Time for Mr. Mueller to be a true patriot

The Thinker by Rodin

In case you haven’t noticed, our new attorney general Bill Barr is a horror. We shouldn’t be surprised because essentially he auditioned for his job by circulating a paper before his nomination on why the Mueller investigation was invalid.

Barr’s testimony yesterday in front of the Senate Judiciary Committee confirmed to anyone paying attention that Barr is Trump’s lackey and shill. He will do pretty much anything that Trump wants him to do because that’s how he sees his role. Which is why he thinks looking into Hillary Clinton’s emails yet again is worthy of investigation.

It’s likely to get much worse. Trump is likely to use the Justice Department as his political arm by having it open investigations into his 2020 opponents. Based on the Hillary’s email precedent, Barr shouldn’t object at all. In short, the Justice Department is becoming a new bludgeon that Trump hopes to use to win reelection. Its mission to impartially apply justice based on the law seems to be waning. In short, true justice in the Justice Department may be hard to find.

It’s painfully clear that Senate Republicans won’t check Trump in any meaningful way. It’s increasingly clear that our Supreme Court won’t either now that it has a reliable conservative majority. Trump is the outcome of over thirty years of corrupting the system to affect their ends. They don’t want democracy. They just want to be in charge and remain in charge. Which means that only voters can hold Trump and Republicans accountable.

But Trump has every incentive to corrupt the 2020 elections, and Republicans are jubilantly helping him along. Mueller’s report basically says Trump obstructed justice many times and that the only reason he wasn’t charged is because he wasn’t allowed to charge him due to Justice Department rules. With a five-year statute of limitations, if Trump loses reelection then there’s a good chance he will be prosecuted for these and many other offenses.

So in Trump’s mind he must not lose. He can see his future if he fails, and it’s inside a jail cell. He is clearly bending the power of the federal government in every way possible to stack the odds in his favor. And Republicans will aid and abet him: by making it hard for people of color to vote, through relentless gerrymandering, through fearless voter suppression and now apparently allowing the Justice Department to be used as a political weapon.

By grossly mischaracterizing Mueller’s findings, Barr’s summary of findings succeeded in muddying the waters. It’s hard to find someone without an axe to grind that the public can trust. Most won’t have time to read over four hundred pages of his report, much of it redacted. Which is why Mueller’s public testimony in front of Congress is needed. We need Mueller to rise to the occasion and be the patriot the country needs by simply telling the truth.

But will he get that chance? Trump’s policy is now to stonewall Congress and refuse to provide them any information, at least no information not in his favor. Mueller is an employee of the Justice Department, but presumably term limited as he was pulled from retirement to investigate Trump and his administration. Trump or Barr could prohibit Mueller from testifying in front of Congress. It’s unclear that they will, but it’s certainly possible if they are stonewalling everything else. It’s also unclear whether Mueller would not testify anyhow.

Polls do make one thing clear: the public trusts Robert Mueller. If anything can right this wrong ship, his testimony might. Clearly, if Mueller says things that upset Republicans, they will berate him and cast doubts on his integrity. It’s unlikely though that the public would buy it, as his integrity has so far been impeccable, unlike Donald Trump’s.

Mueller would be most helpful by simply stating the obvious: anyone other than Trump would have been prosecuted for obstruction of justice, the Justice Department is being turned into a political weapon, that government of, by and for the people is perilously close to disappearing, and the public needs to wake up and fight for its democracy.

Why we must impeach Donald Trump

The Thinker by Rodin

So the Mueller report (with many redactions) finally was made public. Unsurprisingly, the report did not exonerate Trump. It was quite the opposite, in fact. While Mueller could not prove beyond a reasonably doubt that Trump or his campaign conspired with Russia, he found plenty of evidence to show that Trump obstructed justice. He just refused to prosecute these obstructions, believing that constraints put on his investigation precluded this possibility.

