Roger Goodell Continues to Lie About Colin Kaepernick | The Nation
Thursday, January 31, 2019
Wednesday, January 30, 2019
Kamala Harris’s Choices | The New Yorker
"Kamala Harris was born in 1964, in Oakland, California, to young, married international graduate students. Donald Harris, her father, had emigrated from Jamaica to study economics, and Shyamala Gopalan, her mother, was an Indian diplomat’s daughter who was studying for a doctorate in nutrition and endocrinology and would become a breast-cancer researcher. Harris’s parents divorced when she and her sister, Maya, were young, and in their elementary-school years the girls lived with their mother, in the Berkeley flatlands, which was then a mostly black part of town. “My elementary school class,” at Thousand Oaks Elementary School, “was only the second class in my city to be desegregated through busing,” Harris writes in her new book, “The Truths We Hold.” Like Barack Obama, who is three years older than Harris and who entered politics around the same time, Harris was often described, in her early career, as having a background that operates as a kind of universal passport. In a profile of Harris that was published in 2007, in San Francisco magazine, the journalist Nina Martin wrote, “One of Harris’s Nob Hill friends thinks her Brahmin background accounts for her ease around wealthy, powerful people (her friends include Vanessa Getty, Cissy Swig, Susie and Mark Buell, and Nancy Pelosi). ‘A lot of people think, “Those people are too rich for me, I can’t be part of their world—they’re out of my fucking league,” ’ this friend says, adding that Harris never seemed to feel like she didn’t belong. ‘She just kept showing up.’ ”
Last week, Harris announced her candidacy for the Presidency of the United States. Her campaign has had a promising start: the day after the announcement, it had already raised $1.5 million in donations, and, last Wednesday evening, Rachel Maddow concluded an interview with Harris by saying, “Honestly, I think there is a good chance that you are going to win the nomination.” On Sunday, Harris held a kick-off rally in downtown Oakland, drawing a crowd of twenty thousand people. In the run-up to her announcement, Harris published her three-hundred-page memoir, which serves several purposes. One is to act on her mother’s advice, quoted in the book: “Don’t let anybody tell you who you are. You tell them who you are.” Another, more subtle purpose is to move her public persona out from the shadow of Obama and to begin to explain how the part of the Democratic Party that they both represent—not the progressive wing nor the moderate one but a liberalism that navigates between the two—has changed and what it has to offer now.
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As a memoirist, Harris does not permit herself much of a narrative arc. We read of the advice that she gets from her mother and the example set by her mother’s friends, but there is little doubt, conflict, or reassessment—none of the conventional components of a moral education. From her first extended appearance in her own memoir, as a junior prosecutor, Harris is more or less fully formed, an interrogative facsimile of the familiar, self-assured senator on the Judiciary Committee dais. When Harris begins a new job, she makes lists of short-, medium-, and long-term goals. When she started in the D.A.’s office, she recounts, she described herself as “a hard worker. A perfectionist. Someone who didn’t take things for granted.” It comes as a shock when she fails the bar. “The most half-assed performance of my life,” she writes, of her effort, still sounding disgusted with herself. Permitted to join the D.A.’s office on an interim basis, Harris overhears a colleague wondering aloud about her failure. It makes her feel like a fraud.
When Harris was a child, her mother had taken her to protests in a stroller; later, at U.C. Hastings, she had led the Black Law Students Association. So her decision to work as a prosecutor required, by her own account, some explanation. She writes (and here it is worth bearing in mind that the book was written as part of the rollout of a Presidential campaign, at a time when ideological battles on the left are especially fraught) that she knew from the outset that she wanted to follow a particular prosecutorial tradition—of Bobby Kennedy, of the Southern prosecutors who held to account the Ku Klux Klan. “When activists came marching and banging on the doors, I wanted to be on the other side to let them in,” she says. Two paragraphs later, Harris arrives at the crux of her point: “For too long, we’d been told that there were only two options: to be either tough on crime or soft on crime.” Her own wisdom, as a young prosecutor, “was that when it came to criminal justice, we were being asked to make false choices.”
The phrase “no false choices” recurs throughout the book; at one point, Harris describes it as a mantra. She seems to mean it mostly as a warning against ideological categorization: you may be told that you have to choose between seeing criminals as evildoers or as decent folks who have had bad luck, but that isn’t true—it is possible to take each case as it comes. “No false choices” is as close as “The Truths We Hold” comes to a central theme—Harris describes her adult life as a quest to be seen as something other than a member of a group. When she first ran for elected office, as a candidate for San Francisco District Attorney, in 2003, she was seen as part of the patronage machine of the majestic, transactional San Francisco mayor Willie Brown, whom she had dated years before; she told SF Weekly that Brown was “an albatross hanging around my neck.” (She does not mention Brown in her book).
In that campaign, Harris challenged an incumbent for whom she had worked, a famed left-wing patrician named Terence Hallinan. Harris matched his progressive positions—supporting medical marijuana and opposing the death penalty—and attacked him for administrative incompetence, for overseeing an office that could no longer reliably deliver convictions. (“She pretty much adopted my entire agenda,” Hallinan told the San Francisco Chronicle, after her win.) Within six months of her inauguration, a police officer was murdered. Harris announced that she would not seek the death penalty for the alleged killer and then sat at the officer’s funeral as Senator Dianne Feinstein, a former mayor of San Francisco and the most powerful Democrat in the state, unexpectedly called, from the pulpit, for the death penalty and received a standing ovation. Harris did not budge, even as her conflict with Feinstein became a national story. In her book, Harris mentions some of these episodes only in passing, and others not at all, but together they suggest a pointed interest in political independence.
When politicians tell their own stories, they often emphasize the hardscrabble parts, even if those took place long ago. Harris, winningly, does not. Raised for accomplishment, she achieved success quickly, and she suggests, in glimpses, a comfortable personal life. She does not just cook beef stew but Alice Waters’s recipe. Her engagement—to Doug Emhoff, the Los Angeles-based managing partner of a law firm, whom she married in 2014—takes place between a professional trip to Mexico and a personal one to Florence. Harris describes her frustration when her husband, who is white, is relaxed on the customs line while she is on edge and prepared, recalling all the times her brown-skinned mother was followed around a department store with suspicion.
But in this book, at least, she writes much more about racial and gender bias in the lives of others than she does in her own. In the Bay Area she describes, progressivism and power overlap. The local activist whom she hires to run her signature reëntry program, in San Francisco, has already won the MacArthur Fellowship. Her beloved younger sister, Maya, becomes the executive director of the Northern California A.C.L.U. and, eventually, a key progressive-policy adviser for Hillary Clinton’s campaign. Maya’s husband, Tony West, becomes the third-ranking official in Obama’s Department of Justice before becoming the general counsel at Uber. One illusion cast by professional life in a cosmopolitan city is that institutions of power and idealism can be intertwined, because the same people move neatly between them—that the choice between them is a false one.
After seven years as San Francisco’s District Attorney, Harris was elected California’s Attorney General, in 2010; she served in that role until she was elected to the Senate, in 2016. These years make up much of her book, and so her stories tend to obey a familiar pattern, in which Harris is in a seat of power, weighing ideas and receiving petitioners. “This thing is baked,” she says, when, after the financial crisis, a group of attorneys general invite her to join a settlement meeting with mortgage banks. “Get me Jamie Dimon on the phone,” she shouts to her assistant and takes her earrings off (“the Oakland in me”) when the chairman of JPMorgan picks up. (“Your shareholders?” Harris recalls herself shouting at him. “My shareholders are the homeowners of California!”) When she enters the Senate, she describes Senator James Lankford, Republican of Oklahoma, crossing the aisle to tell her how much he admires the way that she talks about race. “I’m glad to hear you say that,” Harris recalls telling him. She is new to the chamber. Even so, Lankford is the petitioner, and she is receiving him.
The first attack that Harris faced in her Presidential campaign came from the left, over her record as a prosecutor. Lara Bazelon, a professor at the University of San Francisco School of Law, published an Op-Ed, in the Times, recently (“Kamala Harris Was Not a ‘Progressive Prosecutor’ ”) that criticized the senator for having fought to defend wrongful convictions and for establishing a policy that put parents in jail when their kids missed school—accusing Harris of having the ethos of a cop. Other Presidential candidates, finding themselves in a primary season where the electorate has moved suddenly and irregularly to the left, have been apologizing for their less-woke younger selves. Harris has not. She spent much of her early career prosecuting sex crimes (“putting rapists and child molesters behind bars,” as she describes it). In her book, she recalls trying to coax a six-year-old girl to testify against her sixteen-year-old brother, who had been molesting her, and telling a jury that it needed to protect a fourteen-year-old runaway, the victim of a gang rape, from “predators who are going to pounce.” To discern the unlucky from the malignant, she leaned on the evidence but also on intuition. “Your gut will tell you if you’re on the right track,” she writes, of difficult decisions. Perhaps this is why, as Bazelon pointed out, she was often slow to acknowledge when she and her prosecutors were wrong.
This eye for an enemy, honed over decades as a prosecutor, served Harris perfectly in her first two years in Washington, when she appeared on the panel of the Senate Judiciary Committee. In “The Truths We Hold,” she recounts some of these exchanges, the hard prosecutorial bore into a Trump Administration official or nominee, each question more exact that the last. “Do you agree?” “Are you willing?” “Would you agree?” “Are you aware?” John Kelly tells her that he isn’t aware that broad immigration sweeps will compromise the efforts of local cops to build trust with their communities. Kirstjen Nielsen insists that there is no policy for separating children at the border. Mike Pompeo, who was nominated to run the C.I.A., brushes aside the agency’s own assessments about climate change. Some of this is willful, politically expedient, Harris writes, with exasperation, and some of it is just lying. This thing is baked.
Democratic voters are often said to be moving to the left. But liberalism is also hardening. There is less talk, from Democrats, about bipartisanship now and more about the Republican Party’s criminality and corruption. Harris recalls a scene from the news in Murrieta, California, in 2014, when she was the state’s attorney general and the great wave of migration from Honduras, El Salvador, and Guatemala was under way. Buses filled with a hundred and forty undocumented people were stopped on their way to a migrant-processing center by a crowd shouting, as Harris recalls it, “Nobody wants you!” and “Turn around and go back home!” Harris writes, “There were children inside the buses, looking out the windows at faces filled with hate and vitriol.” In stories like this, Barack Obama would insert a signature gesture: consider the experience of the anti-immigrant protester, he would say, before explaining why that protester was misguided. Harris makes no such turn; she sees hate and vitriol and leaves it at that. Instead she calls up “managing partners of some of the most prestigious law firms in California” and presses them to supply pro-bono lawyers to represent the migrants. In the face of hate, she does not offer empathy to the other side. She brings her own power to bear.
