MULLING MUELLER

MAY 30, 2019 – [NOTE TO READERS: The poetry of Wallace Stevens will have to wait (see yesterday’s post).]  – After Robert Mueller’s appearance yesterday, I read Volume II of his Report. Volume II addresses the question of the president’s obstruction of justice. The Report is an exemplary piece of rigorous legal writing, but you need not be a lawyer to grasp it. It’s even written in language that Republican Senators and Representatives can understand—if they read it.

My own conclusion about the Report: though it could certainly serve as the basis for indictment of the president after he is no longer president, it was not written foremost for federal prosecutors. It was written for Congress.

House Democrats plus Representative Amash from Michigan now face a monumental question. But We the People will ultimately face the consequences of the answer.

The question is whether to impeach the president. The answer isn’t simple. As the Caterpillar ad campaign from the 1970s read, “There Are No Simple Solutions. Only Intelligent Choices.” Let’s hope the House majority will make an intelligent choice.

As with most big questions, the one at hand raises sub-questions. Here are three, with my commentary:

  1. Does the Mueller Report state the case for impeachment?

Yes—obstruction of justice.

  1. How significant is the wrong-doing?

If Nixon’s obstruction of justice over Watergate was enough to cause him to resign (in the face of certain impeachment and conviction), the current president’s version ranks just as high or higher.

  1. What are the foremost pros and cons of proceeding with impeachment?

PRO: However quixotic, impeachment is a critical exercise of Congressional power in the face of the Executive’s abuse of power; in light of the Mueller Report, establishing a precedent for action, however futile the action, is far better than creating a precedent for inaction; a precedent for action is essential to discourage further over-reach by this president and power-grabs by future presidents; absent impeachment, the “Imperial Presidency” will have scored a troubling victory—by default.

CONS: It’s a sure-fire bet that the Republican-controlled Senate will not convict the president if he is impeached. The Republicans know this. The president knows this. From the moment articles of impeachment are drafted to Election Day, the president, Republicans and their propaganda organ, FoxNews, will campaign on two words: “1. Witch; and 2. Hunt.” The nation will grow weary of hearing about “obstruction of justice” and will settle on the easier, “witch hunt,” greatly enhancing the chances of the president’s re-election. Drunk on power and success, the president and his Republican enablers will seek political retribution of the highest order; the “U.S.A.” will become known as the “S.A.,” which, by the way, ought to chill the spine of anyone familiar with the history of Germany in the 1930s. Game over.

Defend or detest the president all you want, but the Mueller Report speaks for itself. What follows in the weeks/months ahead—impeachment or not—and the 2020 campaign will be as critical to our nation’s future as any episode since . . . dare I say? . . . the Civil War.

 

© 2019 Eric Nilsson