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You are here: Home / Politics / Domestic Politics / Tribe’s Impeachment Compromise

Tribe’s Impeachment Compromise

by Betty Cracker|  June 6, 201910:27 am| 159 Comments

This post is in: Domestic Politics, Impeach the Motherfucker!, Impeachment, Open Threads, Politics

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Constitutional law scholar Laurence Tribe wrote an op-ed for The Post suggesting a compromise that would allow the Impeach the Motherfucker NOW! crowd and Team Proceed Cautiously Because 2020 Is Everything to meet in the middle. The compromise is predicated on the notion that a House impeachment needn’t function explicitly as a prosecutor or grand jury that refers its findings to the Senate for trial — Tribe says the House can conduct an inquiry “in which the target is afforded an opportunity to participate and mount a full defense” and skip the referral.

He cites precedent during the Watergate impeachment proceedings, when Nixon’s attorney appeared to defend Nixon against charges leveled by the House. Since Nixon subsequently resigned, there was no need to refer the articles of impeachment to the Senate, but Tribe says the House Judiciary Committee in that era drafted findings that included “determinations of fact and law and verdicts of guilt to be delivered by the House itself, expressly stating that the president was indeed guilty as charged.” On that basis, Tribe surmises that “an impeachment inquiry conducted with ample opportunity for the accused to defend himself before a vote by the full House would be at least substantially protected, even if not entirely bullet-proofed, against a Senate whitewash.”

Here’s Tribe’s conclusion:

The point would not be to take old-school House impeachment leading to possible Senate removal off the table at the outset. Instead, the idea would be to build into the very design of this particular inquiry an offramp that would make bypassing the Senate an option while also nourishing the hope that a public fully educated about what this president did would make even a Senate beholden to this president and manifestly lacking in political courage willing to bite the bullet and remove him.

By resolving now to pursue such a path, always keeping open the possibility that its inquiry would unexpectedly lead to the president’s exoneration, the House would be doing the right thing as a constitutional matter. It would be acting consistent with its overriding obligation to establish that no president is above the law, all the while keeping an eye on the balance of political considerations without setting the dangerous precedent that there are no limits to what a corrupt president can get away with as long as he has a compliant Senate to back him. And pursuing this course would preserve for all time the tale of this uniquely troubled presidency.

Go read the whole thing — I almost certainly bollixed up some key points by summarizing. But if I’m understanding Tribe correctly, he offers an intriguing alternative here.

Since the Senate won’t do its job, the House will need to get creative, and televised hearings that fully explore Trump’s corruption and abuse of power while not subjecting the process to a Republican cover-up sounds like a good option to me. What say you?

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159Comments

  1. 1.

    bbleh

    June 6, 2019 at 10:38 am

    I think “televised hearings that fully explore Trump’s corruption and abuse of power while not subjecting the process to a Republican cover-up” are a good idea, whatever they’re called.

    I think the principal impediment at present is not what label is slapped on the hearings but rather the maximal stonewalling by the Executive, which at present means that the House must work to get the Judiciary on their side. It MAY eventually be helpful to that effort to label the hearings as “impeachment” hearings, but for right now, the House is winning about as hard and fast as possible in the courts — judges are all but laughing the WH out of court — so they’re not yet at that point.

    Otherwise, the only effect I can see of the label they apply to the hearings is on the emotions of the two portions of the electorate — the 40% or so that will vote for Trump almost no matter what and the 40% who will never vote for him. Which one it would excite more, and when, and what would be the implications for 2020, is quite beyond me, and I would guess it’s beyond anyone to predict reliably, but I don’t think it’s going to change any of their minds.

    So I guess my bottom line is … eh, whatever. Have the hearings, get the documents and the witnesses. What they’re called — just hearings, or impeachment hearings, or impeachment-hearings-plus a la Tribe … it’s sound and fury signifying nothing predictable and maybe nothing at all.

  2. 2.

    Kay

    June 6, 2019 at 10:39 am

    David Fahrenthold
    ‏Verified account
    @Fahrenthold
    Follow Follow @Fahrenthold
    More
    NEW: We got leaked documents detailing 1,200+ different stays at @realDonaldTrump’s hotel. Here’s the guest who stayed the longest: a sheikh who wants to be president of Iraq, and who wants the U.S. to strike Iran.
    He spent 26 nights in a suite.

    I don’t care what they do but they have to do something. The level of corruption is unsustainable. If this becomes the new lower standard the country will collapse and it will become the new lower standard. It already is. It has to be actively undone. Russia aside, these people are deeply corrupt. In nearly every area. None of them work for the public. It’s a feeding frenzy.

  3. 3.

    Skepticat

    June 6, 2019 at 10:41 am

    D’accord.

  4. 4.

    DCrefugee

    June 6, 2019 at 10:42 am

    I’m old enough to have lived through Watergate. Live, televised hearings over 1973 and 1974 did the trick. Before it was over, even Republicans were saying Nixon would be removed from office if he didn’t resign.

    There’s so much more we don’t know, beyond the Mueller report. But keeping this front and center for the next, say, 18 months is the only sure way to get rid of Agent Orange.

    If it’s done right — which it won’t — support for the R team would be down around the Crazification Factor. It’s a golden opportunity to show the public what both Dems and Rs are made of.

  5. 5.

    Rick Smeltzer

    June 6, 2019 at 10:43 am

    Nope. Broadcast TV gets too many $$$ from political campaigns. The local channels especially reap a ton of reward during election cycles. They won’t give up that sweet cash, so they will bend over backwards to both-sider the shit out of this. We’re truly fucked until we have public campaign financing, which we all know will never happen.

    Costa Rica is sounding better and better with each passing day…

  6. 6.

    MattF

    June 6, 2019 at 10:45 am

    It’s interesting, but… lawyerly. People are already misinformed and confused about what the House may or may not do. As long as Trump’s criminality and lying are explicitly up front, though, whatever it may be called, I’m OK with it. The point, as the Speaker has noted, is that Trump should be in prison.

  7. 7.

    hells littlest angel

    June 6, 2019 at 10:47 am

    As someone who thinks the best course is to investigate Trump until he develops an eating disorder has a stroke, I heartily approve. Leaving Mitch McConnell’s corrupt Senate majority out of the process is a brilliant strategy.

  8. 8.

    cmorenc

    June 6, 2019 at 10:47 am

    All these fine distinctions would be lost on the father-son pair I had a brief, courteous encounter with yesterday on a public access walkway to the beach – both were wearing “Make America Great” logo sunhats. OTOH, I was riding a bicycle down the 600 ft walkway, and they patiently, courteously waited for me to arrive at a wider seating area before proceeding with their cart full of beach gear (cooler, chairs etc) and greeted me with some friendly nonpolitical small-talk when I got to the wider landing, as if to assure me they were totally cool with waiting for me rather than to proceed and try to work out narrowly passing one another on the walkway.

