By Glen Reaux

Donald J. Trump, at the very least, is the oddest President in American history.  This oddity is well documented by behavior that can easily be characterized as eccentric, crank and even misfit, all of which are very descriptive synonyms for his behavior.  However odd as this behavior may be, aside from the possibility that this president may just be a sociopath, an examination of the things and events that have caused or motivated this behavior and the effects that this behavior has had upon our nation and our individual lives is needed.  Upon thorough examination of Trump’s behavior, “The arguments for impeachment legal and strategic” must be weighed heavily by both the Democrats and the American public.  After which, the following questions must be asked and answered.

1. Does this president’s odd behavior lead to grounds for impeachment or indictment?
2. Was the completion of the Mueller probe necessary for impeachment?
3. Surely impeachment is an option for the Democrats as is an indictment?
4. If so, then why are Democrats so hesitant to do it?
5. Do Democrats fear Trump’s base?
6. Will the polls support a decision to impeach?
7. Are the Democrats suffering from paralysis by analysis?
8. Is impeachment a constitutional duty for the removal of a corrupt or criminal president?
9. Should a political decision take precedent over a constitutional decision?

Regardless of the answers to these questions or perceived logical explanations for inaction, it is obvious that fear is the motivating factor behind the Democrats inaction to this President.  It is this emotion of fear that has plagued the Democratic Party since the end of the Lyndon B. Johnson (LBJ) era.  Based upon the party’s track record since Kennedy and LBJ, these two former Democrat Party Presidents appear to be the last true heroes to have gone to war with the Republicans for the soul of this country.  LBJ’s civil rights initiatives and enforcements are proof that a war with Republicans can be won.  The Republicans believe that the Democrats are spineless and there may be some proof to support their hypothesis.   And, unless they take the advice of a famous fictional American Pop Icon, they will lose the war.  Although this advice comes from a fictional character, it has never been more apropos, “You must learn to govern your passions or they will be your undoing” – Mr. Spock.  Love of this country, hate for injustice and fear of being misjudged for their actions are the passions that have misled the Democrats.  This inability to govern one’s passions when coupled with a Kumbaya attitude toward a party that has openly declared war against them has given the appearance of cowardice or weakness.  Not unlike stampeding horses following the alpha stallion over a cliff, the Republicans are following Trump’s leadership.  No one or thing in nature follows weak leadership.  But, like stampeding horses, people will follow strong leadership to their own demise.  This is endemic in all species, including humans.

There are two cases for impeachment, legal and strategic.  Both cases take time.  And, right now the timing is perfect and the opportunity must be seized.  To wait any longer would be unforgivable.  Even if the legal case is defeated in the Senate and it probably will be, the strategic case will lead to victory.  Both the legal and strategic cases start with the U.S. Constitution.  But, before starting this process, the House has the constitutional right and duty to subpoena the President and force him to explain his actions before its body.  Although impeachment can start without this step, strategically this should be the first step.  If he reuses the subpoena, he can be held in contempt of Congress.  The Supreme Court decision of 1821, Anderson v Dunn 1821¹ gives the House the power to execute a subpoena, it also gives the House the power to arrest someone, forcibly detain and present them to Congress for testimony until the testimony is completed.  Congress enacted a law in 1857 making contempt of Congress a criminal offense.  The office of legal counsel, a department within the executive branch has asserted that the President of the United States is protected from contempt of Congress by executive privilege. This is their opinion in defense of past Presidents.  If the President refuses the subpoena, it gives the House a strategic advantage in the court of public opinion.  After all, why would a President object to his constitutional duty of reporting to the House of Representatives?  They have an even greater advantage if they use their power to arrest him and force his testimony.

