Marlborough Express

Testing year ahead for Trump

- ALEXANDER GILLESPIE

The Constituti­on of the United States was passed in the name of ‘we the people’. The background was their war of Independen­ce and their fight against the British monarchy which could not be held to account. As part of their framework to ensure domestic tranquilli­ty, promote the general welfare and secure the benefits of liberty for themselves and posterity, they agreed on unique fundamenta­l principles by which to govern their country.

This included the rule that the president ‘‘shall be removed from Office on impeachmen­t for, and conviction of, treason, bribery, or other high crimes and misdemeano­rs’’. This clause gave the American people, through their Congress – as in the House of Representa­tives and the Senate combined – the ability to remove their leaders if they committed treason, corruption or egregious abuses of their authority.

Congressma­n Al Green utilised this provision last Wednesday as he attempted to start proceeding­s on impeaching the 45th President of the United States on the grounds that he is, ‘‘fuelling an alt-right hate machine’’ that is ‘‘causing immediate injury to American society’’.

This attempt failed overwhelmi­ngly in the House of Representa­tives, with his motion defeated 364 to 58.

Although Green’s action failed, it is possible that further attempts at impeachmen­t are going to cause President Trump much more trouble after the end of 2018.

This will occur as the epicentres of any one of the three investigat­ions currently looking at aspects of the Trump Administra­tion start escalating in their shaking. These investigat­ions are examining questions relating to collusion with Russia and/or abuse of power. Future investigat­ions could also be tasked to examine conflicts of interest.

Each of these investigat­ions has the potential to provide the movement that could, in theory, topple the president.

The investigat­ion that is currently causing the most difficulty for the president, as led by Special Counsel Robert

Mueller, is focusing on ties between the Trump campaign and Russia. This has recently netted its first big fish, Michael Flynn, the former national security adviser to the president, who has pleaded guilty to lying to the FBI and is now co-operating with the Special Counsel.

Despite this confession and cooperatio­n by Flynn, impeachmen­t is still a distant propositio­n. The problem in this instance is that it is not yet clear whether the president has actually obstructed justice in the gap between Flynn and the Whitehouse. Similarly, Flynn pleading guilty does not prove collusion between Trump and Russia.

Even if the Russians (who appear to have tried to influence the American election) acted in a particular way, in exchange for some as yet undisclose­d quid pro quo, did occur, it is not clear that this collusion is a ’high crime’ or other ’misdemeano­r’.

Neverthele­ss, it is fair to suggest that when the Founding Fathers created their constituti­on guaranteei­ng autonomy, they would not have looked favourably upon someone gaining their highest office with the help of foreign powers.

Although such questions vex even the most skilled legally trained profession­als in this area, lawyers and judges are not needed to resolve them. This is because impeachmen­t, which is analogous to indictment in regular court proceeding­s, is dealt with by Congress, not the judiciary.

Impeachmen­t is a political question. Impeachmen­t is not a legal question. Only the two arms of the Congress, namely the Senate and the House of Representa­tives, can answer if a president should be impeached.

To successful­ly impeach the president, the Senate and the House of Representa­tives have to work together in terms of both agreeing the charge and then conviction via a supermajor­ity.

Without both parts, the impeachmen­t will fail. Thus, Bill Clinton was impeached for perjury and obstructio­n of justice in connection with his sexual dalliance with Monica Lewinsky by the House of Representa­tives but conviction by the Senate was avoided, as the two-thirds majority required to convict, was not reached.

The numbers mentioned above hint at the even larger problem in this equation, namely, that the Republican­s currently hold a solid majority in the House and a slim majority in the Senate. This means that impeachmen­t is very unlikely to even be considered at this point in time.

This might change on November 16, 2018 when there will be mid-term elections for the American Congress, at which point all of the House of Representa­tives and one-third of the Senate will be up for grabs.

If Trump loses control of Congress, then the possibilit­y of impeachmen­t becomes very real. Until then, the only game in town is watching the pot slowly come to the boil.

 ?? PHOTO: STUFF ?? Lost your emails, Angela? We know your pain. Even the powerful must bow to the beast that is Google.
PHOTO: STUFF Lost your emails, Angela? We know your pain. Even the powerful must bow to the beast that is Google.
 ??  ?? Special Counsel Robert Mueller is focusing on ties between the Trump campaign and Russia.
Special Counsel Robert Mueller is focusing on ties between the Trump campaign and Russia.

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