The Columbus Dispatch

Framers weren’t fools; former president can be impeached

- Michael Gerson Columnist

WASHINGTON – Not long ago, it was common on the right for people to call themselves constituti­onal conservati­ves. But that, evidently, was a fad. Now the supporters of former President Donald Trump want us to believe the Framers were fools.

How else to understand their interpreta­tion of impeachmen­t? The main argument of Trump’s lawyers – repeated ad nauseam in their written response to the House trial brief at the start of the Senate trial on Tuesday – was that their client could no longer be impeached because he is no longer president. “The constituti­onal provision,” they wrote, “requires that a person actually hold office to be impeached.”

The absurditie­s of this claim abound. The Constituti­on specifies two possible punishment­s the Senate can impose upon impeachmen­t conviction: removal from office and disqualification from future office. The second penalty is always and only imposed on former officials, since they have just been removed from their job. And there is nothing in the text of the Constituti­on that requires the imposition of both punishment­s in every case.

The Trump team’s version of impeachmen­t would leave the process easily gamed. Why wouldn’t every official facing the likelihood of conviction simply resign from office 10 minutes before the Senate votes? Yes, the official would lose office (by an act of his or her own will). But wouldn’t this make the second punishment – disqualification from future office – impossible to impose?

Think on this a moment. If only current officeholders can be impeached and convicted, only those officials who feel confident of Senate acquittal would choose to remain in office until the vote. The incentive structure of this system would be perverse. As a practical matter, disqualification would be imposed only on officials who think they have a chance at Senate acquittal, decide to risk a vote and then lose. Those who are confident of Senate conviction would always avoid disqualification by strategica­lly resigning. The worst offenders would never face the full range of penalties.

Trump incited the insurrecti­on two weeks before the end of his term, in the hope that his time in office would be unconstitu­tionally extended. Yet his lawyers have been shameless enough to criticize “the House of Representa­tives’ rush to judgment” on impeachmen­t.

Many Republican senators seem to be clinging to this weak procedural case because they do not want to confront the reality of what happened on Jan. 6.

The Capitol attack was not merely the work of an unstable, departed leader. All the mayhem and bloodshed were the triumph of a certain kind of politics that continues and strengthen­s under Trump’s direction.

It was the natural outworking of an apocalypti­c politics. We need to “fight like hell,” Trump told the assembled crowd in Washington, D.C., or “you’re not going to have a country anymore.”

It was the logical consequenc­e of a politics based on lies. “States want to correct their votes,” Trump informed his supporters on Twitter. “All Mike Pence has to do is send them back to the States, AND WE WIN.”

It was the natural outcome of a politics infected with conspiracy theories. Shadowy forces, Trump maintained, were responsibl­e for the “biggest SCAM in our nation’s history.”

It was the culminatio­n of a militarize­d rhetoric, in which Trump has urged his followers to view politics as an “act of war” and to “fight to the death.”

Only one decision in the Senate trial will hold a guilty man accountabl­e, while taking a stand for a better, nobler political ideal. And there is no plausible, procedural argument that will rescue senators from the moral choice they face.

Michael Gerson is a Washington Post columnist.

michaelger­son@washpost.com.

Coal production levels are continuing to plummet each year in Ohio, a trajectory that has accelerate­d during the pandemic.

“The overall use of energy has decreased a great deal. It’s just further depressed the market, which was already depressed by price,” Mike Cope, president of the Ohio Coal Associatio­n, said during a recent Ohio Reclamatio­n Forfeiture Fund Advisory Board meeting.

As of Jan. 30, Ohio produced 301 short tons of coal so far this year, according to the U.S. Energy Informatio­n Administra­tion. That is a 33.2% decrease compared with the same period in 2020. Records show coal production in Ohio has steadily dropped each year.

“The market is weak, and COVID has just made the market weaker,” Cope said.

The industry has faced challenges as demand for coal dwindles and more companies shift to cleaner fuels. All of this has happened as renewable sources of energy become more affordable. President Joe Biden plans to guide the country to 100% clean energy with zero emissions in the electricit­y sector by 2035.

Ohio’s reclamatio­n fund collects money from coal-mining companies by charging a severance tax of 14 cents on each ton of coal mined. Companies also pay $2,500 for each acre mined.

However, with lower coal production, it means less money is going into the fund.

“We were seeing a 50% to 60% decrease,” Dave Crow, chief of Ohio Department of Natural Resources Division of Mineral Resources Management, said during the meeting. “We’re projecting that trend to continue for the next quarter. It’s pretty striking.”

The state’s fund is in place to reclaim mining sites if companies fail to follow through with remediatin­g them. The last forfeiture that relied on the state fund was in 2014.

As of Feb. 1, the fund’s balance was listed at $25.6 million.

The concern is that as more coal mining companies file for bankruptcy or choose to consolidat­e, the fund could be depleted, leaving Ohio taxpayers to pick up the remaining tab.

The board has hired Taylor & Mulder, a property and casualty actuarial con

sulting firm, to complete a new actuarial study on the fund.

“If there are a lot of permits held by one company, then one company going belly up could mean a huge number of reclamatio­ns,” said Daniel Lupton, a specialist in predictive analytics with the Taylor & Mulder. “That could be problemati­c.”

In 2019, Murray Energy, which held 13 mining permits, filed for bankruptcy. Permits were transferre­d when the company became American Consolidat­ed Natural Resources Inc. Had that not happened, estimates show that it would have cost more than $202 million to clean up all of the Murray mining sites.

“We've had some large firms declare bankruptcy, large coal companies in Ohio. We've gotten through all those safely,” said Sandy Ramos, legal counsel for the state's Division of Mineral Resources Management.

The latest actuarial report will factor in those scenarios.

“We'll make sure to take a look at that just so that we have it,” Lupton said. “But it'll be kind of a worst-case scenario, because it sounds like permits have been successful­ly transferre­d from bankruptcy. That's tremendous good news.”

Cope said the coal industry has hurdles ahead, including weathering stricter environmen­tal regulation­s that could be forthcomin­g to undo Trump's

Affordable Clean Energy (ACE) rule, which did not require coal-fired power plants to pollute less.

The previous administra­tion also stripped away protection­s for ephemeral streams, which flow after heavy rainfall. If they are reinstated, companies would have to protect those streams near mining sites.

Cope, who described the Biden administra­tion as “hostile” to the coal industry said, “The problem is going to be in the next year or two if they overturn the ACE rule and vacate it. And the feds go back to the Obama policies of overregula­ting the streams, then that will help further erode the profitability of the coal industry and will have a very bad effect on us.” bburger@dispatch.com @Bybethburg­er

 ??  ??

Newspapers in English

Newspapers from United States