Much of the talk as the Democratic field takes shape has been of the progressive and moderate lanes. Harris’s candidacy suggests a subtler divide, over whether the country is in a deep enough crisis that a profound economic and social transformation is needed. Elizabeth Warren and Bernie Sanders want a broad reimagining of the American economic system, and Kirsten Gillibrand and Cory Booker, moving rapidly left, suggest that the solutions Democrats had in mind just a few years ago no longer apply. In the first days of Harris’s Presidential campaign, there has been no evidence of a transformational vision. “Nobody is living their life through the lens of one issue,” she said last week. “Let’s not put people in a box.” An adviser told The Atlantic’s Edward-Isaac Dovere, “It’s not going to be hope and change. It’s going to be truth and justice.” Harris is not exactly a centrist, as the Times described her. But she projects the view that Democrats do not need such deep self-scrutiny, that the problem with the country is the Republicans. Alone among the field so far, she is a figure of liberal restoration.
American politics over the past five years has operated within a tight thematic range. The transformational promise of Obama gave way to a reactionary campaign of white-national identity, which in turn beget an Administration described by ideological insularity and a profound tribal corruption. One natural next turn would be to a black female prosecutor who is campaigning on a platform of truth and justice. The 2020 Presidential campaign is very young; Harris may soon unveil a broader vision. Even if she does, I tend to doubt it will define her campaign. The vision is her."
Kamala Harris’s Choices | The New Yorker
Tuesday, January 29, 2019
#TraitorInChief Trump and Russia’s Putin met again without staff or note takers - Vox
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"If you’re a US president, it’s probably not a great idea to meet with a foreign leader who meddled in your country’s elections without some way to record what’s being discussed.
But that’s just what President Donald Trump apparently did — again.
According to the Financial Times, Trump spoke to Russian President Vladimir Putin during last November’s G20 summit in Argentina without a US official present to take notes. First lady Melania Trump was by the president’s side during the chat, but no staff joined them.
The White House had previously acknowledged that both leaders met for an “informal” talk but didn’t disclose that Trump had no official member of his team present. Putin did have someone, though: his translator, although it’s unclear if that person wrote anything down.
This isn’t the first time Trump has done this. During the G20 meeting in Germany in July 2017, he got up from his seat during a dinner in order to sit next to Putin, who did have his translator to help. That meeting, which the White House didn’t initially reveal, came just hours after Trump bought Putin’s denial that Russia didn’t intervene in the 2016 presidential election.
Why having no note taker matters
There are two major problems with Trump’s continued and ill-advised conduct.
First, the optics. Trump continually finds ways to meet with Putin privately. That’s a really bad look when you consider the fact that US intelligence says the Russian directed a sophisticated campaign to help Trump win the White House, not to mention special counsel Robert Mueller’s probe into possible Trump-Russia ties during the 2016 presidential campaign.
But second, and more importantly, we’ll never really know what happened during the Trump-Putin chat since only four people were there — Trump, Putin, the first lady, and the translator — and nothing was recorded (that we know of).
In addition to this, the administration apparently has no notes of any of the many Trump-Putin interactions over a two-year span. And at least on one occasion in 2017, Trump told his translator after an official meeting with Putin not to share details of the meeting with staff. Trump actually seized his notes.
This isn’t a minor clerical issue. It actively hinders some US officials from doing their job when they don’t receive a detailed briefing about what the president discussed with another head of state. Without knowing what they agreed to, fought about, or even laughed at, it’s nearly impossible for the administration to conduct policy accordingly.
And let’s not forget that we’re talking about Trump here: the guy who shared highly classified intelligence in a meeting with top Russian officials in the Oval Office back in May 2017 and who has surrounded himself with a high number of pro-Kremlin confidants.
The president may not care how his meetings with Putin are received, especially since he has said he wants to improve the US-Russia relationship. He may believe a personal rapport with Putin can make that happen.
Even if that’s true, though, he’s going about it in the worst possible way."
Trump and Russia’s Putin met again without staff or note takers - Vox
Monday, January 28, 2019
Sunday, January 27, 2019
Opinion | Time to Break the Silence on Palestine - The New York Times
Time to Break the Silence on Palestine
Martin Luther King Jr. courageously spoke out about the Vietnam War. We must do the same when it comes to this grave injustice of our time.
Jan. 19, 2019
“We must speak with all the humility that is appropriate to our limited vision, but we must speak,” the Rev. Dr. Martin Luther King Jr. declared at Riverside Church in Manhattan in 1967.John C. Goodwin
“We must speak with all the humility that is appropriate to our limited vision, but we must speak,” the Rev. Dr. Martin Luther King Jr. declared at Riverside Church in Manhattan in 1967.John C. Goodwin
On April 4, 1967, exactly one year before his assassination, the Rev. Dr. Martin Luther King Jr. stepped up to the lectern at the Riverside Church in Manhattan. The United States had been in active combat in Vietnam for two years and tens of thousands of people had been killed, including some 10,000 American troops. The political establishment — from left to right — backed the war, and more than 400,000 American service members were in Vietnam, their lives on the line.
Many of King’s strongest allies urged him to remain silent about the war or at least to soft-pedal any criticism. They knew that if he told the whole truth about the unjust and disastrous war he would be falsely labeled a Communist, suffer retaliation and severe backlash, alienate supporters and threaten the fragile progress of the civil rights movement.
King rejected all the well-meaning advice and said, “I come to this magnificent house of worship tonight because my conscience leaves me no other choice.” Quoting a statement by the Clergy and Laymen Concerned About Vietnam, he said, “A time comes when silence is betrayal” and added, “that time has come for us in relation to Vietnam.”
It was a lonely, moral stance. And it cost him. But it set an example of what is required of us if we are to honor our deepest values in times of crisis, even when silence would better serve our personal interests or the communities and causes we hold most dear. It’s what I think about when I go over the excuses and rationalizations that have kept me largely silent on one of the great moral challenges of our time: the crisis in Israel-Palestine.
I have not been alone. Until very recently, the entire Congress has remained mostly silent on the human rights nightmare that has unfolded in the occupied territories. Our elected representatives, who operate in a political environment where Israel's political lobby holds well-documented power, have consistently minimized and deflected criticism of the State of Israel, even as it has grown more emboldened in its occupation of Palestinian territory and adopted some practices reminiscent of apartheid in South Africa and Jim Crow segregation in the United States.
Many civil rights activists and organizations have remained silent as well, not because they lack concern or sympathy for the Palestinian people, but because they fear loss of funding from foundations, and false charges of anti-Semitism. They worry, as I once did, that their important social justice work will be compromised or discredited by smear campaigns.
Similarly, many students are fearful of expressing support for Palestinian rights because of the McCarthyite tactics of secret organizations like Canary Mission, which blacklists those who publicly dare to support boycotts against Israel, jeopardizing their employment prospects and future careers.
Reading King’s speech at Riverside more than 50 years later, I am left with little doubt that his teachings and message require us to speak out passionately against the human rights crisis in Israel-Palestine, despite the risks and despite the complexity of the issues. King argued, when speaking of Vietnam, that even “when the issues at hand seem as perplexing as they often do in the case of this dreadful conflict,” we must not be mesmerized by uncertainty. “We must speak with all the humility that is appropriate to our limited vision, but we must speak.”
And so, if we are to honor King’s message and not merely the man, we must condemn Israel’s actions: unrelenting violations of international law, continued occupation of the West Bank, East Jerusalem, and Gaza, home demolitions and land confiscations. We must cry out at the treatment of Palestinians at checkpoints, the routine searches of their homes and restrictions on their movements, and the severely limited access to decent housing, schools, food, hospitals and water that many of them face.
We must not tolerate Israel’s refusal even to discuss the right of Palestinian refugees to return to their homes, as prescribed by United Nations resolutions, and we ought to question the U.S. government funds that have supported multiple hostilities and thousands of civilian casualties in Gaza, as well as the $38 billion the U.S. government has pledged in military support to Israel.
And finally, we must, with as much courage and conviction as we can muster, speak out against the system of legal discrimination that exists inside Israel, a system complete with, according to Adalah, the Legal Center for Arab Minority Rights in Israel, more than 50 laws that discriminate against Palestinians — such as the new nation-state law that says explicitly that only Jewish Israelis have the right of self-determination in Israel, ignoring the rights of the Arab minority that makes up 21 percent of the population.
Of course, there will be those who say that we can’t know for sure what King would do or think regarding Israel-Palestine today. That is true. The evidence regarding King’s views on Israel is complicated and contradictory.
Although the Student Nonviolent Coordinating Committee denounced Israel’s actions against Palestinians, King found himself conflicted. Like many black leaders of the time, he recognized European Jewry as a persecuted, oppressed and homeless people striving to build a nation of their own, and he wanted to show solidarity with the Jewish community, which had been a critically important ally in the civil rights movement.
Ultimately, King canceled a pilgrimage to Israel in 1967 after Israel captured the West Bank. During a phone call about the visit with his advisers, he said, “I just think that if I go, the Arab world, and of course Africa and Asia for that matter, would interpret this as endorsing everything that Israel has done, and I do have questions of doubt.”
He continued to support Israel’s right to exist but also said on national television that it would be necessary for Israel to return parts of its conquered territory to achieve true peace and security and to avoid exacerbating the conflict. There was no way King could publicly reconcile his commitment to nonviolence and justice for all people, everywhere, with what had transpired after the 1967 war.
Today, we can only speculate about where King would stand. Yet I find myself in agreement with the historian Robin D.G. Kelley, who concluded that, if King had the opportunity to study the current situation in the same way he had studied Vietnam, “his unequivocal opposition to violence, colonialism, racism and militarism would have made him an incisive critic of Israel’s current policies.”
Indeed, King’s views may have evolved alongside many other spiritually grounded thinkers, like Rabbi Brian Walt, who has spoken publicly about the reasons that he abandoned his faith in what he viewed as political Zionism. To him, he recently explained to me, liberal Zionism meant that he believed in the creation of a Jewish state that would be a desperately needed safe haven and cultural center for Jewish people around the world, "a state that would reflect as well as honor the highest ideals of the Jewish tradition.” He said he grew up in South Africa in a family that shared those views and identified as a liberal Zionist, until his experiences in the occupied territories forever changed him.
During more than 20 visits to the West Bank and Gaza, he saw horrific human rights abuses, including Palestinian homes being bulldozed while people cried — children's toys strewn over one demolished site — and saw Palestinian lands being confiscated to make way for new illegal settlements subsidized by the Israeli government. He was forced to reckon with the reality that these demolitions, settlements and acts of violent dispossession were not rogue moves, but fully supported and enabled by the Israeli military. For him, the turning point was witnessing legalized discrimination against Palestinians — including streets for Jews only — which, he said, was worse in some ways than what he had witnessed as a boy in South Africa.
Not so long ago, it was fairly rare to hear this perspective. That is no longer the case.
