do everything I can to make it die quickly,” Graham said… “I am trying to give a pretty clear signal I have made up my mind. I’m not trying to pretend to be a fair juror here.”
Clear signal received. Now, under what conceivable argument, Senators Graham and McConnell, was your oath administered by the Chief Justice anything other than perjury? It’s acceptable to take a false oath in a proceeding if it’s not judicial? Lying in a “political process” is a given for you?
How many of you Senate Republicans did the equivalent without being so brazen about it in public? Are you emulating the president you enable?
Meanwhile, the Fallout Is Actually Even Worse
Note that in the high crimes and misdemeanors charged and chargeable, plus the malfeasance since the failure to remove, the facts are generally clear and not in serious dispute. Witnesses are scoffed at and called names, but the facts stand.
Consider that all of the above wrongdoing is limited to what we know about, matters of public record. Imagine what we don’t yet know.
What does all this portend? If THIS wasn’t enough to remove, impeachment is a nullity when either the Senate or the House is controlled by the president’s party. If so, then the president really will be above the law most of the time. Or as The Donald likes to say, “I can do anything I want!”
In Closing
I know what you did last winter. Instead of giving a real-life horror movie the ending it deserved, you made it even worse. Whatever good you may have done in your career, your legacy is now tied inextricably to that of the worst president in history – the most incompetent, the most dishonest, the most hateful, and the most corrupt.
You’d be wrong to dismiss me as from the far left, by the way. Electorally, I’m your worst nightmare these days – a centrist/moderate who considers candidates and issues on the merits, who pays attention, and who votes. Millions of Americans who are more-or-less like me decide elections.
In addition to two special elections, thirty-three Senate seats are up for election in 2020. Twenty-three of them are held by you Republicans.
Whether or not you are up for re-election this year, I have a suggestion. If you’ve died a thousand deaths since February 5, and have come to regret your vote to acquit, you might want to share that sentiment well before November 3. Indeed, you should do it while staunchly and publicly opposing whatever constitutional crisis or other outrage Trump has in store for us next. It won’t be long in coming.
Respectfully,
Kenneth J. Bossong
© 2020 Kenneth J. Bossong