    That’s the pardox of many red-area Trump supporters: in many ordinary face-to-face situations, they are very decent, courteous people, yet the man and policies they ardently support are utterly corrosive, divisive, and often outright evil. And yet, other than their political inclinations, they behave like ideal neighbors, even as those inclinations are paving the way for ruination of this country.

  9. 9.

    rikyrah

    June 6, 2019 at 10:48 am

    Why do black voters support Biden? They just want to beat Trump.
    The pragmatic politics of race.
    By Theodore R. Johnson

    Joe Biden has a past that threatens his prospects with black voters — from his long-ago stance against busing to his mismanagement of Anita Hill’s testimony about Clarence Thomas to his onetime support of the 1994 crime bill. Now he’s running for president in a crowded 2020 Democratic field that includes three black candidates, all of whom will need strong African American support to secure the party nomination.

    …………………………….

    Biden certainly owes some of this early success to his tenure as Barack Obama’s vice president. But a fuller explanation has to do with the politics of pragmatism. When it comes to presidential races, black voters, perhaps more than any other demographic, vote not for what might be gained but according to what might be lost.

    Voters are generally risk-averse, preferring candidates they know over those who may be more exciting but unfamiliar. This holds particularly true for black voters: A study published last year in Public Opinion Quarterly noted that black voters are especially inclined to choose established candidates and efficiently assess contenders based on their perceived ability to preserve hard-won civil rights and racial equality gains.

    This approach isn’t new, but President Trump has intensified it. His disapproval rating among African Americans was 84 percent in a late-April YouGov poll, compared with only 9 percent approval. In a CNN/SSRS poll taken around the same time that grouped together all voters of color, 96 percent of nonwhite Democratic or Democratic-leaning voters reported that defeating Trump was extremely or very important to them in determining whom to support in the primary race; in a contemporaneous Quinnipiac poll, 61 percent of nonwhite Democrats said they believed that Biden had the best chance of doing so. Next best was Sanders, at 10 percent. If you were to go by Twitter or cable news coverage, you might conclude that minority communities are consumed by “identity politics.” But voters of color, including black voters, are squarely focused on getting Trump out of office. Biden, for now, is the beneficiary.

  10. 10.

    Mike in NC

    June 6, 2019 at 10:51 am

    Our entire foreign policy is now based on who puts the most money into Fat Bastard’s pockets.

  11. 11.

    bbleh

    June 6, 2019 at 10:53 am

    @hells littlest angel: Yes yes yes. This is essential. Have all the hearings you want, but no impeachment articles or impeachment vote! If they actually impeach — pass articles — then the process moves to the Senate, and McConnell will stage-manage the best possible propaganda victory for Trump that his devious lizard brain can devise.

    One other point: as Pelosi has observed, a lot of the public don’t even know what “impeachment” means. Many think it is synonymous with removal. As MattF observes, Tribe is splitting this hair even further. It’s way-inside baseball. To ring a very loud bell, especially when a lot of people don’t know what it signifies, is risky. And once rung, it can’t be un-rung. This suggests to me that Pelosi is right to be very cautious about dropping the I-bomb.

  12. 12.

    rikyrah

    June 6, 2019 at 10:53 am

    @Kay:

    I don’t care what they do but they have to do something. The level of corruption is unsustainable.

    This is why I believe Kamala Harris should make this her issue. Say, ‘ I am not Kamala the Cop, but I AM Kamala the Prosecutor. And, the level of corruption needs to be cleaned up.’

  13. 13.

    dm

    June 6, 2019 at 10:53 am

    I think the process in the House would quickly turn into a political liability for the Republican Senate as it starts to look like they’re protecting Trump from justice and not protecting the American people from corruption and a would-be dictator.

  14. 14.

    Betty Cracker

    June 6, 2019 at 10:54 am

    @Kay: Fahrenthold is a national treasure. I hope he gets some documents related to the multi-million dollar charges Trump’s 1K-strong entourage racked up at Qatari-owned hotels in London this week. You’re right — this isn’t sustainable.

  15. 15.

    rikyrah

    June 6, 2019 at 10:55 am

    I liked the suggestion in Silverman’s post from the other day that they appoint a special committee on the corruption of this Administration. Make them the overarching go-to committee. Have someone who is good on tv be head of it – like Ted Lieu.

  16. 16.

    Jeffro

    June 6, 2019 at 10:56 am

    Just. Fucking. Open. Impeachment. Hearings. Already.

    And then parade all the evidence of corruption and betrayal before the American people.

    And then vote.

    And then put it all on ol’ Mitch. Let him be the face of the trumpov-enabling GOP. Let the whole party try to deny/deflect/gaslight about what Americans see and hear in those House impeachment proceedings.

    Mitch can rocket-docket an impeachment show trial and aquittal all he wants, Twitler is already damaged beyond re-electing. It’s not like The Turtle’s “seal of approval” is going to win back the large-and-growing majority of Americans who won’t vote for trumpov next fall.

  17. 17.

    Jeffro

    June 6, 2019 at 10:57 am

    @dm: Ay-men!

  18. 18.

    Another Scott

    June 6, 2019 at 10:57 am

    @Rick Smeltzer: I’d be wary of thinking about moving to Central America, myself. I can’t find any numbers for Costa Rica, but a strong case can be made that Honduras’s huge crime problems are a consequence of the very high lead levels used in gasoline until the late 1990s. Costa Rica phased out lead at the same time.

    Cheers,
    Scott.

  19. 19.

    dww44

    June 6, 2019 at 10:59 am

    @DCrefugee: This would be a nice bonus if voters in 2020 kicked both Trump and his GOP enablers to the curb. We are long overdue for a comeuppance to Republicans that is non-deniable. I’m afeared that won’t happen until we fix the electoral system in the country.

    O/T scrolled by George Will on MSNBC early yesterday evening opining about his new book. The chyron across the bottom of the screen read “Trump is not a conservative”. I didn’t tune in to find out what he was calling those who voted for him or who support him in the Congress. I so badly wanted to ask him, “if Trump isn’t a conservative, how did the conservative movement make him the nominee of their party?”

  20. 20.

    Ohio Mom

    June 6, 2019 at 11:00 am

    Of course there must be extensive hearings (they don’t have to be titled Impeachment Hearings), and a written record created. That’s already underway and must be followed through on.

    Even if the eventual results are not all what we hope they will be, that’s the House’s job. It’s what they swore to do.

    Now all those Benghazi hearings did not convince the diehards that there was no there there, but the truth is documented for prosperity. I have to believe that matters. I can’t give in to that much cynicism.

  21. 21.

    mrmoshpotato

    June 6, 2019 at 11:00 am

    @Mike in NC:

    Our entire foreign policy is now based on who puts the most money into Fat Bastard’s pockets.