Jewish Voice for Peace, for example, aims to educate the American public about “the forced displacement of approximately 750,000 Palestinians that began with Israel’s establishment and that continues to this day.” Growing numbers of people of all faiths and backgrounds have spoken out with more boldness and courage. American organizations such as If Not Now support young American Jews as they struggle to break the deadly silence that still exists among too many people regarding the occupation, and hundreds of secular and faith-based groups have joined the U.S. Campaign for Palestinian Rights.
In view of these developments, it seems the days when critiques of Zionism and the actions of the State of Israel can be written off as anti-Semitism are coming to an end. There seems to be increased understanding that criticism of the policies and practices of the Israeli government is not, in itself, anti-Semitic.
This is not to say that anti-Semitism is not real. Neo-Nazism is resurging in Germany within a growing anti-immigrant movement. Anti-Semitic incidents in the United States rose 57 percent in 2017, and many of us are still mourning what is believed to be the deadliest attack on Jewish people in American history. We must be mindful in this climate that, while criticism of Israel is not inherently anti-Semitic, it can slide there.
Fortunately, people like the Rev. Dr. William J. Barber II are leading by example, pledging allegiance to the fight against anti-Semitism while also demonstrating unwavering solidarity with the Palestinian people struggling to survive under Israeli occupation.
He declared in a riveting speech last year that we cannot talk about justice without addressing the displacement of native peoples, the systemic racism of colonialism and the injustice of government repression. In the same breath he said: “I want to say, as clearly as I know how, that the humanity and the dignity of any person or people cannot in any way diminish the humanity and dignity of another person or another people. To hold fast to the image of God in every person is to insist that the Palestinian child is as precious as the Jewish child.”
Guided by this kind of moral clarity, faith groups are taking action. In 2016, the pension board of the United Methodist Church excluded from its multibillion-dollar pension fund Israeli banks whose loans for settlement construction violate international law. Similarly, the United Church of Christ the year before passed a resolution calling for divestments and boycotts of companies that profit from Israel’s occupation of Palestinian territories.
Even in Congress, change is on the horizon. For the first time, two sitting members, Representatives Ilhan Omar, Democrat of Minnesota, and Rashida Tlaib, Democrat of Michigan, publicly support the Boycott, Divestment and Sanctions movement. In 2017, Representative Betty McCollum, Democrat of Minnesota, introduced a resolution to ensure that no U.S. military aid went to support Israel’s juvenile military detention system. Israel regularly prosecutes Palestinian children detainees in the occupied territories in military court.
Relatives of a Palestinian nurse, Razan al-Najjar, 21, mourning in June after she was shot dead in Gaza by Israeli soldiers.Hosam Salem for The New York Times
Relatives of a Palestinian nurse, Razan al-Najjar, 21, mourning in June after she was shot dead in Gaza by Israeli soldiers.Hosam Salem for The New York Times
None of this is to say that the tide has turned entirely or that retaliation has ceased against those who express strong support for Palestinian rights. To the contrary, just as King received fierce, overwhelming criticism for his speech condemning the Vietnam War — 168 major newspapers, including The Times, denounced the address the following day — those who speak publicly in support of the liberation of the Palestinian people still risk condemnation and backlash.
Bahia Amawi, an American speech pathologist of Palestinian descent, was recently terminated for refusing to sign a contract that contains an anti-boycott pledge stating that she does not, and will not, participate in boycotting the State of Israel. In November, Marc Lamont Hill was fired from CNN for giving a speech in support of Palestinian rights that was grossly misinterpreted as expressing support for violence. Canary Mission continues to pose a serious threat to student activists.
And just over a week ago, the Birmingham Civil Rights Institute in Alabama, apparently under pressure mainly from segments of the Jewish community and others, rescinded an honor it bestowed upon the civil rights icon Angela Davis, who has been a vocal critic of Israel’s treatment of Palestinians and supports B.D.S.
But that attack backfired. Within 48 hours, academics and activists had mobilized in response. The mayor of Birmingham, Randall Woodfin, as well as the Birmingham School Board and the City Council, expressed outrage at the institute’s decision. The council unanimously passed a resolution in Davis’ honor, and an alternative event is being organized to celebrate her decades-long commitment to liberation for all.
I cannot say for certain that King would applaud Birmingham for its zealous defense of Angela Davis’s solidarity with Palestinian people. But I do. In this new year, I aim to speak with greater courage and conviction about injustices beyond our borders, particularly those that are funded by our government, and stand in solidarity with struggles for democracy and freedom. My conscience leaves me no other choice.
The Said al-Mis'hal cultural center in Gaza was hit by an Israeli airstrike in August.Khalil Hamra/Associated Press
The Said al-Mis'hal cultural center in Gaza was hit by an Israeli airstrike in August.Khalil Hamra/Associated Press
Michelle Alexander became a New York Times columnist in 2018. She is a civil rights lawyer and advocate, legal scholar and author of “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.”
Opinion | Time to Break the Silence on Palestine - The New York Times:
America Pushes Allies to Fight Huawei in New Arms Race With China - The New York Times
The Trump administration is engaging in economic imperialism against China while cozing up to Russia. This po,icy is ignorant, dumb and just plain stupid.
"Jan. 26, 2019
Huawei’s offices in Warsaw. Polish officials recently came under pressure from the United States to bar Huawei from building its 5G communications network.Maciek Nabrdalik for The New York Times
Huawei’s offices in Warsaw. Polish officials recently came under pressure from the United States to bar Huawei from building its 5G communications network.Maciek Nabrdalik for The New York Times
Jeremy Hunt, the British foreign minister, arrived in Washington last week for a whirlwind of meetings dominated by a critical question: Should Britain risk its relationship with Beijing and agree to the Trump administration’s request to ban Huawei, China’s leading telecommunications producer, from building its next-generation computer and phone networks?
Britain is not the only American ally feeling the heat. In Poland, officials are also under pressure from the United States to bar Huawei from building its fifth generation, or 5G, network. Trump officials suggested that future deployments of American troops — including the prospect of a permanent base labeled “Fort Trump” — could hinge on Poland’s decision.
And a delegation of American officials showed up last spring in Germany, where most of Europe’s giant fiber-optic lines connect and Huawei wants to build the switches that make the system hum. Their message: Any economic benefit of using cheaper Chinese telecom equipment is outweighed by the security threat to the NATO alliance.
Over the past year, the United States has embarked on a stealthy, occasionally threatening, global campaign to prevent Huawei and other Chinese firms from participating in the most dramatic remaking of the plumbing that controls the internet since it sputtered into being, in pieces, 35 years ago.
The administration contends that the world is engaged in a new arms race — one that involves technology, rather than conventional weaponry, but poses just as much danger to America’s national security. In an age when the most powerful weapons, short of nuclear arms, are cyber-controlled, whichever country dominates 5G will gain an economic, intelligence and military edge for much of this century.
The transition to 5G — already beginning in prototype systems in cities from Dallas to Atlanta — is likely to be more revolutionary than evolutionary. What consumers will notice first is that the network is faster — data should download almost instantly, even over cellphone networks.
It is the first network built to serve the sensors, robots, autonomous vehicles and other devices that will continuously feed each other vast amounts of data, allowing factories, construction sites and even whole cities to be run with less moment-to-moment human intervention. It will also enable greater use of virtual reality and artificial intelligence tools.
But what is good for consumers is also good for intelligence services and cyberattackers. The 5G system is a physical network of switches and routers. But it is more reliant on layers of complex software that are far more adaptable, and constantly updating, in ways invisible to users — much as an iPhone automatically updates while charging overnight. That means whoever controls the networks controls the information flow — and may be able to change, reroute or copy data without users’ knowledge.
In interviews with current and former senior American government officials, intelligence officers and top telecommunications executives, it is clear that the potential of 5G has created a zero-sum calculus in the Trump White House — a conviction that there must be a single winner in this arms race, and the loser must be banished. For months, the White House has been drafting an executive order, expected in the coming weeks, that would effectively ban United States companies from using Chinese-origin equipment in critical telecommunications networks. That goes far beyond the existing rules, which ban such equipment only from government networks.
Nervousness about Chinese technology has long existed in the United States, fueled by the fear that the Chinese could insert a “back door” into telecom and computing networks that would allow Chinese security services to intercept military, government and corporate communications. And Chinese cyberintrusions of American companies and government entities have occurred repeatedly, including by hackers suspected of working on behalf of China’s Ministry of State Security.
But the concern has taken on more urgency as countries around the world begin deciding which equipment providers will build their 5G networks.
American officials say the old process of looking for “back doors” in equipment and software made by Chinese companies is the wrong approach, as is searching for ties between specific executives and the Chinese government. The bigger issue, they argue, is the increasingly authoritarian nature of the Chinese government, the fading line between independent business and the state and new laws that will give Beijing the power to look into, or maybe even take over, networks that companies like Huawei have helped build and maintain.
“It’s important to remember that Chinese company relationships with the Chinese government aren’t like private sector company relationships with governments in the West,” said William R. Evanina, the director of America’s National Counterintelligence and Security Center. “China’s 2017 National Intelligence Law requires Chinese companies to support, provide assistance and cooperate in China’s national intelligence work, wherever they operate.”
The White House’s focus on Huawei coincides with the Trump administration’s broader crackdown on China, which has involved sweeping tariffs on Chinese goods, investment restrictions and the indictments of several Chinese nationals accused of hacking and cyberespionage. President Trump has accused China of “ripping off our country” and plotting to grow stronger at America’s expense.
Mr. Trump’s views, combined with a lack of hard evidence implicating Huawei in any espionage, have prompted some countries to question whether America’s campaign is really about national security or if it is aimed at preventing China from gaining a competitive edge.
Administration officials see little distinction in those goals.
“President Trump has identified overcoming this economic problem as critical, not simply to right the balance economically, to make China play by the rules everybody else plays by, but to prevent an imbalance in political/military power in the future as well,” John R. Bolton, Mr. Trump’s national security adviser, told The Washington Times on Friday. “The two aspects are very closely tied together in his mind.”
The administration is warning allies that the next six months are critical. Countries are beginning to auction off radio spectrum for new, 5G cellphone networks and decide on multibillion-dollar contracts to build the underlying switching systems. This past week, the Federal Communications Commission announced that it had concluded its first high-band 5G spectrum auction.
The Chinese government sees this moment as its chance to wire the world — especially European, Asian and African nations that find themselves increasingly beholden to Chinese economic power.
“This will be almost more important than electricity,” said Chris Lane, a telecom analyst in Hong Kong for Sanford C. Bernstein. “Everything will be connected, and the central nervous system of these smart cities will be your 5G network.”
Both the United States and China believe that whichever country dominates 5G will gain an economic, intelligence and military edge for much of this century.Fred Dufour/Agence France-Presse — Getty Images
Both the United States and China believe that whichever country dominates 5G will gain an economic, intelligence and military edge for much of this century.Fred Dufour/Agence France-Presse — Getty Images
A New Red Scare?
