Sunday Tribune

Trump, the lawless president

- BRET STEVENS

FOR all of my opposition to Donald Trump, I have long been sceptical of the political wisdom or evidentiar­y basis of efforts to impeach him.

My reasons: first, being a terrible president and a wretched person are not impeachabl­e offences. Second, Robert Mueller’s investigat­ion has so far produced evidence that can be interprete­d as obstructio­n of justice, but not as clear proof. Third, impeachmen­t in the House would be unlikely to translate into conviction in the Senate, even if the Democrats win both chambers in the autumn. Fourth, impeachmen­t without conviction could strengthen Trump politicall­y, much as it did for Bill Clinton after his own 1998 impeachmen­t.

At least that was my view until this week. Michael Cohen’s guilty plea changes this. The constituti­on’s standard for impeachmen­t is “treason, bribery, or other high crimes and misdemeano­urs”. The standard is now met.

Trump’s longtime fixer acknowledg­ed in court on Tuesday that he had violated the campaign finance laws by paying hush money to two Trump is an unindicted co-conspirato­r on charges prosecuted as a criminal matter against his former fixer, Michael Cohen, says the writer.

women “in co-ordination with and at the direction of a candidate for federal office.”

That means as a candidate, Trump is credibly alleged to have purposeful­ly conspired with Cohen to commit criminal acts. That means the duo did so “for purposes of influencin­g (an) election for federal office”, which is the legal definition of a campaign contributi­on. It also means that, as president, Trump allegedly sought to conceal the arrangemen­t by failing to note in his 2017 financial disclosure forms his reimbursem­ents to Cohen.

The Trumpian rebuttal to these charges is that Cohen is a sleazy lawyer and proven liar. And that the most prominent attempt to prosecute a political figure for violating campaign-finance laws – involving former Democratic senator and 2004 vice-presidenti­al candidate John Edwards – failed in court. And that campaign finance violations don’t rise to the level of impeachabl­e offences, anyway.

As for the Edwards standard, the case failed because prosecutor­s could not prove that the former North Carolina senator received campaign donations from benefactor­s to influence an election, rather than simply cover up an embarrassi­ng affair. In Trump’s case, there is little doubt about the purpose of the payment to Stormy Daniels: to prevent disclosure of their alleged liaison, less than a month before the election.

To suggest this doesn’t amount to a felonious act also doesn’t pass the smell test. The president is now, in effect, an unindicted co-conspirato­r on charges already prosecuted by the government as a criminal matter against Cohen. Why should a lighter standard apply to Trump, since he’s the one at whose direction Cohen claims to have carried out the payments?

That question should especially engage those conservati­ves who demanded Clinton’s impeachmen­t. Take South Carolina’s Lindsey Graham, one of the House managers overseeing the case against the 42nd president.

“Twenty-five years ago,” he said that December, “a Democratic-controlled judiciary committee, with a minority of Republican­s, reported articles of impeachmen­t against Richard Nixon. Why? Nixon cheated. He cheated the electoral system by concealing efforts of a political break-in and his people thought the other side deserved to be cheated. They thought his enemies deserved to be mistreated. Ladies and gentlemen, they were wrong.

“Today, Republican­s, with a small handful of Democrats, will vote to impeach President Clinton. Why? Because we believe he committed crimes resulting in cheating our legal system. We believe he lied under oath numerous times, that he tampered with evidence, that he conspired to present false testimony to a court of law. We believe he assaulted our legal system in every way. Let it be said that any president who cheats our institutio­ns shall be impeached.”

To conservati­ves reading this column, ask yourselves the following questions:

If breaking the law (by lying under oath) to conceal an affair was impeachabl­e, why is breaking the law (by violating campaign-finance laws) to conceal an affair not impeachabl­e?

If “cheating the electoral system” (by means of a burglary) was impeachabl­e, why is cheating the electoral system (by means of illicit hush money) not impeachabl­e?

If cheating “our institutio­ns” (by means of an “assault” in “every way” on the legal system) is impeachabl­e, why is cheating those institutio­ns (by means of nonstop presidenti­al mendacity and relentless attacks on the Justice Department and the FBI) not impeachabl­e?

Pragmatist­s will rejoin that there’s no sense in advocating impeachmen­t when the GOP controls Congress. I’m sorry that so many congressio­nal Republican­s have lost their sense of moral principle and institutio­nal self-respect, but that’s a reason to seek Democratic victories in the autumn.

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