Op-Ed: The Acquittal Will Come Back to Haunt Trump and His Enablers

From today’s New York Times:

The vote to acquit President Trump was a dark day for the Senate. Uninterested in hearing from witnesses (and likely scared by what they would say), uncritical of outrageous legal arguments made by the president’s lawyers and apparently unconcerned about the damage Mr. Trump has done to the integrity of America’s elections, a majority of senators insisted on looking the other way and letting him off the hook for a classic impeachable offense: abuse of public office for private gain.

But while the Senate got it wrong, the American people learned what’s right. This impeachment was about much more than the final vote of 100 senators. It was a process, and that process yielded a public education of extraordinary value. While the Senate may emerge from the process weakened, the American people, on the whole, emerge from it strengthened by a sharpened sense of what’s right and what’s wrong for an American president; of what it means for a political party to show moral courage; of what it looks like when dedicated public servants speak truth no matter the consequences; and of the importance of whistle-blowers for ensuring accountability.

The past few months have shown Americans a president who abused the public trust for his personal benefit. Before this process, we suspect, few Americans had dwelled on the question of when it crosses the line for a president to exploit for private political gain the tools of national power placed in his or her hands.

But impeachment has forced Americans to confront it — a question, it turns out, that was central to the framers’ decision to include impeachment in our Constitution. And Americans overwhelmingly reject what Mr. Trump did, with 75 percent saying in December that his Ukraine extortion scheme was wrong (a view that even some Republican senators have endorsed). That’s huge: For all that divides Americans today, this is a dominant consensus on what it means to abuse public office and distort American democracy.

Read the complete article here.

The House Has Impeached President Trump. Here’s What We Learned.

From FiveThirtyEight:

The House of Representatives voted to impeach President Trump on Wednesday, making him just the third president ever to be impeached. The two votes fell almost perfectly along party lines, with 229 members supporting both articles of impeachment against Trump, all of them Democrats except for Rep. Justin Amash of Michigan, who is an independent, and 197 members opposing both articles, including every Republican and two Democrats. (Jared Golden of Maine, a Democrat, voted for the article accusing Trump of abusing his office but against the obstruction of Congress charge. He was the only member of the House who didn’t vote the same way on both articles.1)

At least right now, as the House vote suggests, there’s no indication that there are anywhere close to the 67 votes in the Senate that would be needed to remove Trump from office. (Republicans have a 53-47 advantage2 in the upper chamber.) At the moment, impeachment appears likely to end up serving mostly as a stern condemnation of Trump’s actions by House Democrats.

Still, the impeachment of a president is a monumental event, so it’s worth looking at what we learned from these votes, and from the three-month process that led up to them.

Read the entire article here.

Trump ‘Ignored and Injured’ the National Interest, Charge Impeachment Articles

From today’s New York Times:

House Democratic leaders on Tuesday formally called for President Trump’s removal from office, asserting that he “ignored and injured the interests of the nation” in two articles of impeachment that charged him with abusing his power and obstructing Congress.

In nine short pages, the draft articles accused Mr. Trump of carrying out a scheme “corruptly soliciting” election assistance from the government of Ukraine in the form of investigations that would smear his Democratic political rivals. To do so, Democrats charged, Mr. Trump used as leverage two “official acts”: the delivery of $391 million in security assistance and a White House meeting for Ukraine’s president.

“In all of this, President Trump abused the powers of the presidency by ignoring and injuring national security and other vital national interests to obtain an improper personal political benefit,” according to a draft of the first article. “He has also betrayed the nation by abusing his office to enlist a foreign power in corrupting democratic elections.”

A second article charges that by ordering across-the-board defiance of House subpoenas for testimony and documents related to the Ukraine matter, the president engaged in “unprecedented, categorical and indiscriminate defiance” that harmed the House’s constitutional rights.

Read the complete article here.

Diplomats accuse Trump as impeachment hits Americans’ TVs

From today’s Associated Press Online:

For the first time, the Democrats’ case for President Donald Trump’s impeachment streamed from Americans’ TVs Wednesday, including a new contention that he was overheard asking about political “investigations” that he demanded from Ukraine in trade for military aid.

On Day One of extraordinary public U.S. House hearings — only the fourth formal impeachment effort in U.S. history — career diplomats testified in the open after weeks of closed-door interviews aimed at removing the nation’s 45th president.

The account they delivered was a striking though complicated one that Democrats say reveals a president abusing his office, and the power of American foreign policy, for personal political gain.

“The matter is as simple and as terrible as that,” said Rep. Adam Schiff, the Democratic chairman of the Intelligence Committee, as he opened the daylong hearing. “Our answer to these questions will affect not only the future of this presidency but the future of the presidency itself.”