    Has been since the 2016 election. Even the transition team was corrupt as fuck. See Flynn Sr., Michael J., etal

  22. 22.

    dww44

    June 6, 2019 at 11:00 am

    @Jeffro: This.

  23. 23.

    Betty Cracker

    June 6, 2019 at 11:00 am

    @bbleh: That’s a good point about many folks not knowing what “impeachment” means, but the whole point of Tribe’s proposal is to deny McConnell a chance to fake-exonerate Trump by NOT referring articles of impeachment. I’m not sure it’s the right approach, but it is designed to take that risk off the table while giving the Trump people a chance to defend Mango Mussolini before the House and giving the House an off-ramp before a referral. It might very well be too much inside baseball, but it’s an intriguing prospect because, while there are definitely risks involved with traditional impeachment, there are also very real costs associated with not impeaching an obvious criminal.

  24. 24.

    schrodingers_cat

    June 6, 2019 at 11:06 am

    @rikyrah: Agreed. I would also like her to take on immigration head-on. As a child of immigrants she is in a unique position to do so. And not just the asylum process or DACA but also legal immigration.

  25. 25.

    dww44

    June 6, 2019 at 11:07 am

    @dww44: and George Will’s sheer arrogance has always annoyed the bejesus out of me! Like that interview with Ted Koppel on CBS Sunday Morning this past week!

  26. 26.

    NotMax

    June 6, 2019 at 11:10 am

    @dww44

    His bow tie constricts blood flow to the brain.

  27. 27.

    WereBear

    June 6, 2019 at 11:12 am

    @Betty Cracker: It might very well be too much inside baseball, but it’s an intriguing prospect to because, while there are definitely risks involved with traditional impeachment, there are also very real risks of not impeaching an obvious criminal.

    Precisely why I am hoping this will thread the needle.

    Because you keep the battle on your turf. Dems hold the House: show people why.

  28. 28.

    Raoul

    June 6, 2019 at 11:14 am

    If nothing else, an impeachment inquiry would propel a narrative that isn’t driven constantly by Trump’s tweets. The press (and to varying extents, many on the left) react to each utterance with outrage, sputter and some component of fear. But react is the key.

    No I don’t think Trump is a genius. I think he’s tap dancing as fast as he can. But everyone is still fascinated by it, even if 52 or maybe 55% of us are just hoping he trips and does a header off the stage.

    Months of weekly televised hearings (dribble it out, but also to allow each component of corruption, incompetence, and malice to be digested) would reduce Tweetle-dumb’s effect, I think.

  29. 29.

    JimV

    June 6, 2019 at 11:17 am

    Trump’s defense would not occur by his representatives testifying before the inquiring committees (he would refuse to send any) but by tweets and Fox News and Limbaugh, et al. I suppose we should go ahead anyway as a matter of form, but at this point people are either with Trump or against him, and aren’t likely to change their minds. (Unless we could get rid of Fox News and Limbaugh, et al. That’s what we need a plan for.)

    One of my best friends at GE, a draftsperson, used to work with his radio tuned to Limbaugh all day. (It seemed like.) We would give each other our right arms if necessary, I think. Maybe his BS-detector is tuned to liberals and mine to conservatives.

  30. 30.

    Anonymous At Work

    June 6, 2019 at 11:21 am

    Trump won’t make Nixon’s mistake in sending a defense attorney. He’ll expect the House Freedom Caucus to make any defense and stonewall any witnesses or documents. They’ll play for time to prevent any hearings from starting. “Contempt of Congress” will be met with pardons, I expect. Total shitshow and as rancorous as possible, so that “both sides”ers can lament the bitter partisanship and get a lot of viewers to tune out the entire thing as “politics = not working, get ‘outsider’ to ‘disrupt’ things”.
    That’s the thought-path of Pelosi and it’s hard to argue against it as a matter of politics. Do I really think that she’s ignoring, ignorant, blase, and/or biased against the ethical imperative side of things? No. But being high-minded got us President Nader in 2000.

  31. 31.

    Raoul

    June 6, 2019 at 11:21 am

    @bbleh: I take your second paragraph seriously, but I also wonder at what point does this escalate anyway? Yes, so far House moves to gain documents or subpoena testimony have had wins in the first tier of court. But with appeals and the packing of courts by (ptuh, ptuh, feh) McConnell, will that hold? And how long can the stalling be drawn out?

    A formal impeachment inquiry may be necessary just to blast through the stonewalling. I’m not a constitutional scholar, but it seems the inter-branch ‘co-equal’ crisis is already rolling, and it just isn’t quite sinking in for the public.

  32. 32.

    bbleh

    June 6, 2019 at 11:23 am

    @Betty Cracker: Ok, but but but, isn’t the best way to avoid referring articles of impeachment to McConnell simply (to quote Arnie) … don’t do that? And isn’t that entirely independent of whatever they choose to call the hearings, or whoever is invited to participate?

    Look, whatever they’re called, and whoever is invited, and whatever other rules they put in place, the whole thing will be a circus. Democrats will squabble and botch parts of the rollout, Republicans will grandstand and squirt ink and throw bombs, the media will garble the story and confound it with their own agendas … what they’re called and who shows up (other than perhaps Robert Mueller, or some modern-day John Dean like McGahn) will be a big gemisch. But they CAN get information out — imperfectly, to be sure — and in doing so they can fulfill all those noble Constitutional mandates and at the same time weaken Trump’s re-election bid. Hearings good.

    But as long as they don’t actually vote articles — which presumably Pelosi has absolute control over — who cares about the details? They’ll just get lost in the noise imo.

  33. 33.

    Sab

    June 6, 2019 at 11:25 am

    @Kay: I love the way in Ohio we voted out the mildly corrupt guys like Taft and Petro who were embarrassed to be called out, and then voted in the shamelessly corrupt guys like Kasich, Mary Taylor, Josh Mandel who simply retended there was nothing bad going on there, and everyone believed them.

  34. 34.

    NotMax

    June 6, 2019 at 11:30 am

    @Sab

    Mandel is a prime argument for never voting for anyone who hasn’t passed through puberty.

    :)

  35. 35.

    Brachiator

    June 6, 2019 at 11:32 am

    Has this already been discussed?

    Professor Allan Lichtman, who correctly predicted the last nine presidential election wins, says Democrats will only have a chance at winning in 2020 if they impeach President Donald Trump.

    https://www.cnn.com/videos/politics/2019/05/29/president-trump-impeachment-2020-election-professor-allan-lichtman-sot-nr-vpx.cnn

  36. 36.

    burnspbesq

    June 6, 2019 at 11:40 am

    Tribe is every bit as wrong as Dershowitz, albeit for different reasons.

  37. 37.

