Jonathan Chait has made a seemingly safe bet by predicting that President Trump can commit virtually any high crime that he wants without fear of being impeached by his Republican colleagues in the House of Representatives. I don’t think Chait is correct, but he’s right about one thing. He says that “the impeachment clock has not even begun to move,” and it’s true. It hasn’t.
The way Chait crafts his argument is pretty standard. The Conservative Movement is designed and culturally inclined to support anyone who fights the Democrats and doesn’t deviate from the party line. While they had some doubts about Trump’s commitment to conservatism during the primaries, they have nothing to complain about now that he’s in office and fighting trench warfare against the liberal media and the moderates in his own party. As Chait puts it, “Trump is faithfully supporting the conservative agenda, so most conservatives faithfully support him.”
As a result, the Republicans have shrugged at nepotism and Emoluments Clause violations that would have aroused them to frothing madness had the Clintons committed the same acts. They’ve been fairly muted about Trump’s firing of Comey and other indications suggestive of a clear intent to obstruct justice. A lot has already come to light and yet the impeachment train hasn’t even turned on its engine.
This is all accurate. But it fails as analysis for two reasons. The first is that he says right at the top that “there will probably be no impeachment, at least not based on the field of Trumpian misdeeds currently at play.” Yet, he immediately thereafter proceeds to argue that whatever misdeeds might come into play won’t make any material difference. One can agree wholeheartedly that the current facts won’t result in impeachment without concluding that Trump is not at any risk of being tossed out of office.
The second reason Chait’s analysis falls short is that Trump is so breathtakingly ignorant, incompetent and self-destructive that he really has no true allies in elected office. What Chait doesn’t explore is how Trump’s astonishing isolation and his weak support make him incredibly vulnerable.
We can start with the fact that even Trump’s allies in the Intelligence Community have rebuffed him. He could not convince the Director of National Intelligence Dan Coats to intervene with Comey despite having nominated Coats and seen him confirmed just days earlier. He couldn’t prevent his Attorney General Jeff Sessions from recusing himself from the Russia investigation and now Sessions is threatening to resign rather than continue to serve at the displeasure of the president. He put Rod Rosenstein in place at the Justice Department to kill the Russia investigation in Sessions’ stead, and Rosenstein promptly named Bob Mueller as a special counsel to broaden the investigation. He put Mike Pompeo in to head the CIA, but the CIA seems as committed to Trump’s political demise as ever.
It needs to be remembered that the FBI has been running a counterintelligence investigation against Trump and his associates for about a year now. That’s not a good place to be. There are grand juries now looking into the activities of Michael Flynn and other associates of the president. Even if the congressional Republicans wanted to sweep all of this under the rug, they don’t have the unilateral ability to do that.
Before I go any further here, I want to dwell for a moment on how Trump has performed in office and how that is going over with the national security establishment. Trump started out by going to the CIA and disrespecting their dead. He then ignored the Justice Department’s warnings that his National Security Advisor was compromised by the Russians. He tried to compromise the integrity of the FBI director and then fired him. He tried to compromise the integrity of the head of the National Security Agency and his Director of National Intelligence. He infuriated the Israelis by giving sensitive information to the Russians in the Oval Office. He refused to commit to coming to our NATO allies’ defense if they are attacked. Most recently, he put our air base in Qatar at risk by siding against them in their dispute with other Arab nations. This is really just a short list to get the point across. I could go on at great length about his refusal to staff up the State Department or all the messes he’s created for them to clean up by insulting foreign leaders. I could talk about his horrible security as he continues to use an insecure Android phone and conducts sensitive foreign policy in public areas of Mar-A-Lago. Without any real effort to be thorough here, I just want to convey how unsatisfactory he’s been as president from the point of view of anyone who works on national security, defense or intelligence matters. Even if he hadn’t compared these folks to Nazis, they’d be scared and angry.