Mueller basically laid out the obstruction charges and their underlying evidence and suggested that Congress could impeach Trump in part based on his evidence. Less noticed was another possible approach: wait until Trump was out of office and then prosecute him. But this is only viable if Trump does not win reelection and the subsequent administration chooses to prosecute these crimes within the five years of the statute. If Trump does win reelection, the statute of limitations effectively means he can’t be charged for these crimes. In short, in certain situations the president can circumvent his own accountability to the law. It’s all because of an opinion by the Justice Department that a sitting president can’t be indicted for crimes while in office. (This seems strange to me. What’s the point of having a vice president then?)

I noted before that Trump wouldn’t escape justice. Neither Richard Nixon nor Bill Clinton did. Nixon agreed to resign to keep from being impeached and convicted, a badge of shame that he carried to his grave. On Bill Clinton’s last day in office, Clinton agreed to pay a fine and lose his law license for perjury he committed testifying about his relationship with Monica Lewinski. This was to avoid facing these charges and possible jail time when out of office.

In some ways those were simpler times. Today’s hyper-partisan Congress means that if the House impeaches Trump, it’s almost a slam-dunk that the Senate won’t convict him, just as the Senate refused to convict Clinton and narrowly avoided convicting Andrew Johnson. Nixon would have certainly been removed from office for his cover up, i.e. obstruction of justice charges laid out by his special prosecutor. Mueller laid out ten obstruction of justice charges that could be filed against Trump and likely would have been filed against him if Justice Department regulations forbad it.

I’m surprised no one has filed a lawsuit to challenge these regulations. It’s possible but unlikely that the Supreme Court would declare them unconstitutional. There is no law that gives the president this special treatment, just an opinion (once amended) by the Justice Department’s legal team.

Mueller’s team made fourteen referrals to other prosecutors, only two of which we know about. It’s quite likely that some of these referrals will come back to bite Trump, either before or after he leaves office. It’s already quite clear that New York State will be prosecuting Trump and the Trump Organization for violating its charity laws. The Trump family may face prosecution since it looks like they fraudulently protected their father’s wealth to inherit more of it. Trump’s sister abruptly resigned her appellate court seat recently to avoid an internal investigation. So despite Attorney General Bill Barr’s spin that the report leaves the president untouched, it’s quite clear that Trump will be haunted by charges and court cases, probably for the rest of his life.

There are a lot of wags in Congress discussing whether Trump should be impeached or not. Speaker Nancy Pelosi has already stated she doesn’t want to open impeachment hearings unless there are enough Republican votes in the Senate to make Trump’s conviction likely. Others like my home state senator Liz Warren have publicly stated that Congress has a duty to open impeachment hearings and if the evidence is strong enough, to convict the president and remove him from office.

I’m with Liz. Certainly I’m aware that there is little likelihood that the Senate would convict Trump. I suppose it is possible that hearings would bring to light enough evidence to persuade enough Republican senators to throw Trump overboard. I am for impeachment not for an idealistic reason, but for a pragmatic reason: the lawless Trump Administration must not be used as a model by future administrations hoping to escape justice.

Just two posts ago I noted how alarmed I was because I felt we were at the edge of autocracy. I’m just as alarmed today. The way for a democracy to survive is not to acquiesce but to rise to the occasion. It’s likely if the House held an impeachment vote that it would impeach Trump. It would set a mark in the sand for future presidents that this conduct is unacceptable. It would also force a trial in the Senate that, even if doomed, would hold senators accountable. It would mark those voting against his conviction for life. The case for Trump’s lawlessness is inescapable.

So while it might not actually hold Trump accountable, it would formally tarnish his legacy, give little sanction to his behavior, uphold the principle that no one is above the law, demonstrate that Congress had the nerve to push back against a lawless president and make it easier in the future to maintain our democracy.

Pelosi is looking at the 2020 election and wondering if impeachment would distract from a winning message for Democratic candidates. I am thinking that standing up for democracy and the rule of law is the primary responsibility of any member of Congress. That’s what they are elected to do, not to be weasels. If the American people object to that, well then our democracy truly is lost.

Let’s not give in to hopelessness and unaccountability. Let’s do the right thing and open impeachment hearings.