    Betty Cracker

    June 6, 2019 at 11:44 am

    @bbleh: I am not a lawyer, nor have I recently stayed at a Holiday Inn Express, but I gather from Tribe’s article that it does matter what type of hearing it is because the subject (Trump) has to be afforded an opportunity to defend himself, which happens via referral to the Senate in a traditional impeachment? Again, I may be off base and have zero expertise on this subject, but that was my takeaway.

  38. 38.

    Bill Arnold

    June 6, 2019 at 11:44 am

    @burnspbesq:
    Please explain. (I and others respect your opinions.)

  39. 39.

    UncleEbeneezer

    June 6, 2019 at 11:45 am

    @Betty Cracker: When Pelosi inevitably gets pearl-clutching questions about civility, norms and refusing to let the Senate follow tradition, I would love to hear her respond by pointing out that Mitch McConnell and the GOP members of the Senate have proven that they cannot be trusted to follow any rules or norms or even the faintest whiff of Oversight. She could also say that there are just too many clouds of suspicion regarding ties to Russia for them to be trusted.

  40. 40.

    The Moar You Know

    June 6, 2019 at 11:55 am

    Tribe says the House Judiciary Committee in that era drafted findings that included “determinations of fact and law and verdicts of guilt to be delivered by the House itself, expressly stating that the president was indeed guilty as charged.”

    If true, this is a smart way forward. Timing is the next issue. You want these investigations and hearings to be going forward during all of 2020, with the “verdict” coming in…oh, when did Comey make his speech, about a week before Election Day? That sounds about right.

    I don’t care what they do but they have to do something.

    @Kay: This is literally the worst reason to do anything and is guaranteed to fail. Focus on a goal and work towards that. “Do something, doesn’t matter what” is what drowning people do. And it rarely ends well.

  41. 41.

    RinaX

    June 6, 2019 at 11:55 am

    @DCrefugee:

    There was not a propaganda network back then dedicated to disputing everything that came out of those hearings. Republicans also would not immediately dismiss any news that came from those hearings. And so-called “liberal” networks did not feel compelled to have Republicans come out and lie about what people heard to provide a sense of “balance.”

    Having said that, the hearings could help swing those margin voters even if they don’t necessarily shift opinions among hard-core Republicans. I’m fine with televised hearings airing out the Trump admins dirty laundry. I have yet to be convinced that an impeachment vote would have any additional effect.

  42. 42.

    Cheryl Rofer

    June 6, 2019 at 11:57 am

    I’m fine with this. I’m not hard over on impeachment per se, but I’m with Kay:

    I don’t care what they do but they have to do something.

  43. 43.

    JaySinWA

    June 6, 2019 at 12:00 pm

    @dww44:

    I so badly wanted to ask him, “if Trump isn’t a conservative, how did the conservative movement make him the nominee of their party?”

    I would expect a “no true Scotsman” defence.

  44. 44.

    The Moar You Know

    June 6, 2019 at 12:00 pm

    @Rick Smeltzer: Huh. Brand-new nym with the message that nothing can be done and we should all give up and leave America.

    1. Pied.
    2. Fuck you, it’s my country, arguably more so than theirs and I am not leaving.

  45. 45.

    bbleh

    June 6, 2019 at 12:01 pm

    @Betty Cracker: Does he have to be given a chance to defend himself if no articles are voted? Why? The House is not a court, and hearings certainly are not an indictment. (Tribe even says this.) My take on it was, this is a possible way to have a quasi-trial, with a quasi-VERDICT, without a referral to the Senate. I don’t think there’s any due-process-like issue. Congress sets its own rules.

    That said, I agree with anonymous above that Trump would never cooperate. Leave it to the Freedom loonies and the Senate. Why risk things going sideways on him?

    All of which gets back to … eh. Call it whatever. Beware of when you ring the bell. Just NO VOTE ON ARTICLES!

  46. 46.

    Jim, Foolish Literalist

    June 6, 2019 at 12:03 pm

    @Kay: In fairness they’ve been trying to do something and the trumps– the family and the larger outfit– are just ignoring them. I hoe the courts will continue to side with the Dems, with the idea of co-equal branches of government and oversight and checks and balances and all that good stuff– but from Kavanaugh to the recently elevated Judge Vitter to god knows who else, I’m not overly confident in the judiciary.

  47. 47.

    japa21

    June 6, 2019 at 12:03 pm

    All of this talk about hearings and how it was the hearings that got Nixon to the point where he needed to resign, forget a couple things.

    1) Yes, everybody watched the Nixon hearings because there really wasn’t much else to watch. We didn’t have 5,000 cable channels to escape to at that time.
    2) We assume people actually want to find out what is really going on. Not sure that is an accurate reading of the population of this here USofA.
    3) The likelihood of the media actually portraying any hearings accurately is somewhere between slim and none, leaning toward the latter.
    4) We are truly fucked.

  48. 48.

    Cheryl Rofer

    June 6, 2019 at 12:04 pm

    @The Moar You Know: Now that I’ve seen your comment, I’ll add that the “something” means, to me, “something to show the country that one political party still cares about goood governance and get the MF out of office.” I suspect it does for Kay too.

  49. 49.

    Brachiator

    June 6, 2019 at 12:04 pm

    @UncleEbeneezer:

    She could also say that there are just too many clouds of suspicion regarding ties to Russia for them to be trusted.

    If this is the case, then she needs to drop the idea of Impeachment, and lay down the hard truth. That an unknown number of Republican senators are traitors, and that the only hope for democracy is for people to vote for Democrats in 2020.

  50. 50.

    Jim, Foolish Literalist

    June 6, 2019 at 12:05 pm

    I see on twitter that Joe Scarborough went all “will this be a turning point for trump?” this morning because The Beast read a speech. Now Andrea Mitchell and Lester Holt are getting all gooey because trump was, as Holt just put it, “appropriate”, and seemed genuinely moved.

    My god.

  51. 51.

    Mandalay

    June 6, 2019 at 12:08 pm

    @Kay:

    He spent 26 nights in a suite.

    From Farenthold’s article:

    Kasnazan said his choice of the Trump hotel was not part of a lobbying effort, adding that he came to Washington for medical treatment at Johns Hopkins Hospital in Baltimore, about 45 miles away.

    Because the obvious choice of hotel when you are getting medical treatment in Baltimore is in downtown DC?

    But wait! There’s more…

    The company, which runs the hotel, declined to answer questions about how much Kasnazan paid for his stay, or whether it had informed anyone at the White House about the sheikh’s long visit. The company said it donated the profits of his stay to the U.S. Treasury as part of a voluntary policy aimed at countering claims that the president is in violation of the emoluments clause. Critics argue that the policy is insufficient, saying that the Trump Organization does not explain how it calculates its foreign profits or identify its foreign customers.