So far, the fear swirling around Huawei is almost entirely theoretical. Current and former American officials whisper that classified reports implicate the company in possible Chinese espionage but have produced none publicly. Others familiar with the secret case against the company say there is no smoking gun — just a heightened concern about the firm’s rising technological dominance and the new Chinese laws that require Huawei to submit to requests from Beijing.
Ren Zhengfei, Huawei’s founder, has denied that his company spied for China. “I still love my country. I support the Communist Party of China. But I will never do anything to harm any other nation,” he said earlier this month.
Australia last year banned Huawei and another Chinese manufacturer, ZTE, from supplying 5G equipment. Other nations are wrestling with whether to follow suit and risk inflaming China, which could hamper their access to the growing Chinese market and deprive them of cheaper Huawei products.
Government officials in places like Britain note that Huawei has already invested heavily in older-style networks — and has employed Britons to build and run them. And they argue that Huawei isn’t going away — it will run the networks of half the world, or more, and will have to be connected, in some way, to the networks of the United States and its allies.
Yet BT Group, the British telecom giant, has plans to rip out part of Huawei’s existing network. The company says that was part of its plans after acquiring a firm that used existing Huawei equipment; American officials say it came after Britain’s intelligence services warned of growing risks. And Vodafone Group, which is based in London, said on Friday that it would temporarily stop buying Huawei equipment for parts of its 5G network.
Nations have watched warily as China has retaliated against countries that cross it. In December, Canada arrested a top Huawei executive, Meng Wanzhou, at the request of the United States. Ms. Meng, who is Mr. Ren’s daughter, has been accused of defrauding banks to help Huawei’s business evade sanctions against Iran. Since her arrest, China has detained two Canadian citizens and sentenced to death a third Canadian, who had previously been given 15 years in prison for drug smuggling.
“Europe is fascinating because they have to take sides,” said Philippe Le Corre, nonresident senior fellow at the Carnegie Endowment for International Peace. “They are in the middle. All these governments, they need to make decisions. Huawei is everywhere.”
A Huawei store in Warsaw. This month, the Polish government made two high-profile espionage arrests, including an employee of Huawei.Maciek Nabrdalik for The New York Times
A Huawei store in Warsaw. This month, the Polish government made two high-profile espionage arrests, including an employee of Huawei.Maciek Nabrdalik for The New York Times
Growing Suspicions
This month, the Polish government made two high-profile espionage arrests: a former intelligence official, Piotr Durbajlo, and Wang Weijing, an employee of Huawei. The arrests are the strongest evidence so far that links Huawei with spying activities.
Mr. Wang, who was quickly fired by Huawei, has been accused of working for Chinese intelligence agencies, said a top former Polish intelligence official. Mr. Wang, according to American diplomats, was the handler of Mr. Durbajlo, who appears to have helped the Chinese penetrate the Polish government’s most secure communications network.
A senior American official said the case was a prime example of how the Chinese government plants intelligence operatives inside Huawei’s vast global network. Those operatives potentially have access to overseas communications networks and can conduct espionage that the affected companies are not aware of, the official said.
Huawei said Mr. Wang had brought “disrepute” on the company and his actions had nothing to do with its operations.
Mr. Wang’s lawyer, Bartlomiej Jankowski, says his client has been caught up in a geopolitical tug of war between the United States and China.
American and British officials had already grown concerned about Huawei’s abilities after cybersecurity experts, combing through the company’s source code to look for back doors, determined that Huawei could remotely access and control some networks from the company’s Shenzhen headquarters.
On careful examination, the code that Huawei had installed in its network-control software did not appear to be malicious. Nor was it hidden. It appeared to be part of a system to update remote networks and diagnose trouble. But in some circumstances, it could also route traffic around corporate data centers — where firms monitor and control their networks — and its mere existence is now cited as evidence that hackers or Chinese intelligence could use Huawei equipment to penetrate millions of networks.
American officials and academics say Chinese telecommunications companies have also temporarily hijacked parts of the internet, rerouting basic traffic from the United States and Canada to China.
One academic paper, co-written by Chris C. Demchak, a Naval War College professor, outlined how traffic from Canada meant for South Korea was redirected to China for six months. That 2016 attack has been repeated, according to American officials, and provides opportunity for espionage.
Last year, AT&T and Verizon stopped selling Huawei phones in their stores after Huawei begin equipping the devices with its own sets of computer chips — rather than relying on American or European manufacturers. The National Security Agency quietly raised alarms that with Huawei supplying its own parts, the Chinese company would control every major element of its networks. The N.S.A. feared it would no longer be able to rely on American and European providers to warn of any evidence of malware, spying or other covert action.
An assembly line at Huawei’s cellphone plant in Dongguan, China. The company has already surpassed Apple as the world’s second biggest cellphone provider.Qilai Shen/Bloomberg
An assembly line at Huawei’s cellphone plant in Dongguan, China. The company has already surpassed Apple as the world’s second biggest cellphone provider.Qilai Shen/Bloomberg
The Rise of Huawei
In three decades, Huawei has transformed itself from a small reseller of low-end phone equipment into a global giant with a dominant position in one of the crucial technologies of the new century.
Last year, Huawei edged out Apple as the second-biggest provider of cellphones around the world. Richard Yu, who heads the company’s consumer business, said in Beijing several days ago that “even without the U.S. market we will be No. 1 in the world,” by the end of this year or sometime in 2020.
The company was founded in 1987 by Mr. Ren, a former People’s Liberation Army engineer who has become one of China’s most successful entrepreneurs.
American officials say the company started through imitation, and even theft, of American technology. Cisco Systems sued Huawei in 2003, saying it had illegally copied the American company’s source code. The two companies settled out of court.
But Huawei did not just imitate. It opened research centers (including one in California) and built alliances with leading universities around the world. Last year, it generated $100 billion in revenue, twice as much as Cisco and significantly more than IBM. Its ability to deliver well-made equipment at a lower cost than Western firms drove once-dominant players like Motorola and Lucent out of the telecom-equipment industry.
While American officials refuse to discuss it, the government snooping was a two-way street. As early as 2010, the N.S.A. secretly broke into Huawei’s headquarters, in an operation, code-named “Shotgiant,” a discovery revealed by Edward J. Snowden, the former N.S.A. contractor now living in exile in Moscow.
Documents show that the N.S.A. was looking to prove suspicions that Huawei was secretly controlled by the People’s Liberation Army — and that Mr. Ren never really left the powerful army unit. It never found the evidence, according to former officials. But the Snowden documents also show that the N.S.A. had another goal: to better understand Huawei’s technology and look for potential back doors. This way, when the company sold equipment to American adversaries, the N.S.A. would be able to target those nations’ computer and telephone networks to conduct surveillance and, if necessary, offensive cyberoperations.
In other words, the Americans were trying to do to Huawei the exact thing they are now worried Huawei will do to the United States.
President Trump met with Andrzej Duda, his Polish counterpart, last year. Mr. Duda has suggested that the United States build a $2 billion base and training area, which Mr. Duda only half-jokingly called “Fort Trump.”Doug Mills/The New York Times
President Trump met with Andrzej Duda, his Polish counterpart, last year. Mr. Duda has suggested that the United States build a $2 billion base and training area, which Mr. Duda only half-jokingly called “Fort Trump.”Doug Mills/The New York Times
A Global Campaign
After an uproar in 2013 about Huawei’s growing dominance in Britain, the country’s powerful Intelligence and Security Committee, a parliamentary body, argued for banning Huawei, partly because of Chinese cyberattacks aimed at the British government. It was overruled, but Britain created a system to require that Huawei make its hardware and source code available to GCHQ, the country’s famous code-breaking agency.
In July, Britain’s National Cyber Security Center for the first time said publicly that questions about Huawei’s current practices and the complexity and dynamism of the new 5G networks meant it would be difficult to find vulnerabilities.
At roughly the same time, the N.S.A., at a series of classified meetings with telecommunications executives, had to decide whether to let Huawei bid for parts of the American 5G networks. AT&T and Verizon argued there was value in letting Huawei set up a “test bed” in the United States since it would have to reveal the source code for its networking software. Allowing Huawei to bid would also drive the price of building the networks down, they argued.
The director of the N.S.A. at the time, Adm. Michael S. Rogers, never approved the move and Huawei was blocked.
In July 2018, with these decisions swirling, Britain, the United States and other members of the “Five Eyes” intelligence-sharing alliance met for their annual meeting in Halifax, Nova Scotia, where Chinese telecommunications companies, Huawei and 5G networks were at the top of the agenda. They decided on joint action to try to block the company from building new networks in the West.
American officials are trying to make clear with allies around the world that the war with China is not just about trade but a battle to protect the national security of the world’s leading democracies and key NATO members.
On Tuesday, the heads of American intelligence agencies will appear before the Senate to deliver their annual threat assessment, and they are expected to cite 5G investments by Chinese telecom companies, including Huawei, as a threat.
In Poland, the message has quietly been delivered that countries that use Chinese telecommunications networks would be unsafe for American troops, according to people familiar with the internal discussions.
That has gotten Poland’s attention, given that its president, Andrzej Duda, visited the White House in September and presented a plan to build a $2 billion base and training area, which Mr. Duda only half-jokingly called “Fort Trump.”
Col. Grzegorz Malecki, now retired, who was the head of the Foreign Intelligence Agency in Poland, said it was understandable that the United States would want to avoid potentially compromising its troops.
“And control over the 5G network is such a potentially dangerous tool,” said Mr. Malecki, now board president of the Institute of Security and Strategy. “From Poland’s perspective, securing this troop presence outweighs all other concerns.”
Adam Satariano, Joanna Berendt and Katie Benner contributed reporting."
America Pushes Allies to Fight Huawei in New Arms Race With China - The New York Times:
Saturday, January 26, 2019
Friday, January 25, 2019
Wednesday, January 23, 2019
Controversy over students mocking Native American strikes national chord | US news | The Guardian
Opinions diverge – along ideological lines, of course – on whether full-length video of the scene cast the students’ conduct in a different light. The video does capture a moment in which a student takes off his shirt and leads his classmates in a chant, which they heartily join, in the style of a football cheer, or a Trump campaign rally.
“In this case the facts happened to support the rightwing tribe,” wrote the conservative New York Times columnist David Brooks.
On the contrary, wrote Josh Marshall of Talking Points Memo, watching every available video “doesn’t greatly change the substance of what you see on the video, which is a middle aged Native American activist/elder beating a ceremonial drum in the face of what appears to be a bemused and cocky teenager while his classmates surrounding them, mostly wearing Maga caps, jeer and taunt the man with chopping motions.”
Maga: Make America Great Again. The northern Kentucky county where Covington Catholic is located voted for Trump by a 26-point margin. It is also in the heart of a region on the radar of the Southern Poverty Law Center for its proliferation of hate groups, including white supremacist and radical Christian identity groups.