Chait glosses over the problem this presents for the president by arguing that conservatives “have shifted the focus to nefarious “deep state” bureaucrats who have found the incriminating evidence” and that this enables them to argue that “any actions by Trump and his staff are benign by definition, and any evidence of crimes he has committed is actually evidence of crimes committed against him.” It’s no doubt true that this is how Trump has conducted his defense. He has continually tried to shift the focus from the contents of damaging leaks to the leakers themselves. And this has worked to a certain degree, at least in holding together a thin line that hasn’t yet turned and fled the battlefield. On the other hand, the strategy has utterly failed in the larger picture. His efforts to get members of the Intelligence Community to bolster the line have actually resulted in an increasingly compelling obstruction of justice case, and none of it has prevented subpoenas from being issued by grand juries and the two congressional intelligence committees, or the expansion of the FBI’s probe. The most visible results of Trump’s efforts are that Rep. Devin Nunes had to recuse himself from the House Intelligence Committee’s investigation and that James Comey will be testifying against him tomorrow on national television.
Continuing my battlefield analogy here, Trump hasn’t been able to muster any reinforcements which could be seen this week by his failure to attract top defense attorneys to represent him or to successfully build a rapid-response communications team to fight back against Comey’s coming testimony. I’m reminded of what Confederate General James Longstreet told Robert E. Lee when he was directed to order Pickett’s Charge on the third day of the Battle of Gettysburg:
“General, I have been a soldier all my life. I have been with soldiers engaged in fights by couples, by squads, companies, regiments, divisions, and armies, and should know as well as any one, what soldiers can do. It is my opinion that no fifteen thousand men ever arrayed for battle can take that position.”
If we can set aside the merits just for a moment, the Trump administration is simply outgunned. To predict the future, why not look at the immediate past. So far, all Trump’s efforts to outflank the Intelligence Community have resulted in nothing but a deterioration of his position and a budding case for impeachment based on his conduct of the war.
Of course the nub here is how congressional Republicans will respond. Since the House of Representatives is where impeachment occurs (the Senate only votes to acquit or convict), the House is the more important of the two chambers. But the president has to be mightily disappointed by the posture of the Senate Intelligence Committee and its chairman Sen. Richard Burr of North Carolina. Burr and the ranking member of the committee Mark Warner of Virginia show every sign of seriousness in pursuing the collusion case. As I’ve pointed out before, Burr has authorized subpoenas despite not really knowing what kind of damaging information those subpoenas might yield. This isn’t how you control or stifle an inquiry. The House investigation has been far less robust, but it is still proceeding in ways that have the prospect of uncovering information that will be difficult if not impossible to defend.
The House Intelligence Committee issued subpoenas Wednesday for testimony, documents and business records from former national security adviser Michael Flynn and President Trump’s personal attorney, Michael Cohen, as part of an investigation into Russian interference in last year’s presidential election.
I guess the simplest way of understanding this is that no matter how disinclined your average conservative might be to investigate Trump or hold him to account, the conservative-controlled Congress is proceeding in ways that can lead them toward solid grounds for impeachment. They might not be as aggressive as they should be, but they can’t cover up what they don’t control. And they’ve abandoned or discarded any plan to protect the president by refusing to ask questions.
As a result, to predict that the Republicans won’t impeach Trump is to assume that they will make apologies for anything they find, no matter how outrageous or indefensible. And I won’t dispute that they are powerfully inclined in that direction for all the reasons that Chait mentions, and more.
But we should consider a few more things. Almost no members of Congress endorsed Trump in the primaries. The Speaker of the House effectively disowned Trump after the Access Hollywood tape came out in October. They tolerate him much more than they support him. And they tolerate him because they want things from him. They already got a Supreme Court Justice. They want tax cuts, too. They want to finish off the Affordable Care Act. Individual members have their own to-do lists. The problem here is that Trump is failing to deliver in rather spectacular fashion. Everything is piling up in Congress. There’s no budget, no appropriations, no tax reform plan, no infrastructure plan, no workable health care plan, and a looming debt ceiling fiasco. Congressional Republicans are publicly pessimistic about their chances of achieving anything this year and are vocal about the prospect of a looming fiscal and budgetary disaster in September. Things aren’t going to get better. They will assuredly get worse as looming catastrophes became actual real-time debacles. And that’s the context in which the #TrumpRussia investigation will unfold.
In truth, Republicans have very little use for Trump at this point. He’s given them everything he’s likely to give them. For those who are serious about foreign policy and foreign relations, Trump is an intolerably unreliable and disruptive force. Their loyalty to him is approaching absolute zero, and the only thing that keeps it alive at all is their fear of displeasing their constituents and perhaps inviting a primary challenge from their right.