    The Trump Organization did not say how much the profits were from Kasnazan’s stay and did not explain why in his case it applied the “foreign patronage” policy, which it has said is for business from foreign governments. He holds no government office, and his spokesman said he paid the bill himself.

    The White House and the National Security Council declined to comment about the visit. State Department officials said that they were not aware of any official meetings between their personnel and Kasnazan at that time, but that they could not say whether informal meetings were held.

  52. 52.

    Betty Cracker

    June 6, 2019 at 12:12 pm

    @bbleh: If I answered your questions, I’d be guessing — again, not a lawyer. My interpretation of Tribe’s piece differs from yours, but I have no idea which of us is right.

  53. 53.

    lofgren

    June 6, 2019 at 12:12 pm

    I am not very sympathetic to the argument that hearings would be “divisive.” The country is divided right now. We need hearings so that we can all start to get on the same page. Either I’m delusional, or the people claiming that the Mueller report completely exonerated Trump are. Let’s have those hearings and get to the bottom of this.

  54. 54.

    burnspbesq

    June 6, 2019 at 12:14 pm

    @Bill Arnold:

    The process described in the Constitution is the process we have. The process described by Tribe might be superior to the process described in the Constitution, but you can’t get there without amending the Constitution. At least that’s my initial reaction, and I think it’s backed up by The Federalist 65 and 66; the indictment-and-trial analogy that Tribe wants to get away from is pretty clearly what the Framers had in mind (to the extent you believe Hamilton).

  55. 55.

    James E Powell

    June 6, 2019 at 12:14 pm

    @burnspbesq:

    Agree completely. The last thing we need is a $#%@# law professor, especially one from &@#%€# Harvard.

  56. 56.

    rikyrah

    June 6, 2019 at 12:15 pm

    For many black voters, 2020 isn’t about pride or making history. It’s about beating Trump
    By MARK Z. BARABAK
    JUN 06, 2019 | 3:00 AM

    Catrena Norris Carter is a bundle of conflicting impulses.

    As a black woman, she’s delighted with Kamala Harris’ presidential bid. As a liberal activist, she’s thrilled with Elizabeth Warren’s groaning board of progressive policy proposals.
    But as someone consumed with defeating President Trump, Carter is determined to think with her head, not her heart, and that cold calculation is pushing her toward Joe Biden among the crowded 2020 Democratic field.

    The former vice president may not excite her like some candidates. But he boasts one asset that, to Carter’s mind, surpasses all others: As a white male firmly embedded in the political establishment, Biden — more than a female or black candidate — stands the best chance of winning the White House.

    “We really need to be taking the temperature of the entire country,” said Carter, 51, who two years ago helped rally black women across Alabama to put Democrat Doug Jones in the U.S. Senate. “Not just people who think like us.”

    ……………………………

    “They are so sick and tired of being sick and tired of Trump, there’s this almost unconscious feeling they’re going to go with the candidate that is more likely to beat him,” said Ron Lester, a Washington pollster who has spent decades surveying the attitudes of black voters.

    For many, Lester said, “that is probably a white male,” given their deep-seated belief “that America is still a very racist place and a very misogynistic place and that a candidate who doesn’t get any white votes is probably going to lose.”

    Not all agree.

    Steven Reed, a candidate for mayor of Montgomery, said that “looking for the safest bet is a recipe for disappointment” in November 2020.

    “We need the best candidate with the best ideas and with the best opportunity to win and then implement that agenda,” said Reed, a county probate judge who is neutral in Alabama’s March 3 primary. “I don’t think playing it safe is the route Democrats should take if they want to win, if they want to excite the base, if they want to get out nontraditional voters and win over swing voters.”

    …………………………
    “The conversation in the barber shop and beauty salons is that Biden was there for Obama, he had his back … he’s a really close friend, so it makes them feel like they have a relationship, even if they’ve never met him,” said Anthony Daniels, who leads Democrats in Alabama’s House of Representatives. “A lot of times in the African American community they don’t trade old friends for new friends.”

  57. 57.

    Brachiator

    June 6, 2019 at 12:15 pm

    @Jim, Foolish Literalist:

    Now Andrea Mitchell and Lester Holt are getting all gooey because trump was, as Holt just put it, “appropriate”, and seemed genuinely moved.

    These people never learn.

  58. 58.

    Betty Cracker

    June 6, 2019 at 12:17 pm

    @rikyrah: So far, I’ve asked three Democrats I know IRL who are supporting Biden WHY they’re supporting Biden. Every single one supports him not because they think he’s the best qualified in the field or because he inspires them or they think he’d be a much better president than any of the others but because they think he has the best chance to beat Trump. They’re scared shitless of a Trump win, and I don’t blame them. I just disagree with their risk assessment.

  59. 59.

    James E Powell

    June 6, 2019 at 12:19 pm

    @Brachiator:

    Are they calling it a pivot?

  60. 60.

    Casey Leichter

    June 6, 2019 at 12:20 pm

    I wonder if there’s also some way to publicize a running total of the $$ 45 has siphoned to himself and his family – not merely via skimming the budget, but also using foreign policy to extract bribes from foreign potentates – and juxtapose it with, say, farmer bankruptcies, people losing their businesses and jobs, etc. etc.

    It might enable people to make the connection between GOP-style corruption and the deterioration of their own prospects.

  61. 61.

    burnspbesq

    June 6, 2019 at 12:22 pm

    @James E Powell:

    The last thing we need is a $#%@# law professor, especially one from &@#%€# Harvard.

    Should we infer from this that you’re not a Warren fan? Or was the taint purged when she moved to the Senate?

  62. 62.

    rp

    June 6, 2019 at 12:22 pm

    @Betty Cracker: I just had the same conversation with my father.

  63. 63.

    CaseyL

    June 6, 2019 at 12:22 pm

    I wonder if there’s also some way to publicize a running total of the $$ 45 has siphoned to himself and his family – not merely via skimming the budget, but also using foreign policy to extract bribes from foreign potentates – and juxtapose it with, say, farmer bankruptcies, people losing their businesses and jobs, etc. etc.

    It might enable people to make the connection between GOP-style corruption and the deterioration of their own prospects.

    (PS: Apologies if this posts as a duplicate; it didn’t seem to go through the first time, so I’m trying again!)

  64. 64.

    Major Major Major Major

    June 6, 2019 at 12:23 pm

    Folks. This is not aimed at the media or Trump voters, nor will its constitutionality ever be tested by the courts, at least not in a way that matters: this is aimed squarely at democratic representatives of the “but what about the senate?” variety.

  65. 65.

    Jim, Foolish Literalist

    June 6, 2019 at 12:27 pm

    A look at anti-impeachment Dems. I’m okay with those who say “hearings, not impeachment”, I think televised hearings are a key to moving public opinion whatever the ultimate outcome, and are essential for 2020, but this “we need to move on” shit is really weak (specifically, Jeff Van Drew of NJ).