This president, fashions himself to be an exceptional businessman and an incredible CEO with “a very big brain.”  Like any CEO, he is an employee accountable to his employer, the People of the United States.  As an employee of the people, he has to prove that he is worthy to keep his job.  A public hearing gives him that opportunity.  Donald J. Trump, through his own words spoken publicly, on innumerable occasions has proven that he is unfit to occupy the office of President.  His ego and “very big brain” which is known for its ability to spout limitless lies and unintelligible gibberish is tailor-made for self-incrimination.  He cannot control himself.  During testimony, if “the Donald” invokes his 5^th amendment rights against self-incrimination, the question in the court of public opinion becomes “what crimes is he refusing to incriminate himself of.”  President Donald J. Trump is the Democrats best witness and argment for either or both impeachment and indictment.  His testimony can highlight the Republican Senate’s complicity in his administration’s crimes and or failures.  Letting him hang himself is why a public hearing in front of the House and the American people is necessary before moving forward with impeachment or indictment.  His hearing is far more important that parading a long list of his accomplices before the House.  In business and government, management is top down.  Cut off the head of the snake and the body will tumble.  Put Trump in a position where his “very big brain” will cause him to cut off his own head.

The legal argument for impeachment is rooted in the constitution:

Article II Sec.4 – The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors².

Step one in the process begins with the origination of articles of impeachment in the House and followed by a vote.  The house needs a simple majority vote to pass the articles of impeachment which constitute the formal allegation or allegations.

Throughout his administration, Donald Trump has exhibited a strong contempt for the rule of law.  Examples of his contempt accompanying possible impeachable offenses and supporting evidence include:

1. His use of the military to enforce his domestic immigration policies are in violation of the Posse Comitatus law
2. His abuse of power which include overriding the rulings of established career officials in their refusal to issue security clearances to his son-in-law Jared Kushner and several others
3. Abuse of power via his open intimidation of officials such as Jeff Sessions by using Twitter to hinder their abilities to administer laws and impede the Mueller criminal investigations
4. Obstruction of Justice through his open confession on national television for his reasons for firing FBI Director James Comey
5. His attempts at witness tampering aka obstruction of justice through the use of Twitter as a means to offer a pardon to Paul Manafort
6. His attempts at witness tampering by threatening or inciting others to target Michael Cohen
7. His violation of campaign finance laws in the Stormy Daniels and Karen McDougal cases
8. Being named an unindicted co-conspirator in these crimes
9. Proof of the payments provided by Michael Cohen before Congress
10. An audio recording by Michael Cohen of Trump instructing Cohen to make the payments
11. Abuse of power – The fact that he has not reported to Congress on any of his meeting with Vladimir Putin and Kim Jong Un, both leaders of foreign adversaries
12. Abuse of power – He has ordered translators not to discuss these meeting with any other government officials
13. Violation of the emoluments clause of the constitution³ prohibiting an elected official from receiving gifts or payments from foreign governments and monarchies.
14. Abuse of power by use and requirement of nondisclosure agreements by government officials as an intimidation tactic to prevent them from testifying against President Trump. These are unenforceable and unprecedented agreements

Several of these charges involve obstruction of justice, witness tampering and the abuse of power.  These charges all fall under the “other high crimes and misdemeanors” category of the statute.  Abuse of power, in the form of “malfeasance in office” or “official misconduct,” is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties.  Malfeasance in office is often grounds or a cause for removal of an elected official by statute.  Other grounds for the impeachment of so-called president Trump could stem from his violation of the emoluments clause which prohibits government officials from personally profiting or accepting gifts while in office.  In 2016, the Brookings Institute published a document explaining the constitutionality of the emoluments clause and how it would apply to Trump and his business interests.

Step two in the process requires an impeachment trial before the Senate of the President for the crimes detailed in the articles of impeachment.  Neither of the two former impeached presidents, Andrew Johnson and Bill Clinton was convicted by the Senate.  There has never been a president removed from office using the impeachment process.  The fact that an impeachment trial has never been successful is not a valid reason not to impeach Trump.  Neither is the fact that a Republican controlled Senate would probably acquit him.  Also, approval ratings and polling data should not be factors one way or the other.  Justice should be the only reason for impeachment proceedings and guilt or innocence the only factor influencing the vote, nit partisan loyalties.  The American people are entitled to due process and an impeachment trial is warranted.  Regardless of the outcome, the people have the right to draw their own conclusions about the outcome and the process of impeachment.