I don’t discount the power of that fear, but it doesn’t count for much when compared to how Republicans felt about Nixon during Watergate of Reagan during Iran-Contra. As long as Trump is in office making indefensible statements every day and doing damage to American alliances and national security, his presence is a threat to Republican officeholders. Perhaps they won’t lose their safely red seats, but they might lose their position in the majority.
I’ve long got over the optimistic idea that Republicans will break with their president out of an instinct for self-preservation. Their behavior on Iraq in the lead-up to the 2006 midterms convinced me that countless conservatives will go down with the ship rather than give succor and support to their political enemies. But whether to surge or withdraw in Iraq was a more complicated question than whether Trump should be defended in the face of clear demonstrable evidence of high crimes and misdemeanors. Should that kind of evidence emerge, it will matter that they don’t have very much of an incentive to cover for him. In truth, most will be eager to see him gone.
Still, they likely will stick with Trump for an appallingly long time in the face of evidence that should be sufficient but proves not to be. They’ll need something very egregious and very easy for the public to understand, and that will be reflected in a softening of Trump’s support even among committed Republicans.
The timeline here is uncertain. We don’t know when Bob Mueller will start producing visible results or who he might indict or who he might flip. It might be that we don’t have to answer this question because it will a Democratically controlled House of Representatives that impeaches Trump in 2019. But the question wasn’t what will happen, but what might happen under certain circumstances.
I don’t think anything James Comey says tomorrow will lead the House to start impeachment hearings even if he makes a slam-dunk case for obstruction of justice. But I also don’t think we should base our predictions on what happens this week. We should base our predictions on what we can reasonably expect to happen in the near future. And I expect that Trump will make things worse for himself every single day and the drumbeat of leaks will be amplified by televised testimony and grand jury indictments and people copping pleas with Bob Mueller. And all of it will happen in the context of a Republican Party that can’t budget or appropriate or pay our bills on time or pass bills even when they control every lever of power in Washington.
The forces that want Trump gone are simply far more powerful than the forces that want him to stay, and the balance will keep moving away from Trump until his thin line of defense breaks. He could survive for quite some time yet, but his own glaring flaws make it a decent bet that he won’t.
Thanks for another indepth analysis, Booman. That’s why I come here.
Trump shit the bed immediately when he insulted the Intelligence community right off the bat. To go off on them during the campaign and then blast them again after his election was probably high on the list of Stupid Trump Tricks. And they won’t forget it.
And Republicans will give him as much leeway as they can because he is demolishing every decent thing Obama helped establish, but even diehards are going to sweat some when Comey testifies and when others come forward to talk about Russian interventions.
Only the rabid Trump followers will carry his banner. The loyal KKK types, the Tea Party remnants, the voters who would follow Trump off a cliff; these idiots will claim he’s been unfairly attacked, that we should give him more time and let Trump be Trump.
I think we’ve seen more than enough of Trump being Trump. I’d like to see Trump being impeached.
Two observations:
Sen. Richard Burr has already announced he’s not running for re-election. That gives him some freedom that those under the leadership’s thumb do not have.
At some point the Who, What, When, Where, and Why of the Trump’s campaign’s collaboration with Russia will have to be documented. This was a problem with Watergate as well, and the Church Committee process, and Iran-Contra. Without declassification of key material, the public will not have any ideas what is being charged.
Reality Leigh Winner’s leak shows the sort of information that might come out. But the Intercept gang are no Woodward and Bernstein and Winner is no Mark Felt. Based on their own statements in the past, neither Clapper nor Brennan can be completely credible. “Least untruthful” will not cut it with the public.
The US’s extraordinary concern about secrecy has painted it into the corner, with classification serving to hide wrongdoing instead of national security, and using the espionage act, even without charges of espionage serving to deny a public good defense for whistleblowers.
And obstruction of justice charges obscure the original high crime and misdemeanor, which has to do with undermining the US constitutional order. So far impeachment has to do with (1) not doing what Congress wants and (2) lying about a blowjob. Nixon, W, and now Trump, having actually attacked the constitutional order will likely escape actual impeachment of their characters, in the 18th century sense. And the actual working of government will grandfather-in their abuses.
Nonetheless, I hope you are right in your analysis. Something pretty major is required to put the US government back on track as a constitutional regime with the real protection of the Bill of Rights.
Yes Tarheel!!!
Right on point once again.
Especially this part:
And this:
Tell it like it is!!!