New video sheds more light on students' confrontation with Native American Read more After originally censuring the students and vowing consequences, Covington has in recent days deployed media surrogates to defend itself, to argue that the students were not at fault, and their actions on video had been misunderstood.
In a strong indicator of the political undertones of the argument taking shape, the school’s public relations firm is closely tied to Mitch McConnell, the senate majority leader from Kentucky, noted Democratic strategist Adam Parkhomenko.
Controversy over students mocking Native American strikes national chord | US news | The Guardian:
Tuesday, January 22, 2019
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MLK Warned Us of the Well-Intentioned Liberal | The Nation
"For the first time since Congress passed legislation to make the third Monday of January a national holiday to honor the Rev. Dr. Martin Luther King Jr., the National Mall—including the memorial dedicated to King’s honor—is closed due to President Trump’s insistence that Congress submit to his demand for a national monument to racism and fear. We must be clear that this is the impasse we face. Democrats cannot be blamed for failing to compromise.1
On the opening day of the 116th Congress, Democratic leadership in the House took up bipartisan legislation to reopen the Congress that their colleagues in the Senate had already compromised to approve. Only one thing kept 800,000 federal employees from receiving their paychecks this past week: the refusal of Trump and his congressional enablers to consider that legislation.2
Fifty-one years ago, Dr. King and the Poor People’s Campaign threatened to bring the federal government to standstill in order to demand that it serve everyone in America’s multi-ethnic democracy. In 2019, President Trump has shuttered the government to demand that we build a bulwark against the browning of America.3
This is, as he promised it would be, Trump’s shutdown. But the president is not acting alone. Congressional Republicans who have been unwilling to stand up to the him for two years created the conditions for this present crisis. And all along the way, Trump’s white evangelical boosters have offered their blessing. Defending Trump on Fox News, the Rev. Robert Jeffress argued recently that Trump’s wall cannot be immoral because Heaven itself has walls. He did not mention the Bible’s testimony that Heaven’s gates are always open.4
Though most religious leaders are not Trumpvangelicals like Jeffress, we must recognize the complicity of so-called moderates in a moment of crisis if we are to honor the memory of Dr. King. While most people today recognize Dr. Martin Luther King Jr. as both a great American and a great preacher, we would do well to remember that he was not affirmed by a majority of Christian leaders in his own day, black or white.5
When we celebrate King, it is easy to conjure the image of a Klan preacher spewing hatred against the civil-rights movement, just as Trumpvangelicals offer a religious blessing to Trump’s white nationalism today. But segregationist preachers were not the only religious resistance to King’s efforts for systemic justice in America. Dr. King’s own denomination, the National Baptist Convention, pushed him out along with other Baptist preachers who insisted on the tactic of nonviolent direct action. Then as now, the opposition to reconstruction of American democracy claimed the moral narrative in our common life.6
King’s “Letter from a Birmingham Jail,” perhaps his most famous written work, was penned in response to seven Christian ministers and a rabbi in Alabama. In the opening lines of their “Good Friday Statement,” sent to Dr. King April 12, 1963, the ministers note that they had already written “An Appeal for Law and Order and Common Sense,” a statement sent to him January 16, 1963. They do not try to defend white supremacy; in fact, they acknowledge the existence of “various problems that cause racial friction and unrest.” But they object staunchly to the way in which Dr. King and the civil-rights movement have confronted Jim Crow laws, demanding change through nonviolent direct action. Such demands, these religious leaders insist, should be “pressed in the courts and in negotiations among local leaders, and not in the streets.”7
Such was the “common sense” of faith leaders in 1960s Birmingham. They thought they understood how change must be pursued: legally, and with deference to the order that white supremacy built and Bull Connor—the city’s doggedly pro-segregation commissioner—controlled. If King and others weren’t willing to meet the city fathers on their terms and compromise, then these religious leaders believed they were contributing to hatred and violence.8
Dr. King objected—and his polemical response is what we remember half a century later. But the fact that the ecumenical leadership of the faith community in Alabama at the time felt self-assured in making this statement is a testimony to how prevalent their political “realism” was across theological traditions.9
We must not deceive ourselves. Even as we gather in churches, synagogues, community centers, and university halls across America to honor the legacy of Dr. King this weekend, the so-called moderates’ call for compromise is drowning out King’s insistence that we cannot submit to the terms of white supremacy. Trump’s immoral demand for an unnecessary wall is an effort to concretize every lie that has been told about immigrants by this administration. Such a wall would be as poisonous to our common life as the “whites only” signs in 1960s Birmingham were to the citizens Dr. King and the Southern Christian Leadership Conference came to support in their campaign to tear down Jim Crow.10
King understood that whenever we compromise with a lie about who people are, we empower the political forces that have exploited our nation’s divisions to cling to power. The same politicians who want a wall today are also blocking voting rights and the expansion of healthcare to all Americans; they are the same people who have deregulated corporate polluters and denied climate science—the same ones who insist on increasing investment in the war economy while slashing our nation’s safety net and denying workers the right to earn a living wage.11
We must be clear: Trump’s demand for a wall is not about border security. It is about a lie as sinister as the claim at the heart of Jim Crow—that America’s future depends on the values of white rule, not the promise of the multi-ethnic democracy we have struggled toward in this land for 400 years. We must not make the same mistake that the clergy of Birmingham made in 1963. If we would honor King, then let us follow him in refusing to compromise with a lie."
MLK Warned Us of the Well-Intentioned Liberal | The Nation
Monday, January 21, 2019
Sunday, January 20, 2019
Impeach Trump Now - The Atlantic
"On January 20, 2017, Donald Trump stood on the steps of the Capitol, raised his right hand, and solemnly swore to faithfully execute the office of president of the United States and, to the best of his ability, to preserve, protect, and defend the Constitution of the United States. He has not kept that promise.
Instead, he has mounted a concerted challenge to the separation of powers, to the rule of law, and to the civil liberties enshrined in our founding documents. He has purposefully inflamed America’s divisions. He has set himself against the American idea, the principle that all of us—of every race, gender, and creed—are created equal.
This is not a partisan judgment. Many of the president’s fiercest critics have emerged from within his own party. Even officials and observers who support his policies are appalled by his pronouncements, and those who have the most firsthand experience of governance are also the most alarmed by how Trump is governing.
“The damage inflicted by President Trump’s naïveté, egotism, false equivalence, and sympathy for autocrats is difficult to calculate,” the late senator and former Republican presidential nominee John McCain lamented last summer. “The president has not risen to the mantle of the office,” the GOP’s other recent nominee, the former governor and now senator Mitt Romney, wrote in January.
The oath of office is a president’s promise to subordinate his private desires to the public interest, to serve the nation as a whole rather than any faction within it. Trump displays no evidence that he understands these obligations. To the contrary, he has routinely privileged his self-interest above the responsibilities of the presidency. He has failed to disclose or divest himself from his extensive financial interests, instead using the platform of the presidency to promote them. This has encouraged a wide array of actors, domestic and foreign, to seek to influence his decisions by funneling cash to properties such as Mar-a-Lago (the “Winter White House,” as Trump has branded it) and his hotel on Pennsylvania Avenue. Courts are now considering whether some of those payments violate the Constitution.
More troubling still, Trump has demanded that public officials put their loyalty to him ahead of their duty to the public. On his first full day in office, he ordered his press secretary to lie about the size of his inaugural crowd. He never forgave his first attorney general for failing to shut down investigations into possible collusion between the Trump campaign and Russia, and ultimately forced his resignation. “I need loyalty. I expect loyalty,” Trump told his first FBI director, and then fired him when he refused to pledge it.
Trump has evinced little respect for the rule of law, attempting to have the Department of Justice launch criminal probes into his critics and political adversaries. He has repeatedly attacked both Deputy Attorney General Rod Rosenstein and Special Counsel Robert Mueller. His efforts to mislead, impede, and shut down Mueller’s investigation have now led the special counsel to consider whether the president obstructed justice.
As for the liberties guaranteed by the Constitution, Trump has repeatedly trampled upon them. He pledged to ban entry to the United States on the basis of religion, and did his best to follow through. He has attacked the press as the “enemy of the people” and barred critical outlets and reporters from attending his events. He has assailed black protesters. He has called for his critics in private industry to be fired from their jobs. He has falsely alleged that America’s electoral system is subject to massive fraud, impugning election results with which he disagrees as irredeemably tainted. Elected officials of both parties have repeatedly condemned such statements, which has only spurred the president to repeat them.
These actions are, in sum, an attack on the very foundations of America’s constitutional democracy.
The electorate passes judgment on its presidents and their shortcomings every four years. But the Framers were concerned that a president could abuse his authority in ways that would undermine the democratic process and that could not wait to be addressed. So they created a mechanism for considering whether a president is subverting the rule of law or pursuing his own self-interest at the expense of the general welfare—in short, whether his continued tenure in office poses a threat to the republic. This mechanism is impeachment.
Trump’s actions during his first two years in office clearly meet, and exceed, the criteria to trigger this fail-safe. But the United States has grown wary of impeachment. The history of its application is widely misunderstood, leading Americans to mistake it for a dangerous threat to the constitutional order.
That is precisely backwards. It is absurd to suggest that the Constitution would delineate a mechanism too potent to ever actually be employed. Impeachment, in fact, is a vital protection against the dangers a president like Trump poses. And, crucially, many of its benefits—to the political health of the country, to the stability of the constitutional system—accrue irrespective of its ultimate result. Impeachment is a process, not an outcome, a rule-bound procedure for investigating a president, considering evidence, formulating charges, and deciding whether to continue on to trial.
The fight over whether Trump should be removed from office is already raging, and distorting everything it touches. Activists are radicalizing in opposition to a president they regard as dangerous. Within the government, unelected bureaucrats who believe the president is acting unlawfully are disregarding his orders, or working to subvert his agenda. By denying the debate its proper outlet, Congress has succeeded only in intensifying its pressures. And by declining to tackle the question head-on, it has deprived itself of its primary means of reining in the chief executive.
With a newly seated Democratic majority, the House of Representatives can no longer dodge its constitutional duty. It must immediately open a formal impeachment inquiry into President Trump, and bring the debate out of the court of public opinion and into Congress, where it belongs.
Democrats picked up 40 seats in the House of Representatives in the 2018 elections. Despite this clear rebuke of Trump—and despite all that is publicly known about his offenses—party elders remain reluctant to impeach him. Nancy Pelosi, the speaker of the House, has argued that it’s too early to talk about impeachment. Many Democrats avoided discussing the idea on the campaign trail, preferring to focus on health care. When, on the first day of the 116th Congress, a freshman representative declared her intent to impeach Trump and punctuated her comments with an obscenity, she was chastised by members of the old guard—not just for how she raised the issue, but for raising it at all.
