Tag Archives: US Constitution

Mr. POTUS, impeachment is quite ‘constitutional’

Donald Trump, as it has been noted repeatedly, doesn’t know what is in the U.S. Constitution.

Thus, when he complains that efforts aimed at impeaching him are “unconstitutional,” he merely reveals his utter ignorance of the nation’s founding document.

It’s in Article I, the part of the Constitution that lays out legislative responsibilities. It refers to how the Senate shall have the “sole responsibility” to try the president for crimes brought by a House impeachment. It’s near the end of Section 3. Really. It is!

And in Section 2, it says the House shall have the “sole power of impeachment.”

It states that impeachment shall reach no further than “removal from office” of the person being impeached. That includes the president. Yep. It’s in there, too.

So, there you have it. Donald Trump seems to believe the House is acting outside its constitutional authority.

Hmm. No. It isn’t. It is acting solely within its authority. It is following the letter of the law and of the Constitution.

The president needs to look at the document he swore to defend and protect. It’s not a difficult thing to do.

Yes, it’s time to impeach the president of the United States

You may now count me as an American who has changed his mind on whether to impeach the president of the United States, Donald Trump.

I had been in the camp of those who said impeachment was a potential political loser. I had joined House Speaker Nancy Pelosi in digging in against impeaching Trump. Why not wait until the 2020 presidential election? Why allow the Democratically controlled House to impeach Trump, only to allow the Republican-controlled Senate to acquit him?

That’s all changed. In my view, the president has delivered impeachable offenses to the House and to the Senate.

We had that memo taken from the transcript of the phone call Trump had on July 25 with Ukrainian President Volodyrmyr Zellenskiy, when Trump asked Zellenskiy for help in getting him re-elected. Oh, and then he asked for that “favor, though,” when he indicated he would withhold shipment of arms to Ukraine until after Zellenskiy did as Trump had asked.

The president is not allowed to seek foreign government assistance in that manner. It’s in the law. It is implied in the Constitution. Trump has broken the law and broken faith with the oath he took to defend the Constitution.

The House must not wait any longer than it needs to wait.

As for the Senate, I remain skeptical about that body’s collective courage, doubting senators will be able to muster the two-thirds majority it needs to convict the president and, thus, boot his sorry backside out of office.

Trump won’t cooperate with the House committees seeking information about what the president said and when and to whom he said it. He keeps insisting that he did nothing wrong, that his phone conversation with Zellenskiy was “perfect.” OK, then, why does he dig in and resist at every turn? Why does Trump insist that he didn’t ask Zellenskiy for dirt on a political foe, Joe Biden, when the memo already published suggests that he did that very thing?

He blasts the media, Democrats and even the few Republicans who’ve shown the guts to criticize the president. Trump says the impeachment drive is “illegitimate” and calls it an attempted “coup” to reverse the results of the 2016 presidential election.

Come on! The House is pursuing a legal attempt to hold the president accountable for his own acknowledged actions.

And then we have the whistleblower, acting under the protection of a law that aims to protect these individuals who reveal corruption in our government. One of them has filed a report with credible evidence that Trump has sought to use the power of his office for personal political gain. He or she has “indirect” knowledge. Then we hear about a second individual with “direct” knowledge of what already has been alleged.

Trump wants to reveal the identity of this individual, or both individuals. He is threatening them with the same punishment we hand out to those convicted of espionage.

If that isn’t witness tampering, or obstruction of justice or abuse of power then there is no standard that fits any of those misbehaviors.

Donald Trump needs to be impeached. The House needs to act with deliberate speed.

‘Emoluments’ have become a matter of interpretation

Donald Trump has violated his oath of office. I stand by that assertion and will continue to stand by it for as long as I am able to stand by anything.

But I have received a fair question from someone who commented on a recent blog post. The question, in part, asks this:

“[N]o Person holding any office of Profit or Trust under [the United States] shall, without the Consent of the Congress, accept of any present, Emolument, office, or Title, of any kind whatever, from any King, Prince, or foreign state.”