  66. 66.

    Kay

    June 6, 2019 at 12:28 pm

    @rikyrah:

    Say, ‘ I am not Kamala the Cop, but I AM Kamala the Prosecutor. And, the level of corruption needs to be cleaned up.’

    I love that. They can’t just let what Trump did stand. He ran on “the swamp”. He IS the swamp. The absolute cynicism of that can’t be ignored. It’s pure sleaze. It’s everywhere, too. From his low quality hires to his gross deadbeat “children” who can’t pass up a free trip on the public dime. They’re shameless.

  67. 67.

    Haroldo

    June 6, 2019 at 12:30 pm

    @rikyrah:

    This is why I believe Kamala Harris should make this her issue. Say, ‘ I am not Kamala the Cop, but I AM Kamala the Prosecutor. And, the level of corruption needs to be cleaned up.’

    This. ^^^^

    P.S. I turn my back and the formatting has sprung spring-like into bloom.

  68. 68.

    Gravenstone

    June 6, 2019 at 12:31 pm

    @dww44: That’s just the timeworn construction of “conservatism can’t fail, it can only be failed”.

  69. 69.

    Baud

    June 6, 2019 at 12:31 pm

    @Jim, Foolish Literalist:

    “He didn’t embarrass us” is the media’s bar for GOP presidents.

  70. 70.

    Litlebritdifrnt

    June 6, 2019 at 12:31 pm

    I am utterly fizzing mad. I just read a tweet from Halle Jackson that the US Normandy event was delayed so that Twitler could get his daily knob polishing from Ingraham. So he left 90odd year old D Day Vets waiting in the sun so he could appear on Fox. Then once on he trashed Mueller and Pelosi. The piece of shit has absolutely no fu**ing shame, none.

  71. 71.

    Kay

    June 6, 2019 at 12:33 pm

    If impeachment meant it was more likely Democrats would lose, would you do it? Would that be worth it? I think that’s what you have to consider when introducing an unknown. They know what they have now. They don’t know what they have + impeachment.

  72. 72.

    Baud

    June 6, 2019 at 12:33 pm

    @Litlebritdifrnt:

    Looks like I posted my comment at #69 too soon.

  73. 73.

    Baud

    June 6, 2019 at 12:34 pm

    @Kay:

    No.

  74. 74.

    Mandalay

    June 6, 2019 at 12:34 pm

    @Kay:

    He spent 26 nights in a suite.

    From Farenthold’s article in WaPo:

    Kasnazan said his choice of the Trump hotel was not part of a lobbying effort, adding that he came to Washington for medical treatment at Johns Hopkins Hospital in Baltimore, about 45 miles away.

    Because the obvious choice of hotel when you are getting medical treatment in Baltimore is in downtown DC?

    But wait! There’s more…

    The company, which runs the hotel, declined to answer questions about how much Kasnazan paid for his stay, or whether it had informed anyone at the White House about the sheikh’s long visit. The company said it donated the profits of his stay to the U.S. Treasury as part of a voluntary policy aimed at countering claims that the president is in violation of the emoluments clause. Critics argue that the policy is insufficient, saying that the Trump Organization does not explain how it calculates its foreign profits or identify its foreign customers.

    The Trump Organization did not say how much the profits were from Kasnazan’s stay and did not explain why in his case it applied the “foreign patronage” policy, which it has said is for business from foreign governments. He holds no government office, and his spokesman said he paid the bill himself.

    The White House and the National Security Council declined to comment about the visit. State Department officials said that they were not aware of any official meetings between their personnel and Kasnazan at that time, but that they could not say whether informal meetings were held.

    “There has never been a President that’s been more transparent than me or the Trump administration.”

  75. 75.

    RinaX

    June 6, 2019 at 12:37 pm

    @rikyrah:

    Things can change, as they did for Obama in 2008. But this jibes exactly with what I’ve heard from my friends and family. They want Trump gone, and none of the lines of attack against Biden have convinced them he won’t sign any progressive legislation that makes it to his desk. There is also a strong desire to have foreign leaders take us seriously again. He appears to be the best chance to get conservative-leaning Independents votes. It is not about being kumbayah, it is about getting through to those with a few brain cells in their head, even if they don’t see anything wrong with flying a Confederate flag on their truck.

    I don’t know if the calculation is correct, but it is what it is at this point. The only two candidates I personally have anything against are Bernie because the ho ain’t loyal, and Tulsi Gabbard because, well, everything.

  76. 76.

    jc

    June 6, 2019 at 12:40 pm

    Pelosi needs to do a much better job of making the case against Trump to the public. Nadler does a pretty good job of this, but if the Dem leadership is going to dot their ‘i’s and cross their ‘t’s, they also have to get out there every day and explain to the public why Trump so richly deserves to be impeached. Make accusations, make news, make a stink.

    FFS, playing to the court of public opinion is all Trump does every day: control the narrative and spin, lie and misdirect.

  77. 77.

    Brachiator

    June 6, 2019 at 12:40 pm

    @japa21:

    All this talk about hearings and how it was the hearings that got Nixon to the point where he needed to resign, forget a couple things

    Ultimately, it wasn’t about convincing the public to back Impeachment. A sufficient number of Republicans in Congress saw that Nixon had to go. Today, the GOP will probably back Trump no matter what.

    Democrats may want to proceed anyway.

    From a June 2018 Vox story

    Almost the same proportion of Americans want to impeach President Donald Trump as the percentage who favored impeaching Richard Nixon at the height of the Watergate scandal.

    The survey found that 42 percent of Americans today think Trump should be impeached, compared with the 43 percent who backed Nixon’s impeachment in March 1974. (When broken down by party, the support for impeachment is quite skewed, however. Seventy-seven percent of Democrats say Trump should be impeached, while just 9 percent of Republicans do.)…

    The current number is also notable because support for Nixon’s impeachment did not gain this kind of momentum until after some of the biggest revelations about Watergate — a degree of scandal that Trump has yet to face, CNN noted. Nixon ultimately resigned before an impeachment vote.

    Curiously, in 2018 you had much of the same whining over whether Trump voters might be energized, only here it was about the midterm elections.

    Democratic lawmakers have skirted the issue of impeachment, given special counsel Robert Mueller’s ongoing investigation and the polarizing nature of the issue. As Vox’s Matt Yglesias wrote, taking a stance on the issue of impeachment presents a midterm dilemma for Democrats — and even provides a potential lever that Republicans can use to motivate their base. Minority Leader Nancy Pelosi has said she sees impeachment as too “divisive” of a topic and intends to focus messaging on the economy. At the same time, some vocal Democratic activists like billionaire Tom Steyer have taken it upon themselves to push for impeachment being on the agenda.