An impeachment trial is not a criminal prosecution and does not carry criminal penalties.  A Trump impeachment trial would be presided over by the Chief Justice of the Supreme Court and a two-thirds majority vote is necessary for a conviction.  The penalty is removal from office.  A criminal referral may be issued to the justice department which can pursue a criminal indictment.  This indictment could lead to a criminal prosecution followed by a trial and possibly leading to a criminal conviction and punishment.  This has never happened in the United States.  But, truth is stranger than fiction and Donald Trump’s election to President and his administration are proof of that axiom.

The strategic argument for impeachment is as strong as if not possibly stronger than the legal argument.  This argument involves the court of public opinion.  Despite the possibility of a loss in the Senate, a win in the court of public opinion can still bring about justice.  The war for the soul of this nation will not be won in the courts.  It will be won in the hearts and minds of the public.  A Senate vote to acquit the Trump despite overwhelming evidence to the contrary will expose the Senate to increased public scrutiny and through effective messaging can expose their complicity in support of the President.

This President has done an incredible job of polarizing the country through his tactics of hate mongering and divide-and-conquer.  He has his base of 33% that he panders to while placating the independents.  The Democrats are dug-in and rightfully so.  The strategic factor here is that in the 2017 midterm elections, 47% of voters identified as independents.  They identify as independents because they are not totally supportive of either party.  In large part, this is due to their allegiance to either a belief in nonpartisan justice, patriotism or by placing their own self-interests over partisan politics.  Independents will vote for either party that best addresses their issues.  It is with independents that, the power lies to win the war.  Proof that the President’s actions and those of the Senate which supports him are in direct conflict with their interest will be exposed throughout the entire impeachment process.  Independents are human beings with a sense for decency, truth and self-preservation.  The President’s crimes and the Senate’s indiscretions and complicity, properly messaged, independent voters will hold the Republican Senate and Trump accountable.

Throughout his campaigns and administration, Donald Trump has attacked the media and labeled the media as the enemy of the people.  This vilification has made the media a very powerful enemy of his tactics and ideologies which are un-American at the core.  The media enemy that Trump has created is a very powerful enemy that has been waiting a long time for the legal, ethical and moral opportunity to strike.  Independents and the media are overwhelming factors in the strategic argument for impeachment, an argument that will lead to the defeat of the Republican Senate and Presidential candidate in 2020.

The American people will not follow leadership that is too afraid to act on their behalf.  Winning politics is about ideology, messaging, courage and leadership.  If the Democrats can remind the people, of the American ideal that “No Man Is Above the Law”, message it properly to prove the case that, the President’s violations of this core American value has negatively impacted them individually, his actions will destroy their children’s future and yet have enough courage to lead this country through impeachment, they will save this great nation from its next step in devolution which if not stopped, we may never recover from.

The Democratic Party has a history of coming to the table with an olive branch in hand.  But, when dealing with an adversary that has declared you as an enemy and is waging a take-no-prisoners, no-holds-barred, all-out war against you, offering an olive branch to a self-proclaimed enemy is tantamount to suicide.  The Republicans see this offering as a weakness and will inflict a massacre upon the Democratic Party.  Democrat troops and supporters will view this as poor leadership and desert them in battle.  Democrats must first win the war for the soul of this nation before the olive branch can be offered.  Anything else will lead to their demise and possible execution.

In the past, executions often took the form of hangings.  In the old west, public hangings were commonplace spectacles because the horror of this act was truly a strong deterrent to crime.  It is a sad fact but this country needs a public hanging.  Democrats must develop enough courage to give this country a constitutionally, House mandated public hearing.  By either accepting or denying the subpoena for a congressional hearing, Trump will be given the proverbial rope.  By relying on his “very big brain” and egomaniacal personality, he will surely hang himself and the Senate, thus self-administering justice for us all.

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Linked Sources and Documentation

1. Anderson v. Dunn –Anderson v Dunn 1821
2. Article II Section 4 – https://www.law.cornell.edu/constitution/articleii
3. Nobility or Emoluments Clause – Article I, Section 9, Clause 8 of the United States Constitution

Copyright © 2019, Glen Reaux, all rights reserved