If this is the part of the Constitution that he has allegedly violated, then I guess the theory is that he was seeking a present from the President of the Ukraine in the form of an investigation into Burisma and the Bidens.

The blog reader asks for a blog post that explains what Donald Trump has done to call for his impeachment.

I believe the Emoluments Clause is a tangential element in the argument that he has violated his oath.

My greatest concern is the “favor” he sought from Ukrainian President Volodyrmyr Zellenskiy. The Ukrainian president said in that July 25 phone call that he appreciated the help coming from the United States in the form of weapons Ukraine is using against Russia-backed rebels. Then the next thing that came from Trump referred to a favor he wanted “though” in exchange for the funds already appropriated by Congress. He said he wanted Ukraine to investigate allegations that Joe Biden and his son, Hunter, profited from a business relationship that Hunter Biden had with a Ukrainian businessman.

Therein lies the violation, in my view.

You see, the president withheld money approved by Congress to aid a U.S. ally in its fight against a U.S. foe, Russia. Therefore, he put our national security at risk. Thus, he violated the oath he took to protect and defend the Constitution and to protect Americans against foreign adversaries.

Congressional Democrats have launched an impeachment inquiry that appears headed toward a certain impeachment of the president. I don’t know what the inquiry will reveal. There will might be something to allegations that the president is actually profiting from his office, with foreign governments spending money at the glitzy resorts he still owns.

First things first. The inquiry needs to come to grips with this patently frightening notion that the president of the United States is stiffing an ally, benefiting an adversary and in the process putting Americans in jeopardy.

If it were up to me, I would call that an impeachable offense.

Is it OK to ask foreign governments for partisan political help?

This note is directed at you, U.S. Rep. Van Taylor. I have asked your staff for an answer, but haven’t gotten one, so I’m asking you directly, through this blog.

Here is my question: Is it all right for the president of the United States to ask foreign heads of state for help to get him re-elected, and is it all right for POTUS to ask those heads of state for dirt on a potential political foe?

I have looked through your website. I have tried to find a comment from you on the crisis that is metastasizing in the White House. I have come up empty.

I know you’re a freshman member of Congress. I also am acutely aware that you are not a blowhard in the fashion of some of your Democratic colleagues who have found ways to get their names in print and their faces on TV all … the … time! I admire that aspect of your still-brief service on Capitol Hill, congressman.

However, I want to know what you as a dedicated Republican think about what Donald Trump has acknowledged openly has done. He told the world that he is urging China and Ukraine to “investigate” Joe Biden and his son, Hunter.

I believe the Constitution is clear that presidents must not use their office for personal gain, or political advantage. I also believe the president has violated that prohibition. He said so himself. We don’t need a “whistleblower” to tell us something the president himself has admitted to doing.

Why, though, do you and your fellow Republicans remain largely silent? This is unacceptable! Members of Congress who aren’t revolted and repulsed by the president’s conduct are derelict in their duty.

I want at the very least for my congressional representative — that would be you, congressman — to at least declare publicly that you will not tolerate any betrayal of a solemn and sacred oath that the president has taken.

I believe the president has betrayed his oath. I also want you to stand up for the principle of defending the Constitution.

Wake me from this ‘long national nightmare’

Gerald R. Ford ascended to the presidency on Aug. 9, 1974 and declared that “our long national nightmare is over.”

That was then. The Watergate scandal consumed the presidency of Richard Nixon. He was facing certain impeachment by the House of Representatives and equally certain conviction by the Senate. So, he resigned.

President Ford’s declaration comes to mind now as we lapse into another nightmarish stupor. Donald Trump is facing nearly certain impeachment by the House. The acknowledged circumstance appears to make the Watergate burglary and the cover up seem tame by comparison. Trump has admitted to soliciting foreign government help in securing his re-election. Today, he astonished the world by saying China and Ukraine both should investigate business dealings done by former Vice President Joe Biden, a potential opponent of Trump in the 2020 election.

I fear the nightmare this time will not end as cleanly as it did in 1974 when President Nixon resigned.