Thank you…
AG
The 1787 Constitution is dead past any possibility of revival. There would have to be a complete break of institutional continuity before a new constitution could be put in its place. More importantly, the precondition for developing any new constitution would be a complete re-education of the American people, which is not thinkable under present circumstances. If it ever becomes thinkable, implementing it will require a human lifetime.
Precisely.
Thank you…
AG
He doesn’t need any. Instead he has the Crazification Factor voters. Any Repub in Congress, no matter how batshit, insane, RWNJ he or she might be on any policy matter will automatically lose 27% of their vote should they vote to impeach the Popular Vote Loser.
Impeachment is a political act. Period. Every person in Congress will look at such an action thru a political lense, ie., will this help or hinder me come election time. As long as the Popular Vote Loser can point to his level of Republican voter support being high, no one in the party will buck that because it means political suicide.
The modern GOP has shown time and time again that it values party over country. Until such time as the Popular Vote Loser’s actions cause his support to erode among Republican voters, it doesn’t matter what he does or who he doesn’t have in elected office supporting him.
And sure, if all this same crap happened under Clinton’s watch, we’d be weeks into impeachment proceedings but that’s just your typical IOKIYAR at work.
Bravo! Every Trump foe should tattoo on their foreheads “IMPEACHMENT IS A POLITICAL ACT.” Backwards so they read it in the mirror first thing every day.
An unpopular president could be impeached for picking his nose whereas a president with solid support could toss children into a woodchipper on live TV and not be impeached.
Your analysis sound very well balanced and accurate to me, but I think you’ve missed a ringer: Mega-Church Xtians.
No one has ever accused these people of being liberal, but their conservatism is couched in a ferocious defense of Christian privilege at the least or Prosperity Christianity at the most. So far, Trump has somehow managed to not lose their support, but I think it’s mostly because they haven’t yet really realized that they have a viable alternative. They will and Pence is a far better fit for these people. I think the current leadership (Ryan, McConnell, Coryn, and so forth) are between a rock and a hard place with regards to this power block.
On the one hand, even though they have the power and know a lot about how to keep it, Trump is willing to burn down their house in search of short term goals. On the other hand, the TP caucus has already shown a willingness to challenge and defeat them in the House. The TeaParty is not one on one with the Christian Right, but the leadership of both are closely tied. Ted Cruz is in need of a signature issue to keep his base alive and Fuck Trump … Let’s have a REAL Christian in the White House, fits on a bumber sticker well.
If the time ever comes that where Trump gets backwards of these people the long knives will come out and he’ll be impeached in a week.
You write:
Hmmmmm…
Sounds like someone who wants to bring down the government. Acting as a sort of reverse Judas goat, leading it on into ever-deeper waters of unelected power…Intelligence power above all.
Oh.
Wait a minute!!!
Only a real spy…a spy genius…could think up.and put into effective action such a convoluted plot.
Oh.
Nevermind.
Yore freind…
Emily Litella
P.S. Only half a joke. I honestly don’t know which half anymore. I really don’t.
We’ve all heard of military dictatorships and their dangers/failures, right?
Out of this whole mess could easily come something entirely new. An Intelligence dictatorship. Hidden but still in control.
John le Carré lives!!!
It shall be interesting to see what happens. Seems quite a few GOP Congress members have Russian financial ties themselves.So replacing Trump with Pence will have no other results then name change. All the policies that help Russia will still be pushed hard.
There’s a lot here to think about, but on the impeachment process: I think the real Pickett’s charge of this process is the senate. 2/3 needed to convict.
I think Democrats will find they have little incentive to cooperate with impeachment should it come to that. It will mean that a kind of Republican coup is taking place. The next president will be another country-destroying RWNJ. Democratic senators will be required to finish the impeachment and allow this to happen.
For D’s, politically, better the crazed executive and the blind hog legislature keep demonstrating their complete incompetence by fighting each other to the death.
The Republicans can see this too.
seriously?
you can’t actually be serious.
Democratic Senators have Democratic voters to face, so voting against impeachment would not be viable for them politically.
They paid what price for not impeaching Bush?
Senators?
At what time did Senators ever have the opportunity to vote on convicting any Bush at impeachment?
Readership skills much? Needs work.
The choice is a very bad Hobson’s choice, and (unless some underlying things change) it will be painfully obvious at the time if it isn’t obvious now.