In no small part, this trepidation is due to the fact that the last effort to remove an American president from office ended in political fiasco. When the House impeached Bill Clinton, in 1998, his popularity soared; in the Senate, even some Republicans voted against convicting him of the charges.
Pelosi and her antediluvian leadership team served in Congress during those fights two decades ago, and they seem determined not to repeat their rivals’ mistakes. Polling has shown significant support for impeachment over the course of Trump’s tenure, but the most favorable polls still indicate that it lacks majority support. To move against Trump now, Democrats seem to believe, would only strengthen the president’s hand. Better to wait for public opinion to turn decisively against him and then use impeachment to ratify that view. This is the received wisdom on impeachment, the overlearned lesson of the Clinton years: House Republicans got out ahead of public opinion, and turned a president beset by scandal into a sympathetic figure.
Instead, Democrats intend to be a thorn in Trump’s side. House committees will conduct hearings into a wide range of issues, calling administration officials to testify under oath. They will issue subpoenas and demand documents, emails, and other information. The chair of the Ways and Means Committee has the power to request Trump’s elusive tax returns from the IRS and, with the House’s approval, make them public.
Other institutions are already acting as brakes on the Trump presidency. To the president’s vocal frustration, federal judges have repeatedly enjoined his executive orders. Robert Mueller’s investigation has brought convictions of, or plea deals from, key figures in his campaign as well as his administration. Some Democrats are clearly hoping that if they stall for long enough, Mueller will deliver them from Trump, obviating the need to act themselves.
But Congress can’t outsource its responsibilities to federal prosecutors. No one knows when Mueller’s report will arrive, what form it will take, or what it will say. Even if Mueller alleges criminal misconduct on the part of the president, under Justice Department guidelines, a sitting president cannot be indicted. Nor will the host of congressional hearings fulfill that branch’s obligations. The view they will offer of his conduct will be both limited and scattershot, focused on discrete acts. Only by authorizing a dedicated impeachment inquiry can the House begin to assemble disparate allegations into a coherent picture, forcing lawmakers to consider both whether specific charges are true and whether the president’s abuses of his power justify his removal.
Waiting also presents dangers. With every passing day, Trump further undermines our national commitment to America’s ideals. And impeachment is a long process. Typically, the House first votes to open an investigation—the hearings would likely take months—then votes again to present charges to the Senate. By delaying the start of the process, in the hope that even clearer evidence will be produced by Mueller or some other source, lawmakers are delaying its eventual conclusion. Better to forge ahead, weighing what is already known and incorporating additional material as it becomes available.
Critics of impeachment insist that it would diminish the presidency, creating an executive who serves at the sufferance of Congress. But defenders of executive prerogatives should be the first to recognize that the presidency has more to gain than to lose from Trump’s impeachment. After a century in which the office accumulated awesome power, Trump has done more to weaken executive authority than any recent president. The judiciary now regards Trump’s orders with a jaundiced eye, creating precedents that will constrain his successors. His own political appointees boast to reporters, or brag in anonymous op-eds, that they routinely work to counter his policies. Congress is contemplating actions on trade and defense that will hem in the president. His opponents repeatedly aim at the man but hit the office.
Democrats’ fear—that impeachment will backfire on them—is likewise unfounded. The mistake Republicans made in impeaching Bill Clinton wasn’t a matter of timing. They identified real and troubling misconduct—then applied the wrong remedy to fix it. Clinton’s acts disgraced the presidency, and his lies under oath and efforts to obstruct the investigation may well have been crimes. The question that determines whether an act is impeachable, though, is whether it endangers American democracy. As a House Judiciary Committee staff report put it in 1974, in the midst of the Watergate investigation: “The purpose of impeachment is not personal punishment; its function is primarily to maintain constitutional government.” Impeachable offenses, it found, included “undermining the integrity of office, disregard of constitutional duties and oath of office, arrogation of power, abuse of the governmental process, adverse impact on the system of government.”
Trump’s bipartisan critics are not merely arguing that he has lied or dishonored the presidency. The most serious allegations against him ultimately rest on the charge that he is attacking the bedrock of American democracy. That is the situation impeachment was devised to address.
After the House impeaches a president, the Constitution requires a two-thirds majority in the Senate to remove him from office. Opponents of impeachment point out that, despite the greater severity of the prospective charges against Trump, there is little reason to believe the Senate is more likely to remove him than it was to remove Clinton. Indeed, the Senate’s Republican majority has shown little will to break with the president—though that may change. The process of impeachment itself is likely to shift public opinion, both by highlighting what’s already known and by bringing new evidence to light. If Trump’s support among Republican voters erodes, his support in the Senate may do the same. One lesson of Richard Nixon’s impeachment is that when legislators conclude a presidency is doomed, they can switch allegiances in the blink of an eye.
But this sort of vote-counting, in any case, misunderstands the point of impeachment. The question of whether impeachment is justified should not be confused with the question of whether it is likely to succeed in removing a president from office. The country will benefit greatly regardless of how the Senate ultimately votes. Even if the impeachment of Donald Trump fails to produce a conviction in the Senate, it can safeguard the constitutional order from a president who seeks to undermine it. The protections of the process alone are formidable. They come in five distinct forms.
The first is that once an impeachment inquiry begins, the president loses control of the public conversation. Andrew Johnson, Richard Nixon, and Bill Clinton each discovered this, much to their chagrin. Johnson, the irascible Tennessee Democrat who succeeded to the presidency in 1865 upon the assassination of Abraham Lincoln, quickly found himself at odds with the Republican Congress. He shattered precedents by delivering a series of inflammatory addresses that dominated the headlines and forced his opponents into a reactive posture. The launching of impeachment inquiries changed that. Day after day, Congress held hearings. Day after day, newspapers splashed the proceedings across their front pages. Instead of focusing on Johnson’s fearmongering, the press turned its attention to the president’s missteps, to the infighting within his administration, and to all the things that congressional investigators believed he had done wrong.
It isn’t just the coverage that changes. When presidents face the prospect of impeachment, they tend to discover a previously unsuspected capacity for restraint and compromise, at least in public. They know that their words can be used against them, so they fume in private. Johnson’s calls for the hanging of his political opponents yielded quickly to promises to defer to their judgment on the key questions of the day. Nixon raged to his aides, but tried to show a different face to the country. “Dignity, command, faith, head high, no fear, build a new spirit,” he told himself. Clinton sent bare-knuckled proxies to the television-news shows, but he and his staff chose their own words carefully.
Trump is easily the most pugilistic president since Johnson; he’s never going to behave with decorous restraint. But if impeachment proceedings begin, his staff will surely redouble its efforts to curtail his tweeting, his lawyers will counsel silence, and his allies on Capitol Hill will beg for whatever civility he can muster. His ability to sidestep scandal by changing the subject—perhaps his greatest political skill—will diminish.
As Trump fights for his political survival, that struggle will overwhelm other concerns. This is the second benefit of impeachment: It paralyzes a wayward president’s ability to advance the undemocratic elements of his agenda. Some of Trump’s policies are popular, and others are widely reviled. Some of his challenges to settled orthodoxies were long overdue, and others have proved ill-advised. These are ordinary features of our politics and are best dealt with through ordinary electoral processes. It is, rather, the extraordinary elements of Trump’s presidency that merit the use of impeachment to forestall their success: his subversion of the rule of law, attacks on constitutional liberties, and advancement of his own interests at the public’s expense.
The Mueller probe as well as hearings convened by the House and Senate Intelligence Committees have already hobbled the Trump administration to some degree. It will face even more scrutiny from a Democratic House. White House aides will have to hire personal lawyers; senior officials will spend their afternoons preparing testimony. But impeachment would raise the scrutiny to an entirely different level.
In part, this is because of the enormous amount of attention impeachment proceedings garner. But mostly, the scrutiny stems from the stakes of the process. The most a president generally has to fear from congressional hearings is embarrassment; there is always an aide to take the fall. Impeachment puts his own job on the line, and demands every hour of his day. The rarest commodity in any White House is time, that of the president and his top advisers. When it’s spent watching live hearings or meeting with lawyers, the administration’s agenda suffers. This is the irony of congressional leaders’ counseling patience, urging members to simply wait Trump out and use the levers of legislative power instead of moving ahead with impeachment. There may be no more effective way to run out the clock on an administration than to tie it up with impeachment hearings.
But the advantages of impeachment are not merely tactical. The third benefit is its utility as a tool of discovery and discernment. At the moment, it is often hard to tell the difference between wild-eyed conspiracy theories and straight narrations of the day’s news. Some of what is alleged about Trump is plainly false; much of it might be true, but lacks supporting evidence; and many of the best-documented claims are quickly forgotten, lost in the din of fresh allegations. This is what passes for due process in the court of public opinion.
The problem is not new. When Congress first opened the Johnson impeachment hearings, for instance, the committee spent two months chasing rumor and innuendo. It heard allegations that Johnson had sent a secret letter to former Confederate President Jefferson Davis; that he had associated with a “disreputable woman” and, through her, sold pardons; that he had transferred ownership of confiscated railroads as political favors; even that he had conspired with John Wilkes Booth to assassinate Abraham Lincoln. The congressman who made that last claim was forced to admit to the committee pursuing impeachment that what he possessed “was not that kind of evidence which would satisfy the great mass of men”—he had simply based the accusation on his belief that every vice president who succeeds to the highest office murders his predecessor.
There was public value, though, in these investigations. The charges had already been leveled; they were circulating and shaping public opinion. Spread by a highly polarized, partisan press, they could not be dispelled or disproved. But once Congress initiated the process of impeachment, the charges had to be substantiated. And that meant taking them from the realm of rhetoric into the province of fact. Many of the claims against Johnson failed to survive the journey. Those that did eventually helped form the basis for his impeachment. Separating them out was crucial.
The process of impeachment can also surface evidence. The House Judiciary Committee began its impeachment hearings against Nixon in October 1973, well before the president’s complicity in the Watergate cover-up was clear. In April 1974, as part of those hearings, the Judiciary Committee subpoenaed 42 White House tapes. In response, Nixon released transcripts of the tapes that were so obviously expurgated that a district judge approved a subpoena from the special prosecutor for the tapes themselves. That demand, in turn, eventually produced the so-called smoking-gun tape, a recording of Nixon authorizing the CIA to shut down the FBI’s investigation into Watergate. The evidence that drove Nixon from office thus emerged as a consequence of the impeachment hearings; it did not spark them. The only way for the House to find out what Trump has actually done, and whether his conduct warrants removal, is to start asking.