The House has enough evidence to impeach Donald Trump. The Senate, though, isn’t showing a hint of the courage demonstrated during the Watergate matter. Republican senators are standing behind Trump, who clearly has violated his oath of office by placing his personal political interests ahead of the country’s national interest.

How this crisis ends is anyone’s guess. Trump could follow the Nixon model and resign; he won’t. The president could be impeached and then be acquitted by the Senate; then he’ll run for re-election crowing about being found not guilty of what he has acknowledged doing.

He could be impeached and then convicted; but how might he depart the White House? I have zero faith that he would leave with any sense of shame or humility.

We’re entering another long national nightmarish scenario that doesn’t appear headed toward any sort of clean ending.

It’s not all grim, however.

President Ford also reminded us that “our Constitution works.” It most certainly did in 1974. I am clinging tightly to my belief that it will work yet again this time around.

‘Treason’ becomes a vastly misused term

Donald Trump has accused U.S. House Intelligence Committee Chairman Adam Schiff of committing an act of “treason” as he leads the House probe into whether to impeach the president of the United States.

With that, I turned to my handy-dandy, dog-eared American Heritage Dictionary, which describes “treason” thusly:

“The betrayal of one’s country, esp. by aiding an enemy.”

Why look it up? Why question yet again the wisdom of the president’s unhinged rhetoric?

For starters, Chairman Schiff has performed a duty that the law prescribes. He chairs a House committee and has embarked on a task set forth in the U.S. Constitution. His conduct is the exact opposite of treasonous. He is a patriot who is doing his duty under the law.

Now, what about the president? Has he committed a treasonous act? I do subscribe to that notion, either.

Donald Trump has violated the oath of office he took by soliciting help from a foreign government on his re-election effort and in digging up dirt on a political opponent. However, I want to make this point abundantly clear: The president has committed an act of treason. He hasn’t “aided an enemy” state. It’s not as if the United States is in a state of war with Russia, or with Ukraine, or with any nation on Earth for that matter. I include North Korea in that last point, given that Congress never declared war against North Korea when we sent troops to fight the communist nation during the Korean War in 1950.

Of all the major political figures misusing the “treason” epithet, Donald Trump is by far the most egregious offender. He hurls it at foes with zero regard to the immense consequence of what the term entails and the punishment that falls on those who commit such an act.

He won’t stop misusing the term. He cannot stop.

Donald Trump is scaring the daylights out of many millions of his fellow Americans. I happen to be one of them.

Impeachment probe heads down potentially dubious path

Count me as one American — admittedly a fervent anti-Donald Trump American at that — who wonders about the wisdom of marching down a potentially perilous path toward impeaching the president of the United States.

Congressional Democrats appear poised to expand the investigation into whether to impeach Trump to include the most recent charges related to assorted allegations of corruption.

I want to caution the Democratic caucus about the perils of this probe.

It appears at this moment to be virtually an all-Democrat effort in the House, which would impeach the president. They need only a simple majority to essentially file the formal complaint against Trump. Even with the added allegations that Trump is possibly benefiting from his high political office, Republicans remain stone-cold silent on it.

What happens if the House of Representatives, with its 35-seat Democratic majority, impeaches the president? It goes to the U.S. Senate, which is still controlled by Republicans. Is the GOP majority going to convict Trump of anything?

Hah! Not with a two-thirds conviction provision written into the U.S. Constitution. I am not even sure the Senate could must up even a simple majority to convict Trump and kick this utterly unfit individual from the presidency.

Which brings me to my fundamental point: House Speaker Nancy Pelosi has dragged her feet on impeachment for good reason. She knows the Senate ain’t gonna convict Trump. So, why rush to judgment? Why not wait until after the November 2020 election when the political calculus might be radically different.

Donald Trump could be removed from office by the voters and/or the Senate could flip to Democratic control. If the first thing happens, then the nation might get to watch a criminal proceeding launched against a former president. If the Senate flips from R to D, though, that doesn’t guarantee anything; the Constitution still requires a two-thirds vote to convict an impeached president.

This is dicey stuff, folks.