    The Democrats need to do whatever they need to do to bring attention to Trump’s crimes.

    https://www.vox.com/2018/6/22/17492450/poll-trump-impeachment-nixon-watergate

  78. 78.

    Kay

    June 6, 2019 at 12:41 pm

    @Baud:

    They are up 9 on the generic ballot – congress. Maybe they’re “I’ll take that”. Purely political analysis. Do we hate them because they’re not principled or because they are bad at politics? Because it would be perfectly rational to stay the course. Maybe bad idea! But not crazy.

  79. 79.

    Baud

    June 6, 2019 at 12:42 pm

    @jc:

    Pelosi needs to do a much better job of making the case against Trump to the public. 

    Given that support for impeachment is increasing, I don’t see a reason to fault what she’s doing.

  80. 80.

    Fleeting Expletive

    June 6, 2019 at 12:44 pm

    Who i s paying Hope Hicks’ lawyer, Robert Trout, and how far will they be willing to finance the legal strategy of defying a Congressional subpoena?

  81. 81.

    Betty Cracker

    June 6, 2019 at 12:45 pm

    @Kay: I’m unsure a decision to not impeach Trump guarantees a return to the pre-Mueller report status quo. I think there’s a cost associated with inaction that must be calculated too. The House can hold hearings and investigate the copious corruption — that has to be done regardless. But not impeaching Trump means you’ve seen this flagrant crime and basically said “shruggies, politics.”

  82. 82.

    Baud

    June 6, 2019 at 12:46 pm

    @Kay:

    Your question assumed that it was impeachment made it more likely that we would lose. If that were my prediction, I wouldn’t impeach.

    That to me is a different question than whether we should impeach in the face of uncertainty about whether it will hurt us. That’s more of an “it depends.”

  83. 83.

    Major Major Major Major

    June 6, 2019 at 12:46 pm

    @Mandalay:

    “There has never been a President that’s been more transparent than me or the Trump administration.”

    There was a good-spirited argument at work this morning over whether transparency, used in this way, should actually mean “impossible to see or describe in a meaningful way.”

  84. 84.

    James E Powell

    June 6, 2019 at 12:46 pm

    @burnspbesq:

    Warren went to Rutgers. She was who she is before the Harvard teaching gig. I feel like it’s just one of those things she did because she could. It definitely isn’t who she is. Tribe, on the other hand, is all Harvard, all academic, and completely useless to a political process. I wish he would stay out of it.

  85. 85.

    Gravenstone

    June 6, 2019 at 12:47 pm

    @Fleeting Expletive: Last I saw reported, she’s actually complying with the subpoena as it relates to campaign related documents. Has something changed?

  86. 86.

    James E Powell

    June 6, 2019 at 12:50 pm

    @Kay:

    If impeachment meant it was more likely Democrats would lose, would you do it? Would that be worth it? I think that’s what you have to consider when introducing an unknown.

    In national elections during my lifetime, the party that was scared always lost. Do we believe Trump is corrupt and committed crimes in office? If yes, we have to impeach him for it or we cannot argue that we ought to be elected.

  87. 87.

    FelonyGovt

    June 6, 2019 at 12:53 pm

    @Kay: I think the constant grifting, and wholesale transfer of money to Trump’s hotels and other properties, and the resulting influences on US foreign policy, are grossly underreported. I think public, televised hearings on that subject (if not on others) might penetrate the brains of the majority of people who don’t follow politics.

    Of course, that assumes that the hearings ARE televised… don’t know if we can assume that in this day and age.

  88. 88.

    Cacti

    June 6, 2019 at 12:53 pm

    Professor Tribe also thought there was no way that SCOTUS could side with Dubya in the Bush v. Gore election theft.

  89. 89.

    trollhattan

    June 6, 2019 at 12:54 pm

    @Litlebritdifrnt:
    After 2+ years it still boggles my mind that he sees the entirety of his presidential role through the lens of a B-list reality show “star.”

  90. 90.

    Kay

    June 6, 2019 at 12:54 pm

    Elizabeth Warren
    Verified account
    @ewarren
    45m45 minutes ago
    More
    My campaign has submitted their support to join @IBEW 2320. Every worker who wants to join a union, bargain collectively, & make their voice heard should have a chance to do so. The labor movement has long fought for the dignity of working people, & we’re proud to be part of it.

    International Brotherhood of Electrical Workers. Around here they are the Lefty construction trades union. My son is a member and he’s a Bernista. We’re having a friendly competition, Warren v Bernie. I think I’m winning but he hardly talks at all so that may be just my yammering at him until he’s exhausted :)

  91. 91.

    rikyrah

    June 6, 2019 at 12:56 pm

    @Kay:

    I love that. They can’t just let what Trump did stand. He ran on “the swamp”. He IS the swamp. The absolute cynicism of that can’t be ignored. It’s pure sleaze. It’s everywhere, too. From his low quality hires to his gross deadbeat “children” who can’t pass up a free trip on the public dime. They’re shameless.

    She can do this and blunt Biden’s ‘ but, Trump is an anomaly, by pointing out the level of corruption, up and down with the GOP, bring up Turtle and his wife and those articles about them from this week.

  92. 92.

    Plato

    June 6, 2019 at 12:56 pm

    @Kay:

    Or…

    Just maybe, we should consider the possibility that Senate Republicans refusing to remove a president impeached for a convincing case of "high crimes and misdemeanors" would reflect more poorly on the GOP than on the Democrats.— julianzelizer (@julianzelizer) June 6, 2019

  93. 93.

    Baud

    June 6, 2019 at 12:56 pm

    @Kay:

    Why is the Warren campaign staffed with electricians?

  94. 94.

    Mandalay

    June 6, 2019 at 12:57 pm

    @Betty Cracker:

    …they think he has the best chance to beat Trump

    For weeks the media has been shamelessly pushing quotes from anonymous White House sources insisting that Trump is scared shitless of running against Biden, while treating Biden with kid gloves.

    I guess it’s possible that Trump really is scared of Biden, but I find it far more likely that he believes he can easily beat “creepy Joe”, who has repeatedly shown himself to be a mediocre and gaffe prone campaigner, and actually wants to run against him.

    So the Administration deliberately feeds total bullshit to our gullible media, which obediently regurgitates it for their clueless readers.

  95. 95.

    Cacti

    June 6, 2019 at 1:01 pm

    @Mandalay:

    Our only hope is the guy who honeymooned in the Soviet Union, and called Venezuela a model for Latin America. ;-) ;-)

  96. 96.

    Another Scott

    June 6, 2019 at 1:01 pm

    @Mandalay: No link, but there recently was a brief story about Biden’s $1.mumble Trillion climate change proposal. The usual suspects were screaming “Plagiarism” before the ink was even dry. You know that there’s a warehouse full of banker’s boxes out there of Uncle Joe’s “gaffes” that the GOP, and the press, can’t wait to use. They paid good money for it, after all…

    “We must feed the narrative!!11”

    Cheers,
    Scott.