That is not to say that impeachment hearings against Trump would be sober and orderly. The Clinton hearings were something of a circus, and the past two years on Capitol Hill suggest that any Trump hearings will be far worse. The president’s stalwart defenders are already attacking the integrity of potential witnesses and airing their own conspiracy theories; an attempt to smear Mueller with sexual-misconduct claims collapsed spectacularly in October. His accusers, meanwhile, hurl epithets and invective. In Congress, Trump’s most committed detractors might be tempted to follow the bad example of the Clinton impeachment, when, instead of conducting extensive hearings to weigh potential charges, House Republicans short-circuited the process—taking the independent counsel’s conclusions, rushing them to the floor, and voting to impeach in a lame-duck session. Trump’s opponents need to put their faith in the process, empowering a committee to consider specific charges, weigh the available evidence, and decide whether to proceed.
Hosting that debate in Congress yields a fourth benefit: defusing the potential for an explosion of political violence. This is a rationale for impeachment first offered at the Constitutional Convention, in 1787. “What was the practice before this in cases where the chief Magistrate rendered himself obnoxious?” Benjamin Franklin asked his fellow delegates. “Why, recourse was had to assassination in wch. he was not only deprived of his life but of the opportunity of vindicating his character.” A system without a mechanism for removing the chief executive, he argued, offered an invitation to violence. Just as the courts took the impulse toward vigilante justice and safely channeled it into the protections of the legal system, impeachment took the impulse toward political violence and safely channeled it into Congress.
Nixon’s presidency was marked by an upsurge in political terrorism. In just its first 16 months, 4,330 bombings claimed 43 lives. As the Vietnam War wound down and the militant left began to lose its salience, it made opposition to the president its new rallying cry. “Impeach Nixon and jail him for his major crimes,” the Weather Underground demanded in its manifesto, Prairie Fire, in July 1974. “Nixon merits the people’s justice.” But that seemingly radical demand, intended to expose the inadequacy of the regular constitutional order, ironically proved the opposite point. By the end of the month, the House Judiciary Committee had approved three articles of impeachment; in early August, Nixon resigned. The ship of state, it turned out, had the capacity to right itself. The Weather Underground continued its slide into irrelevance, and political violence eventually receded.
The current moment is different, of course. Today, the left is again radicalizing, but the overwhelming majority of political violence is committed by the far right, albeit on a considerably smaller scale than in the Nixon era. Trump himself has warned that “the people would revolt” if he were impeached, a warning that echoes earlier eras. When Congress debated impeachment in 1868, some likewise predicted that it would provoke Andrew Johnson’s most ardent supporters to violence. “We are evidently on the eve of a revolution that may, should an appeal be taken to arms, be more bloody than that inaugurated by the firing on Fort Sumter,” warned The Boston Post.
The predictions were wrong then, as Trump’s are likely wrong now. The public understood that once the impeachment process began, the real action would take place in Congress, and not in the streets. Johnson knew that inciting his supporters to violence would erode congressional support just when he needed it most. That seems the most probable outcome today as well. If impeached, Trump would lose the luxury of venting his resentments before friendly crowds, stirring their anger. His audience, by political necessity, would become a few dozen senators in Washington.
And what if the Senate does not convict Trump? The fifth benefit of impeachment is that, even when it fails to remove a president, it severely damages his political prospects. Johnson, abandoned by Republicans and rejected by Democrats, did not run for a second term. Nixon resigned, and Gerald Ford, his successor, lost his bid for reelection. Clinton weathered the process and finished out his second term, but despite his personal popularity, he left an electorate hungering for change. “Many, including Al Gore, think that the impeachment cost Gore the election,” Paul Rosenzweig, a former senior member of Independent Counsel Kenneth Starr’s team, told me. “So it has consequences and resonates outside the narrow four corners of impeachment.” If Congress were to impeach Trump, whatever short-term surge he might enjoy as supporters rallied to his defense, his long-term political fate would likely be sealed.
In these five ways—shifting the public’s attention to the president’s debilities, tipping the balance of power away from him, skimming off the froth of conspiratorial thinking, moving the fight to a rule-bound forum, and dealing lasting damage to his political prospects—the impeachment process has succeeded in the past. In fact, it’s the very efficacy of these past efforts that should give Congress pause; it’s a process that should be triggered only when a president’s betrayal of his basic duties requires it. But Trump’s conduct clearly meets that threshold. The only question is whether Congress will act.
Here is how impeachment would work in practice. The Constitution lays out the process clearly, and two centuries of precedent will guide Congress in its work. The House possesses the sole power of impeachment—a procedure analogous to an indictment. Traditionally, this has meant tapping a committee to summon witnesses, subpoena documents, hold hearings, and consider the evidence. The committee can then propose specific articles of impeachment to the full House. If a simple majority approves the charges, they are forwarded to the Senate. The chief justice of the United States presides over the trial; members of the House are designated to act as “managers,” or prosecuting attorneys. If two-thirds of the senators who are present vote to convict, the president is removed from office; if the vote falls short, he is not.
Although the process is fairly clear, the Founders left us only vague instructions about when to implement it. The Constitution offers a short, cryptic list of the offenses that merit the impeachment and removal of federal officials: “Treason, Bribery, or other high Crimes and Misdemeanors.” The first two items are comparatively straightforward. The Constitution elsewhere specifies that treason against the United States consists “only in levying War” against the country or in giving the country’s enemies “Aid and Comfort.” As proof, it requires either the testimony of two witnesses or confession in open court. Despite the appalling looseness with which the charge of treason has been bandied about by members of Congress past and present, no federal official—much less a president—has ever been impeached for it. (Even the darkest theories of Trump’s alleged collusion with Russia seem unlikely to meet the Constitution’s strict definition of that crime.) Bribery, similarly, has been alleged only once, and against a judge, not a president.
It is the third item on the list—“high crimes and misdemeanors”—on which all presidential impeachments have hinged. If the House begins impeachment proceedings against Donald Trump, the charges will depend on this clause, but Congress will first need to decide what it means.
At the Constitutional Convention, an early draft included “treason, bribery, and corruption,” but it was shorn of that last item by the time it arrived on the floor. George Mason, of Virginia, spoke up. “Why is the provision restrained to Treason & bribery only?” he asked, according to James Madison’s notes. “Treason as defined in the Constitution will not reach many great and dangerous offences … Attempts to subvert the Constitution may not be Treason as above defined.” Mason moved to add “or maladministration.”
Madison, though, objected that “so vague a term will be equivalent to a tenure during pleasure of the Senate.” Gouverneur Morris further argued that “an election of every four years will prevent maladministration.” Mere incompetence or policy disputes were best dealt with by voters. But that still left Mason’s original concern, for the “many great and dangerous offences” not covered by treason or bribery. Instead of “maladministration,” he suggested, why not substitute “other high crimes & misdemeanors (agst. the State)”? The motion carried.
Constitutional lawyers have been arguing about what counts as a “high crime” or “misdemeanor” ever since. The phrase itself was borrowed from English common law, although there is no reason to suppose Mason and his colleagues were deeply familiar with its uses in that context. The Nixon impeachment spurred Charles L. Black, a Yale law professor, to write Impeachment: A Handbook, a slender volume that remains a defining work on the question.
Black makes two key points. First, he notes that as a matter of logic as well as context and precedent, not every violation of a criminal statute amounts to a “high crime” or “misdemeanor.” To apply his reasoning, some crimes—say, violating 40 U.S.C. §8103(b)(2) by willfully injuring a shrub on federal property in Washington, D.C.—cannot possibly be impeachable offenses. Conversely, a president may violate his oath of office without violating the letter of the law. A president could, for example, harness the enforcement powers of the federal government to systematically persecute his political opponents, or he could grossly neglect the duties of his office. That sort of conduct, in Black’s view, is impeachable even when it is not actually criminal.
His second point rests upon the principle of eiusdem generis—literally, “of the same kind.” As the last item in a list of three impeachable offenses, surely “high crimes and misdemeanors” shares some essential features with the first two. Black suggests that treason and bribery have in common three essential features: They are extremely serious, they stand to corrupt and subvert government and the political process, and they are self-evidently wrong to any person with a shred of honor. These, he argues, are features that a “high crime” or “misdemeanor” ought to share.
Black’s views on these points are not uncontested. Nixon’s attorneys argued that impeachment did require a crime. In 1974, before Black published his book, a report from the Justice Department split the difference, concluding that “there are persuasive grounds for arguing both the narrow view that a violation of criminal law is required and the broader view that certain non-criminal ‘political offenses’ may justify impeachment.”
John Doar, the attorney hired by the House Judiciary Committee to oversee the Nixon investigation, handed off the question of what constituted an impeachable offense to two young staffers: Bill Weld and Hillary Rodham. They determined that the answers they were seeking were to be found not in old case law, but in the public debates that raged around past impeachment efforts. The memo Weld and Rodham helped produce drew on that context and sided with Black: “High crimes and misdemeanors” need not be crimes. In the end, Weld came to believe that impeachment is a political process, aimed at determining whether a president has fallen short of the duties of his office. But that doesn’t mean it’s arbitrary. In fact, the Nixon impeachment left Weld with a renewed faith in the American system of government: “The wheels may grind slowly,” he later reflected, “but they grind pretty well.”
Some Democrats have already seen enough from the Trump administration to conclude that it has met the criteria for impeachment. In July 2017, Representative Brad Sherman of California put forward an impeachment resolution; it garnered a single co-sponsor. The next month, though, brought the white-nationalist rally in Charlottesville, Virginia, and Trump’s defense of the “very fine people on both sides.” The billionaire activist Tom Steyer launched a petition drive calling for impeachment. A second resolution was introduced in the House that November, this time by Tennessee’s Steve Cohen, who found 17 co-sponsors. By December 2017, when Representative Al Green of Texas forced consideration of a third resolution, 58 Democrats voted in favor of continuing debate, including Jim Clyburn, the House’s third-ranking Democrat. On the first day of the new Congress in January, Sherman reintroduced his resolution.
These efforts are exercises in political messaging, not serious attempts to tackle the question of impeachment. They invert the process, offering lists of charges for the House to consider, rather than asking the House to consider what charges may be justified. The House should instead approve a resolution authorizing an impeachment inquiry and allocating the staff, funding, and other resources necessary to pursue it, as the resolution that initiated the proceedings against Richard Nixon did.
Still, the resolutions proposed so far offer a valuable glimpse at the issues House Democrats are likely to pursue in such an inquiry. Some have made a general case that Trump has done violence to American values—Green’s stated that Trump “has betrayed his trust as President … to the manifest injury of the people of the United States”—but others have claimed specific violations of statutes or constitutional provisions. Both types of allegations may turn out to be important.
Despite the consensus of constitutional scholars that impeachable offenses need not be crimes, Congress has generally preferred to vote on articles that allege criminal acts. More than a third of representatives, and an outright majority of senators, hold law degrees; they think like lawyers. Democrats are thus focused on campaign-finance regulations, obstruction of justice, tax laws, money-laundering rules, proscriptions on bribing foreign officials, and the Constitution’s two emoluments clauses, which bar the president from accepting gifts from state or foreign governments.