Sen. Seliger thrust into middle of national debate

A Texas state legislator, a fellow I know well — and someone I have supported strongly in this blog — finds himself at “ground zero” of the national debate over how to cure the scourge of gun violence.

State Sen. Kel Seliger of Amarillo, whose sprawling Texas Senate district covers Odessa in West Texas, has spoken for many Americans while commenting on this latest spasm of violence, which left seven people dead and dozens more injured.

According to the New York Times: “We’re not nearly past El Paso and then here it happens again,” said … Seliger, a Republican whose district includes Odessa and who is a former mayor of Amarillo, a city four hours north of where the attack unfolded. He said the attack forces people into the position of “not thinking to ourselves, ‘If this is going to happen again?’ but when it’s going to happen again.”

Seliger is not one to run from his political alliances, but I am struck at this moment by the TV ad he ran while seeking re-election in 2018; in the ad, he pulls away in his pickup while sporting a National Rifle Association sticker on the truck’s rear window. Yes, Seliger is proud of his NRA membership and I don’t for a moment believe he is going to renounce the organization in the wake of this latest massacre.

Seven people died in the slaughter in Odessa. Police killed the gunman in a fire fight.

I am wondering about the pressure Seliger is going to feel now as a senator representing a community victimized by this latest gun violence tragedy.

Seliger is my friend. I have tremendous personal affection for him; I also respect the service he has performed on behalf of his Senate district.

However, I do not want him to dig in with the NRA’s traditional mantra of keeping hands off of any effort to legislate a potential remedy to this kind of gun violence insanity.

I want this good man to stand strong in favor of working with legislators and members of Congress who ought to look for those legislative remedies and, yes, remain faithful to the Constitution’s Second Amendment.

I truly believe there’s a way to do this.

Is there any sense of propriety in the White House?

This is rich beyond belief.

The president of the United States apparently sees nothing wrong with the attorney general of the United States booking a spendy family party at a hotel the president owns.

Donald Trump and William Barr appeared made for each other.

The AG booked a party for Dec. 8 that will cost about $30,000 at the Trump International Hotel in Washington, D.C. Barr will pay for the party out of his own pocket.

But, my goodness, this appears to violate that knotty issue called the Emoluments Clause in the U.S. Constitution. The president is not supposed to profit financially while in office. Yet the attorney general is going to have a big family party at a Trump property, giving the president a healthy chunk of change.

There are ethics concerns about the wazoo, man.

According to FoxNews.com: “Career ethics officials were consulted and they determined that ethics rules did not prohibit him from hosting his annual party at the Trump hotel,” the DOJ official told The Post.

Of course the Justice Department wouldn’t see anything wrong it! Barr runs the department; Trump nominated Barr to become the nation’s top law enforcement official. Barr has been acting as Trump’s personal lawyer more than the nation’s top legal eagle.

Others do see a problem … as if it matters one damn bit to the attorney general, let alone the president.

Trump shows his self-punishment gluttony

Donald Trump surely must be a glutton for punishment.

He has left the G7 meeting in France and now wants to play host to the next summit of the world’s economic powers at his Florida resort at Doral.

Can you say “Emoluments Clause,” anyone? Anyone?

That’s the part of the U.S. Constitution that makes it illegal for presidents of the United States to profit from their public service. You know, taking gifts from the foreign heads of state, kings, princes and potentates. That kind of thing.

So why is Trump pitching this idea of playing host to G7 powers at his glitzy estates? He still owns the place. He is still earning a substantial living from it. He didn’t divest his financial interests after taking office as president.

I don’t get this one single bit.

Trump kept delivering impromptu infomercials to his fellow G7 participants.

Then there’s this: He wants Russian strongman Vladimir Putin to attend the next G7 summit. Yep, Russia. The country got booted out of the G7 because of its aggression against Ukraine. The member nations made the call.

Yet the dictator’s BFF, Donald Trump, wants to give him a pass. Bring him back, says Trump. Let’s make the G7 the G8, even though Russia is a third-rate economic power.

Trump is inviting more trouble for himself.

Unbelievable.