Career diplomat William Taylor, the charge d’affaires in Kyiv, offered new testimony that Trump was overheard asking on the phone about “the investigations” of Democrats that he wanted Ukraine to pursue that are central to the impeachment inquiry.

Trump said he was too busy to watch on Wednesday and denied having the phone call. “First I’ve heard of it,” he said when asked.

All day, the diplomats testified about how an ambassador was fired, the new Ukraine government was confused and they discovered an “irregular channel” — a shadow U.S. foreign policy orchestrated by the president’s personal lawyer, Rudy Giuliani, that raised alarms in diplomatic and national security circles.

The hearing, playing out on live television and in the partisan silos of social media, provided the nation and the world a close-up look at the investigation.

At its core, the inquiry stems from Trump’s July 25 phone call when he asked Ukraine’s newly elected president, Volodymyr Zelenskiy, for “a favor.”

Trump wanted the Ukraine government to investigate Democrats’ activities in the 2016 election and his potential 2020 rival, Joe Biden — all while the administration was withholding military aid for the Eastern European ally that is confronting an aggressive neighbor, Russia.

Read the complete article here.

Trump Is Urged to Fire Kellyanne Conway for Hatch Act Violations

From today’s New York Times:

An independent government agency recommended on Thursday that President Trump fire Kellyanne Conway, his White House counselor, for repeated violations of an ethics law barring partisan politics from the federal workplace.

In a letter accompanying a report to Mr. Trump, the agency called Ms. Conway a “repeat offender” of the Hatch Act, which prohibits federal employees from engaging in campaign politics at work, saying that her flagrant defiance of the law justified her dismissal from the White House.

“As a highly visible member of the administration, Ms. Conway’s violations, if left unpunished, send a message to all federal employees that they need not abide by the Hatch Act’s restrictions,” said the letter to the president, signed by Henry J. Kerner, the head of the agency. “Her actions erode the principal foundation of our democratic system — the rule of law.”

The agency, called the Office of Special Counsel, enforces the Hatch Act and is not related to Robert S. Mueller III, the former special counsel who investigated Russia’s interference in the 2016 election. Despite its official mission, the office has no power to force Ms. Conway’s dismissal, and the White House quickly made clear that Mr. Trump would not follow its suggestion.

Read the complete article here.

FACT CHECK: Foreign Interference And ‘Opposition Research’ Are Not The Same

From today’s NPR News Online:

President Trump has conflated an infamous practice in and among political campaigns — “opposition research” — with foreign election interference like that launched by Russia against the United States in 2016.

Are they the same thing? Is foreign interference just a kind of “oppo research,” as Trump said in an interview with ABC?

The short answer: No. Oppo research is part of politics. But the law prohibits American political campaigns from taking “a contribution or donation of money or any other thing of value” from foreigners. The ban isn’t limited to money, as Justice Department investigators wrote.

The long answer: Trump told ABC News that essentially every political candidate is willing to accept information that could be of use against an opponent.

“You go and talk honestly to congressmen, they all do it. They always have. And that’s the way it is. It’s called ‘oppo research,’ ” he said.

What’s the difference?

Opposition research is what campaigns and political operatives use against each other. If one candidate running for office dug up a story about something embarrassing her opponent had done, the first candidate might bundle it together and see that it found its way into the newspaper.

Active measures

In 2016, however, the Russian government also launched a broad wave of “active measures” from outside the U.S. and used sophisticated tools found only in the arsenal of a major government. Its ultimate goal was to help elect Trump.

Trump’s campaign counted on the boost it got from WikiLeaks in 2016, according to the report by Justice Department special counsel Robert Mueller. Donald Trump Jr. also accepted the offer of a meeting, via intermediaries, to get “dirt” on Hillary Clinton.

Read the complete article here.

Corruption: Cohen’s Testimony Opens New Phase of Turbulence for Trump

From today’s New York Times:

A small group of Republican strategists opposed to President Trump, branding themselves Defending Democracy Together, quietly conducted polling and focus groups last fall to gauge whether the president was vulnerable to a primary challenge in 2020. Assembling a presentation for sympathetic political donors, they listed points of weakness for Mr. Trump such as “tweeting/temperament” and “criminality/corruption.”

The group concluded that Mr. Trump’s scandals were not yet badly damaging him with Republican-leaning voters: “Even relatively high information voters aren’t paying particularly close attention to day-to-day scandals,” the presentation stated. But it added that there was “room to educate voters” on the subject.