They have studiously avoided, however, the primary area of public fascination when it comes to Trump’s alleged misdeeds: whether the president or his campaign colluded with Russia in the 2016 election. Lawmakers are clearly wary of bringing charges that could bear on Robert Mueller’s report, lest they interfere with an ongoing investigation that they hope will somehow force Trump from office. “It all depends on what we learn from hearings and from the Mueller investigation,” Representative Cohen told me. But the highly anticipated Mueller report is unlikely to provide the denouement lawmakers are seeking. Whether a president can be impeached for acts committed prior to assuming office is an unsettled question. As Trump himself never tires of pointing out, collusion with Russia is not itself a crime. And even if Mueller produces a singularly damning report, one presenting evidence that the president himself has committed criminal acts, he cannot indict the president—at least according to current Justice Department guidelines. Congress will have to decide what to do about it.
Once the House authorizes an impeachment inquiry, the committee must distill the evidence of Trump’s alleged crimes into articles capable of garnering a majority vote in that chamber. But that’s just the first challenge. To remove Trump from office, the House managers will then have to persuade the Senate to vote to convict the president. When the articles of impeachment are filed with the Senate, where the president will be tried, each article will be considered and voted on individually.
And then, suddenly, the members of the United States Senate will be forced to answer a question that many have long evaded: Is the president fit to continue in office? There will be no press aides to hide behind, no elevators into which they can duck. Some Democrats have already made their opinions clear. Others will have to decide whether to vote to remove a president backed by a majority of their constituents. For Republicans, the choice will be even harder.
This is where the dual nature of impeachment as both a legal and a political process comes into sharpest focus. The Founders worried about electing a president who lacked character or a sense of honor, but Americans have long since lost the moral vocabulary to articulate such concerns explicitly, preferring to look instead for demonstrable violations of rules that illuminate underlying character flaws. It is Trump’s unfitness for office that necessitates impeachment; his attacks on American democracy are plainly evident, and should be sufficient. But some Republican senators may continue to dismiss the more sweeping claims against the president, particularly where no statutory crimes attach. And so the strength of the evidence supporting narrower charges such as obstruction of justice and campaign-finance violations may ultimately determine his fate. If the committee can substantiate these charges, it will place even the most reluctant senators in a bind. When the moment finally comes to cast their vote, and the world is watching, how many will acquit the president of things he has clearly done?
The closest the Senate has ever come to removing a president was in 1868, after Andrew Johnson was impeached on 11 counts. Remembered today as a lamentable exercise in hyper-partisanship, in fact Johnson’s impeachment functioned as the Founders had intended, sparing the country from the further depredations of a president who had betrayed his most basic responsibilities. We need to recover the real story of Johnson’s impeachment, because it offers the best evidence that the current president, too, must be impeached.
The case before the United States in 1868 bears striking similarities to the case before the country now—and no president in history more resembles the 45th than the 17th. “The president of the United States,” E. P. Whipple wrote in this magazine in 1866, “has so singular a combination of defects for the office of a constitutional magistrate, that he could have obtained the opportunity to misrule the nation only by a visitation of Providence. Insincere as well as stubborn, cunning as well as unreasonable, vain as well as ill-tempered, greedy of popularity as well as arbitrary in disposition, veering in his mind as well as fixed in his will, he unites in his character the seemingly opposite qualities of demagogue and autocrat.” Johnson, he continued, was “egotistic to the point of mental disease” and had become “the prey of intriguers and sycophants.”
Whipple was among Johnson’s more verbose critics, but hardly the most scathing. A remarkable number of Americans looked at the president and saw a man grossly unfit for office. Johnson, a Democrat from a Civil War border state, had been tapped by Lincoln in 1864 to join him on a national-unity ticket. A fierce opponent of the slaveholding elite and a self-styled champion of the white yeomanry, Johnson spoke to voters skeptical of the Republican Party’s progressive agenda. He horrified much of the East Coast establishment, but his raw, even profane style appealed to many voters. The National Union Party, seeking the destruction of slavery and the Confederacy, swept to victory.
No one ever thought Johnson would be president. Then, in 1865, Booth’s bullet put him in office. The end of the war exposed how different Johnson’s own agenda was from the policies favored by Lincoln. Johnson wanted to reintegrate the South into the Union as swiftly as possible, devoid of slavery but otherwise little changed. Most congressional Republicans, by contrast, wanted to seize the moment to build a new social order in the South, enshrining equality and protecting civil rights. Johnson sought to restore America as it had been, while the Republicans hoped to make it more perfect.
The two visions were irreconcilable. As the feud deepened, each side pushed its commitments to their logical extremes. Congressional Republicans approved the Fourteenth Amendment, voted to enlarge the role of the Freedmen’s Bureau, and passed the Civil Rights Act. Taken together, these measures established the equality of Americans before the law and, for the first time, made its preservation a federal concern. They amounted to nothing less than a social revolution, a promise of an America that belonged to all Americans, not just to white men.
From the archives: W. E. B. Du Bois on the Freedmen’s Bureau
Johnson and his supporters found this intolerable. In federal efforts to establish racial equality, they saw antiwhite discrimination. Johnson vetoed the Civil Rights Act, insisting that “the distinction of race and color is by the bill made to operate in favor of the colored and against the white race.” For the first time in American history, Congress overrode a veto to pass a major piece of legislation. Three months later, he vetoed the renewal of the Freedmen’s Bureau Bill, complaining that its plan to distribute land to former slaves constituted “discrimination” that would establish a “favored class of citizens.” Congress again overrode his veto. That set up an unprecedented situation, as the president was asked to administer laws he had tried to block. Instead of the promised peace, the nation found itself gripped by an accelerating crisis.
The question facing Congress, and the public, was this: What do you do with a president whose every utterance and act seems to undermine the Constitution he is sworn to uphold? At first, Republicans pursued the standard mix of legislative remedies—holding hearings and passing bills designed to strip the president of certain powers. Many members of Johnson’s Cabinet worked with their congressional counterparts to constrain the president. Johnson began to see conspiracies around every corner. He moved to purge the bureaucracy of his opponents, denouncing the “blood-suckers and cormorants” who frustrated his desires.
It was the campaign of white-nationalist terror that raged through the spring and summer of 1866 that persuaded many Republicans they could not allow Johnson to remain in office. In Tennessee, where Johnson had until the year before served as military governor, a white mob opposed to black equality rampaged through the streets of Memphis in May, slaughtering dozens of people as it went. July brought a second massacre, this one in New Orleans, where efforts to enfranchise black voters sparked a riot. A mob filled with police, firemen, armed youths, and Confederate veterans shot, stabbed, bludgeoned, and mutilated dozens, many of them black veterans of the Union Army. Johnson chose not to suppress the violence, using fear of disorder to build a constituency more loyal to him than to either party.
Congress opened impeachment hearings. The process unfolded in fits and starts over the next year and a half, as Johnson’s congressional opponents searched vainly for some charge that could gain the support of a majority of the House. Then Johnson handed it to them by firing his secretary of war, defying a law passed, in part, to stop him from undermining Reconstruction. The House passed 11 articles of impeachment, forcing Johnson to stand trial before the Senate. But the effort fell short by a single vote.
When Johnson’s supporters learned that he had been spared, they were ecstatic. In Milwaukee, they careened down the street in a wagon, shouting for Johnson and liberty, sharing a keg of beer. In Boston and in Hartford, Connecticut, they fired 100‑gun salutes; in Dearborn, Michigan, they settled for 19 guns and bonfires. “We have stood for the last few months upon the verge of a precipice, a dark abyss of anarchy yawning at our feet,” the Maryland Democrat Stevenson Archer said, sketching an alternative result whereby “dark-skinned fiends and white-faced, white-livered vampires might rule and riot on the little blood they could still suck out by fastening on helpless throats.”
But the euphoria proved short-lived. The New York Times urged Johnson’s supporters to look at the bigger picture: “Congress has assumed control of the whole matter of reconstruction, and will assert and exercise it.” Any effort to wrest control back from the House and Senate was held in check by the specter of another impeachment, which haunted Johnson’s remaining months in office. The Democrats took up Johnson’s political cause; their convention theme in 1868 was “This Is a White Man’s Country; Let White Men Rule.” But when the politically damaged Johnson made a bid for the Democratic nomination—“Why should they not take me up?”—he was refused. Ulysses S. Grant won on the Republican ticket, and threw the full force of the Army behind the project of Reconstruction. Johnson went home to Tennessee.
If the goal of impeachment was to frustrate Johnson’s efforts to make America a white man’s country again, it was an unqualified success. Instead of being remembered as a triumph, however, in the years that followed, it was memorialized as a failure. Defending the impeachment on substantive grounds required believing that all people born in the United States—white and black alike—deserved the same civil liberties. And a decade later, America changed its mind about that, abandoning the project of Reconstruction and reneging on its promise of civil rights for African Americans. Johnson had said he was fighting to preserve a “white man’s government,” and for the next century, that’s what the country largely had. Robbed of its animating force, the bill of particulars against Johnson began to seem hollow, petty, and misguided. How could it have been proper to impeach a president for undermining the Constitution’s guarantee of equality, when the nation as a whole had subsequently done the same?
The chorus of experts who now present Johnson’s impeachment as an exercise in raw partisanship are not learning from history but, rather, erasing it. Johnson used his office to deny the millions freed from bondage the equality that God had given them and that the Constitution guaranteed. To deny the justice of Johnson’s impeachment is to affirm the justice of his acts. If his impeachment was partisan, it was because one party had been formed to defend the freedom of man, and the other had not yet reconciled itself to that proposition.
The senators who voted against convicting Johnson insisted that they were standing on principle and upholding the Constitution. Yet some of the same lawmakers who expended so much effort defending the prerogatives of the presidency simultaneously turned a blind eye to the gross civil-rights violations that pervaded the South; their deep concern for constitutional niceties with respect to the president gave way to willful indifference when blacks were the ones who were systematically and violently deprived of their rights. It was a bitter irony: The impeachment proceedings were greeted with alarm by those who feared they would destroy the Constitution. In the end, though, it was the regular process of government that eventually ratified Jim Crow, the most outrageous abrogation of constitutional protections in the nation’s history. Impeachment drew the United States closer to living up to its ideals, if only fleetingly, by rallying the public against Johnson’s assault on the Constitution.
Today, the United States once more confronts a president who seems to care for only some of the people he represents, who promises his supporters that he can roll back the tide of diversity, who challenges the rule of law, and who regards constitutional rights and liberties as disposable. Congress must again decide whether the greater risk lies in executing the Constitution as it was written, or in deferring to voters to do what it cannot muster the courage to do itself. The gravest danger facing the country is not a Congress that seeks to measure the president against his oath—it is a president who fails to measure up to that solemn promise."
Impeach Trump Now - The Atlantic
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