What Do We Do Now?
It’s one of my favorite moments in one of my favorite movies: Delta Chi fraternity has just had its charter revoked; the members are expelled with their draft boards being notified they are now eligible. Shocked and stunned, they wonder what, exactly, they can do now that they have nothing left. Someone says, “We have to do something!” One member pipes up, “What the hell we s’posed to do, you moron?”
I feel a bit like that guy in Delta House right now. Yesterday afternoon, Donald Trump fired FBI Director James Comey, ostensibly for how he handled the release of information regarding Hillary Clinton’s emails (actually, it was Weiner’s emails, which included emails to Clinton’s longtime aide Huma Abedin, who happens to be Anthony Weiner’s ex-wife). I largely agree with Josh Marshall’s assessment that, in the abstract, the arguments made in the letter to the President make some kind of sense. In the current context, however, in which the President and much of his campaign staff (who are now members of the Administration) are under investigation for their ties to the already-established Russian interference in our previous general election, this abstract argument is worthless precisely because it looks as if the President has something he does not want coming to light. Indeed, in the six months since the election, both Presidents Obama and Trump could have fired Comey for these very reasons. They chose not to do so for sensible if not necessarily good political reasons. Since the man who wrote the legal rationale for Comey’s firing was only confirmed two weeks ago with enormous bipartisan support, it looks clear both Trump and Attorney General Jeff Sessions were waiting for a person with a reputation for integrity, who had support among both Republicans and Democrats, to enter the Justice Department so that, on the surface, it wouldn’t appear as if either Trump was acting impulsively or Sessions – who has slightly more political sense than Trump, which isn’t saying much – was acting on standing orders. It gives them both the appearance of distance. Sadly for them, neither are adept enough to make such an appearance stick.
And so we are now in the strange position of witnessing a clear abuse of Presidential power – as much a political matter as a legal matter – and we all wait and wonder, What do we do now? I know people are contacting their elected representatives. I applaud the sense of civic duty. With Senate Majority Leader Mitch McConnell calling for an end to investigations into the possible collusion of the Trump campaign with the Russians, and the House Republicans both spineless and hyperpartisan, the necessary political will for the submission of articles of impeachment just isn’t present. Both the House and the Senate have demonstrated their lack of any interest in the questions, comments, and other input from their constituents. Particularly the Republicans have often closed down their phone lines, their email, and refused to hold meetings in order to avoid feedback they won’t like. They have worked on passing legislation the public neither wants nor needs, particularly their “replacement” for the Affordable Care Act, the vast majority of Americans oppose. To further demonstrate the Trump Administration’s contempt for the Constitution, a West Virginia reporter was arrested yesterday afternoon after asking HHS Secretary Tom Price a question.
Impeachment is far more a political than a legal action. While it certainly involves matters of lawbreaking, most Presidents, at least since James Monroe, have violated one or another statute or Constitutional provision. The first President who faced an impeachment trial in the Senate, Andrew Johnson, did so because the Radical Republicans (they were the good guys back then) felt Johnson wasn’t pushing hard enough on their agenda for reforming the Southern States (Johnson was a former Democratic Senator from Tennessee who refused to join his state in seceding from the Union). Richard Nixon’s string of corrupt acts would most assuredly not only forced him from office had he not resigned, but landed him in federal prison had President Ford not pardoned him. Bill Clinton faced impeachment for the rather narrow and arguable crime of lying under oath. Precisely because the larger matters surrounding the question involved Clinton’s personal rather than professional conduct, the Senate found no reason to find Clinton guilty of anything. Just because a person may (or may not) have broken the law doesn’t mean they should be removed from office.*
Now we face a moment during which the question of the survival of our Constitutional order might very well hang in the balance. I know this sounds melodramatic. I happen to believe it’s true. That the Russians intruded themselves into our last election is a matter of fact, not of opinion. That there appeared, even at the time, to be some kind of links between the Trump campaign and the Russians is also a fact. Russian interference was discussed mid-summer, 2016, both publicly and far more extensively in meetings with members of the Obama Administration, senior Congressional leadership, and the Intelligence Community. None of this is arguable. What needs to be done is a thorough investigation into whether or not Trump or his campaign had any knowledge of, contact with, or cooperation with these Russian efforts to undermine our last election. Rather than not investigate, one would think an investigations in to matters of such profound importance would be welcome. That members both of the Administration and senior Republicans are now calling for an end into such investigations demonstrates that there is no political will to curtail abuses of power by this Administration.
So . . . what the hell are we supposed to do? Call, write, be vocal about the insistence this matter not rest: these are, I suppose, important things. I doubt their efficacy, even in the long run. So we are faced with an increasing dictatorial Executive Branch with Legislative Branch unwilling to protest abuses or power or assert their primary prerogatives as overseers of the Executive. The Judicial Branch can only do so much, and they certainly cannot bring action on their own that gets Trump and his Administration out of office.
What? Do? We? Do?
*I think the authors of the Constitution, particularly James Madison, couldn’t imagine someone holding the office of President who had so little personal integrity they would willy-nilly violate their oath of office. Alas, honor is a republican rather than democratic value.