Albuquerque Journal

House has no choice but to vote to impeach Trump

- EUGENE ROBINSON Columnist E-mail eugenerobi­nson@washpost.com. © 2019 Washington Post Writers Group.

WASHINGTON — You gotta do what you gotta do. The House Judiciary Committee had no choice but to vote to impeach President Trump, and the full House has no choice but to follow suit. Either we believe in democracy and the rule of law or we don’t, simple as that.

The president’s defenders are correct when they say that “abuse of power” and “obstructio­n of Congress” are not statutory crimes. They are, in fact, worse. The strippeddo­wn impeachmen­t articles against Trump go to the heart of his blatant misconduct, which poses a direct challenge to the Constituti­on. I know that sounds grandiose to describe the offenses of such a small man as Trump. But it is true.

One could make the case that many of our presidents have abused their power in one way or another. I believe the framers of the Constituti­on would be appalled, for example, that since World War II we have sent so many troops to fight and die in so many conflicts without a formal declaratio­n of war by Congress. I believe they would be outraged that presidents can make so much law, unilateral­ly, by calling it regulation. But then again, maybe not. Perhaps Madison and Jefferson would approve of the way the presidency has evolved. We really have no way of knowing.

We do know, however, that the founders worried a president might corruptly misuse the powers of his office to keep himself in office. That is a principal reason the impeachmen­t clause was written. And it is precisely what Trump tried to do.

Not just in one phone call but over a period of months, Trump tried to coerce a foreign government into fabricatin­g a scandal that would tarnish former Vice President Joe Biden, the potential rival who most threatened Trump’s reelection. Trump conditione­d official acts — release of nearly $400 million in military aid, along with a desperatel­y sought White House meeting — on Ukrainian President Volodymyr Zelensky’s compliance with his demands.

Incredibly, this was after the conclusion of a two-year investigat­ion into whether Trump and his campaign had solicited the help of another foreign government, that of Russia, to win the 2016 election. The probe by former special counsel Robert Mueller proved that Trump welcomed and encouraged Russian aid, but not that he or his campaign participat­ed in a conspiracy. Mueller

did turn up reams of evidence, however, that Trump had obstructed justice in trying to shut the investigat­ion down.

House Speaker Nancy Pelosi adamantly refused to open an impeachmen­t inquiry after the Mueller probe. “He’s just not worth it,” she said, meaning that holding Trump accountabl­e for the crimes Mueller uncovered was not worth the trauma that impeachmen­t would inevitably put the country through.

When Trump’s Ukraine bribery scheme came to light, however, the opening of an impeachmen­t process went instantly from impossible to inevitable. It was indeed bribery, by the way, both as I believe the founders understood the crime and as the current federal bribery statute defines it. But Pelosi and the House impeachmen­t managers decided to charge Trump instead with abuse of power, because that is a more grievous injury to the Constituti­on. Trump was elected to be a public servant, and he is acting like an autocrat.

Trump and his defenders have made a lot of noise but have not even produced quasi-plausible Trumpian “alternativ­e facts” to dispute the real ones. Acting White House chief of staff Mick Mulvaney said we should all just “get over it.” Unfortunat­ely for Trump, the Constituti­on does not allow that option.

The Constituti­on gives the House the “sole” power of impeachmen­t. Yet Trump, unlike prior presidents who faced impeachmen­t inquiries, has brazenly ordered the White House and the rest of the executive branch to refuse to provide documents and witnesses the House has demanded. Hence the charge of obstructio­n of Congress, which is another grave offense.

The separation-of-powers framework ensures that the three coequal branches of our government will be engaged in a permanent struggle, preventing any one from obtaining primacy. But it does not allow Trump to avoid impeachmen­t and removal from office simply by refusing to give the House access to the informatio­n it needs in order to decide whether to impeach. Any future president who committed “high crimes and misdemeano­rs” would surely do the same.

The Senate may fail to take the charges seriously, but House members will have done their duty. It is a constituti­onal imperative that Trump go down in history as one of just three presidents to be impeached.

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