With conclusion of hearings in the Intelligence Committee, the next step in the impeachment of Donald Trump is a hearing in the Judiciary Committee, where we expect articles of impeachment to be drawn. Those articles are critical, because they will lay the foundation for his trial in the Senate.
I’ve heard rumors, however, that we will see very narrowly drawn articles. The stated reason is to make the case as compelling as possible, and possibly get some Republicans on board. This is a very big mistake. We know Republicans have already decided not to cooperate in a fair evaluation of Trump. They are looking for a show trial, where the verdict is preordained. That is, an acquittal is preordained.
Given this situation, Democrats must draw the articles very broadly and include as much evidence of impeachable conduct as possible. The articles will be read into the record in the House before they are voted, and making them complete is the only way to ensure all Trump’s crimes are documented in the official public record.
Democrats remember: We are making history.
When people read that history, they need to see the scope and depth of Trump’s attack on democracy and the rule of law. Every last little misdemeanor needs to be included, so it can be referenced by people from now until the end of civilization.
So, I’m drafting a reference set of articles of impeachment, and I’d like your help. I want to know what you want to include, both in terms of the charges and in terms of the Trump’s conduct that bolsters those charges.
Let’s start with a list of articles. What gets to core of the issue?
Summary of Articles
I propose these articles of impeachment against Donald Trump:
Article I: Treason
Article II: Bribery
Article III: Abuse of Power
Article IV: Breach of Agreement
Article V: Obstruction of Congress
Article VI: Crimes Against Humanity
Article VII: Deceiving the American People
I’m going to briefly describe each of these and indicate some of the evidence that fits into each article. I want and expect the Judiciary Committee to expand this list to include every act where there is reasonable evidence Trump committed it. So, this is the minimal list, not a comprehensive detailing of every high crime. But when it goes to the floor of the House, it should be comprehensive, omitting no detail.
Descriptions
Here is a brief description of each article and what I think should be included:
Article I: Treason
Treason consists of adhering to our enemies, giving them aid and comfort. I think at least three actions by Trump qualify:
- Donald Trump withheld security assistance, which had been duly authorized by Congress, from Ukraine, while that country was under attack by our enemy, Russia.
- Donald Trump withdrew troops from northern Syria, yielding back territory to our enemy, Syria, and materially aiding our enemy, ISIS.
- Donald Trump curtailed joint exercises with South Korean military forces to please our enemy, Kim Jong-un.
Article II: Bribery
Donald Trump has used his office to enrich himself, in violation both the foreign and domestic Emoluments Clauses of the Constitution.
The foreign emoluments clause states:
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
[Article I, Section 9, Clause 8]
The domestic emoluments clause states:
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
[Article II, Section 1, Clause 7]
This charge should start with Trump’s non-divestiture of his holdings, and should include each way he and his family have profited from his tenure in office.
[Frankly, can anyone show me a time when Trump put the good of the country before his own, personal gain?]
Article III: Abuse of Power
Nearly every attempt Trump made to do something that’s been blocked by the courts qualifies as an abuse of power. This includes:
- Attempting to prevent people coming to the U.S. from primarily Islamic countries on the basis of their religion.
- Transferring military funds to build a wall against Mexico.
But there are many other instances:
- Interfering in the proper administration of justice in the military.
- Transferring scientists away from their posts to thwart their work.
- Allocating emergency funds away from Puerto Rico, the Virgin Islands, and California for political reasons.
This article should also include obstruction of justice that doesn’t involve obstructing Congress. For example, it is alleged Trump and others in his administration obstructed the Mueller probe, and even tried to shut it down. That is an abuse of power.
Please help me fill in the list.
Article IV: Breach of Agreement
In agreeing to become President, Donald Trump agreed to:
Faithfully execute the Office of President of the United States, and … to the best of [his] Ability, preserve, protect and defend the Constitution of the United States.
He has failed to faithfully execute the Office of President, and he has failed to preserve, protect, and defend the Constitution.
[Frankly, can anyone show me a time when Trump took any interest in understanding what the country needed and pursuing it? Can anyone say for sure he knows what the laws of the country actually are?]
Article V: Obstruction of Congress
Donald Trump directed members of the Executive Branch not to testify before Congress, and denied or obstructed attempts to obtain documents pertinent to congressional oversight of government.
This goes beyond the normal protection of executive power to attempts to hide illegal activity from Congress and stymie their normal oversight privileges.
Article VI: Crimes Against Humanity
Donald Trump and his cabinet members directed agencies of the government to separate children from their parents when they applied for asylum. They denied asylum, in contravention of U.S. law, and directed asylum seekers back to countries were some of them were murdered or otherwise harmed.
There are numerous other instances, including his interference in military justice, where he sided with someone accused of murdering an innocent civilian during operations, not to mention pardoning a sheriff who blatantly abused human rights.
Trump is on the record describing waterboarding as not torture (in contradiction to our own use of it as a charge of torture after World War II) and favoring even more torturous methods. His encouragement of people in the executive to use torture constitutes a crime against humanity.
Article VII: Deceiving the American People
Donald Trump, aided and abetted by the Republican Party, has systematically lied to and deceived the American people, with the purpose of subverting democracy and the rule of law.
[I think we could cite at least 10,000 examples here, because someone has actually been counting.]
One of the most obvious examples is his claim that climate change is a hoax. This is a dangerous distortion of reality, which has policy implications, and will be harmful to the American people. Out of the many thousands of lies, we should select the two or three dozen that are most harmful to our country for this article.
Comments
This set of articles is under development. I invite you to provide feedback in the comments, especially if you think there is any article that’s missing or you have specific things you think should be included in these articles.
I’m planning to publish the full set this Sunday.
Here is your chance to have your say in the charges the House will level against Donald Trump. Let’s make sure those charges give Republicans pause for thought before they cavalierly dismiss his conduct as worthy of a President of the United States.