Michael D. Cohen, Mr. Trump’s former lawyer, may have begun that education on Wednesday.

With Mr. Cohen’s appearance before a House committee, the public airing of ethical transgressions by Mr. Trump reached a new phase, one that may be harder to ignore for friends and foes alike. The spectacle of Mr. Trump’s onetime enforcer denouncing him in televised proceedings, detailing a catalog of alleged cruelty and crimes, signaled the pressure the president’s already strained coalition could feel in the coming months as Congress scrutinizes him and the special counsel Robert S. Mueller III completes his investigation.

Republicans still find it difficult to imagine that Mr. Trump’s electoral base would ever desert him, though they acknowledge that bond may soon be tested as never before. Mr. Trump’s core supporters — numbering about two in five American voters, polls suggest — have stayed with him through revelations of financial and sexual impropriety, painful electoral setbacks and the longest government shutdown in history.

Read the complete article here.

Pence and Cabinet Members Are Due a Raise, as Federal Workers Go Unpaid

From today’s New York Times

Vice President Mike Pence, members of the cabinet and other high-ranking political appointees in the Trump administration are positioned to receive a pay bump of about $10,000 a year even as 800,000 federal employees are entering their third week without paychecks.

The increases are the result of Congress’s failure to renew a longstanding freeze on raises for high-ranking officials and political appointees. An extension of the freeze was included in the spending bills funding multiple government agencies that were not acted on before the expiration of the 115th Congress on Thursday.

That has created an unexpected optics issue for the Trump administration: While correctional officers, Transportation Security Administration agents, and other federal employees work without pay during the government shutdown, Mr. Pence’s annual salary could jump to $243,500 from $230,700. Cabinet secretaries who are paid $199,700 a year could see their annual pay rise to $210,700.

The administration appeared to be aware of the perception problem, and hoped to avoid it. Asked at his news conference on Friday if he would freeze the raises during the shutdown, President Trump said he “might consider that.” Sarah Huckabee Sanders, the White House press secretary, later explained that the administration was “exploring options to prevent this from being implemented while some federal workers are furloughed” and described the situation as “another unnecessary byproduct of the shutdown” that she said could be remedied by Congress.

Read the complete article here.

Haley resignation comes one day after ethics watchdog requests investigation into free flights on private jets

From today’s Business Insider:

United Nations Ambassador Nikki Haley’s abrupt resignation on Tuesday came one day after an ethics watchdog group requested the State Department’s inspector general investigate her acceptance of seven free flights aboard private jets from a trio of South Carolina businessmen.

Haley, the former governor of South Carolina, listed the flights on her 2017 financial disclosure and asserted that each qualified for an exception based on her relationships with the businessmen.

But the group, Citizens for Responsibility and Ethics in Washington, said in its complaint that Haley’s financial disclosure did not provide enough information to make the assertion that the flights between New York, Washington, DC, and three South Carolina cities qualified for the exemption.

Those flights were most likely worth tens of thousands of dollars, CREW suggested.

“Whether the exception applies depends partly on whether the three businessmen were the only sources of the gifts; if business entities were sources of the gifts, the exception was inapplicable,” CREW said. “Federal ethics regulations prohibit employees from soliciting or accepting gifts given because of the employee’s official position.”

The three businessmen who provided the flights to Haley and her husband were Jimmy Gibbs, Smyth McKissick, and Mikee Johnson. Gibbs is the CEO of Gibbs International, and McKissick and Johnson are CEOs of private companies in South Carolina.

Read the complete article here.

New sexual assault allegations roil Kavanaugh SCOTUS nomination

From today’s Los Angeles Times:

Brett Kavanaugh’s embattled nomination for the Supreme Court faced further disarray Sunday night after an explosive new account emerged of alleged sexual misconduct when he was in college, putting the White House on the defensive and the judge’s confirmation in fresh doubt.

Scrambling to respond, the White House and Kavanaugh issued swift denials of the report. Some Republicans on Capitol Hill said they were shellshocked even as they blamed Democrats for what they described as a political takedown based on scurrilous allegations.

Sen. Charles E. Grassley (R-Iowa), chairman of the Senate Judiciary Committee, said the panel would “attempt to evaluate these new claims” but did not publicly respond to a call by Sen. Dianne Feinstein (D-Calif.), the ranking Democrat on the committee, to immediately postpone confirmation proceedings until the FBI could investigate.

The new allegations, reported by the New Yorker, date back to Kavanaugh’s freshman year at Yale University, when a classmate named Deborah Ramirez says Kavanaugh exposed himself to her at close range at a drunken dormitory party, forcing her to bat him away.

Read the complete article here.