“…he really has no true allies in elected office….”
You do not mean allies, you mean friends. Allies have common interests; they need not be friends. There are many elected officials,at the Federal and state level, who have common interests with Trump.
“…The forces that want Trump gone are simply far more powerful than the forces that want him to stay…”
I’m sorry, this is simply absurd. If it were true, then Congress would not look anything like it does, to take only the single most obvious example.
At a certain point — if enough damaging evidence of foreign influence, dirty money etc. emerges — even the most recalcitrant congress will have to move towards impeachment just because it looks real bad not to.
Right?
I mean, that was kind of what happened with Nixon: an end-of-the-movie-Witness moment with Harrison Ford shouting, “Enough! Enough!” while seizing the villain’s gun and throwing it to the ground — meaning, no matter what the allegiances or the angles or the backroom deals or the quid-pro-quo arrangements or the party politics or the voters’ positions are, when you’ve got essentially treasonous acts revealed in testimony and evidence, you kind of don’t have a choice…you have to act. (Like a crooked cop apologetically saying to a drunk criminal, “Come on, sir…I’m sorry but I’ve got to take you in.”)
I guess this is what they call “optics,” right?
Nixon had a Democratic Congress that wasn’t really ever on his side. Trump has enough Republicans backing him that they won’t do anything
The testimony (lack of it, really) of the intelligence heads so far suggests we’re still pretty far from that point. I’m not sure if Rubio was trying to cover for them but Angus King was pissed when they stonewalled him.
The presidential approval ratings would seem relevant here. Right now Trump is at 39%. That’s shockingly low for a new president, but not so low that he is likely to be impeached. But, if you just plot out the trend line, he will hit 30% around December.
At that point, Republicans will be itching to get rid of him. But with the midterm election coming up, they will be wary of the political consequences of pissing off the crazification base. So, they might well prefer to go into the midterm with Trump. They will take a walloping and then the new democratic House will do the impeachment.
At that point, republican senators will find it very much to their liking to get rid of Trump and go into 2020 with incumbent President Pence.
“quinnipiac“
My guess not much happens until November 2018 is past.
After that, GOP will not want Trump albatross on necks going into 2020 campaign season.
I think impeachment will come down to the polling for the 2018 election.
If it looks like the Republicans are going to lose the House they will impeach Trump themselves and the Senate will convict. They will need to put someone in the Vice President’s seat who is untainted by all the Russia stuff. They or Pence resigns because… reasons.
Otherwise, they risk losing both Trump and Pence to the Russia investigation. If that happens and the Democrats have the House it’s Hello, President Pelosi.
Republicans won’t risk that.
Trump is still white, vile, and full of hate.
That’s what the people who elected him want.
Unless some day Trump wakes up and isn’t white, vile, and full of hate, he’s fireproof.
The people who elected him are more likely to bail on their GOP senators and representatives than to bail on Trump.
There’ll always be another Senator Ghastly. But their whole lives, they’ve been waiting for Trump.
He’s their god-emperor. His elevation elevates them.
God-emperors don’t commit high crimes and misdemeanors. They transmute actions that would otherwise be high crimes and misdemeanors into noble acts.
That, and not Pence, is Trump’s impeachment insurance.
Down ballot, the GOP needs those votes.
Eventually everyone except Trump will go under oath. Things will get very bad then. I doubt Trump will be impeached, but everyone around him is in a lot of trouble.
Having a special prosecutor is no joke. Their specialty is destroying lives, one at a time. Trump wont be impeached, but a lot of people, including family, are going to be put in cuffs.
.
Booman, I think you are right but, if the GOP spends their time questioning Comey about HRC emails impeachment will take much longer than you believe.
Your view of elected republicans seems incredibly rosy considering the last 50 years. Yes, if I’m not wrong the only national endorsement trump got was from the KKK, and their military arm the NRA. Every republican was spouting disdain and unbelief that this guy was a viable candidate, until he won. If you know of a single elected republican that has mentioned anything other than mild distaste for anything trump has done since, then please share. This group of republicans has throughout the years proven that they will say anything, not matter how untrue, stick to the lie, no matter how debunked, to remain in office. the Director of the CIA, NSA, Secretary of State, these people don’t control the purse strings that elect republicans, I don’t expect their displeasure causing any elected republicans any lost sleep