  97. 97.

    Omnes Omnibus

    June 6, 2019 at 1:03 pm

    @James E Powell: Do you really think that Warren is perceived as a successful Rutgers Law grad and not a former Harvard Law professor?

  98. 98.

    lumpkin

    June 6, 2019 at 1:04 pm

    To put it bluntly but as politely as possible: The Democrats are too timid to do this.

  99. 99.

    trollhattan

    June 6, 2019 at 1:05 pm

    @Kay:
    Good times. ;-)

    Has she, or anybody, tackled a federal response to right-to-work states, which have virtually neutered unionization?

  100. 100.

    rikyrah

    June 6, 2019 at 1:06 pm

    @Betty Cracker:

    @rikyrah: So far, I’ve asked three Democrats I know IRL who are supporting Biden WHY they’re supporting Biden. Every single one supports him not because they think he’s the best qualified in the field or because he inspires them or they think he’d be a much better president than any of the others but because they think he has the best chance to beat Trump. They’re scared shitless of a Trump win, and I don’t blame them. I just disagree with their risk assessment.

    I read a comment the other day at another blog, and can’t find it anymore. But, to this person, they believe that progressives aren’t looking deep enough to why Southern Black voters are going for Biden. They have no illusions as to where they live, nor with the people that they live with….which is why they look to the FEDERAL GOVERNMENT for protection against the state governments, which are nothing but hostile to them. Remember, these state governments were no less hostile to them during 44’s Administration, but, they had a FEDERAL APPARATUS which they believed, provided a layer of protection for them. They see what NOT having that – in Dolt45….and, they want it back. They don’t need to be ‘ inspired’. They just want some sort of barrier of protection.

    I hadn’t thought of it that way, but, it makes a lot of sense.

  101. 101.

    Cacti

    June 6, 2019 at 1:07 pm

    I often find that whatever the kneejerk position of the BJ front page is on any issue du jour, the opposite is usually true.

  102. 102.

    Betty Cracker

    June 6, 2019 at 1:10 pm

    @Another Scott: I’m hoping Biden flames out early, as he has in past runs. It’ll be harder to wash out this time since he upgraded his career beyond anything he could have personally accomplished by serving as PBO’s wingman. But the self-own on the Hyde Amendment, the cringey jokes, etc., tell me he’s probably up to the task.

  103. 103.

    Kay

    June 6, 2019 at 1:12 pm

    @trollhattan:

    No, but that’s a good question. Campaign people work hard and God knows the candidates raise enough to pay them decently. They should organize.

  104. 104.

    Ruckus

    June 6, 2019 at 1:16 pm

    This is what I have been wanting all along, as the senate is bought and paid for and until that is blatantly clear to most everyone, including the senate, impeachment goes nowhere. The senate will not do the right thing until it’s obvious that not doing the right thing is far worse for them. And they may not do it then.
    Tribe just says it better.

  105. 105.

    rikyrah

    June 6, 2019 at 1:17 pm

    They can start with his impeachment ??

    Barr: “It’s Not a Crime” for Trump to Demand Staffers Lie to Investigators https://t.co/m2ZFObqhvx

    — Muckmaker™ (@RealMuckmaker) June 5, 2019

  106. 106.

    TenguPhule

    June 6, 2019 at 1:17 pm

    @bbleh:

    but for right now, the House is winning about as hard and fast as possible in the courts

    That’s already starting to change.

    Trump appointees are already ruling IOKIYAR.

  107. 107.

    Plato

    June 6, 2019 at 1:18 pm

    Yet another potential pitfall.

    Rep. Jamie Raskin said the Judiciary Committee is starting to think that, without an impeachment inquiry, Dems could lose some fights to compel the W.H. to cooperate."It is necessary to avoid a series of legal minefields in conservative courtrooms." https://t.co/jHEgUMlSlH— Kyle Griffin (@kylegriffin1) June 6, 2019

  108. 108.

    TenguPhule

    June 6, 2019 at 1:18 pm

    @Kay:

    I don’t care what they do but they have to do something. The level of corruption is unsustainable.

    Come sit by me.

  109. 109.

    rikyrah

    June 6, 2019 at 1:19 pm

    Trump’s approval rating is currently more than a dozen points (12!) underwater in Wisconsin, Michigan, and Iowa — all states he won in 2016 https://t.co/IZBIjOk09E

    — Aaron Rupar (@atrupar) June 5, 2019

  110. 110.

    Kay

    June 6, 2019 at 1:20 pm

    @Baud:

    Why is the Warren campaign staffed with electricians?

    LOL

    The “high voltage” electricians make fun of the “data” people because the data people are smarter and yet they make less. I assume it’s because they came in later, when we decided we had to pay everyone lower wages to fund obscene CEO bonuses.
    This is amusing to them. “Okay, brainiac, now who is boss?”
    There may be a culture clash when Warren’s policy nerds come in :)

  111. 111.

    Major Major Major Major

    June 6, 2019 at 1:21 pm

    @Cacti:

    whatever the kneejerk position of the BJ front page is on any issue du jour, the opposite is usually true.

    Don’t impeach trump
    Hooray for straight pride parades
    Let’s invade Iran
    Ducks are ugly
    There is no threat to election security
    Joe Biden is a young progressive hero
    Campaign donations are futile

  112. 112.

    Cacti

    June 6, 2019 at 1:24 pm

    @Major Major Major Major:

    Dronez are teh worst thing evar!
    Abandon the ACA becuz no public option!
    Bernie will be good for the 2016 race and will pull Hillary to the left!
    Julian Assange is a hero!
    Edward Snowden is a hero!
    Glenn Greenwald is a true progressive!

    Shall we continue?

  113. 113.

    Ruckus

    June 6, 2019 at 1:24 pm

    @NotMax:
    Facts not in evidence.
    You haven’t established that there is a brain for blood to flow to.

  114. 114.

    Another Scott

    June 6, 2019 at 1:25 pm

    @Betty Cracker: +1.

    Just about every story about Biden – as a candidate – since he’s announced has been bad.

    TheCut:

    Each of the women senators seeking the 2020 Democratic presidential nomination — Elizabeth Warren, Kamala Harris, Kirsten Gillibrand, and Amy Klobuchar — have co-sponsored legislation to overturn the Hyde Amendment, an unpopular, highly restrictive, four-decades-old ban on using federal funds for abortion services. But on Wednesday, Joe Biden’s campaign came out in support of keeping the ban in place — just one day after the 76-year-old former vice-president pledged to protect reproductive rights.

    […]

    Biden has long been in favor of the Hyde Amendment. While serving as a senator for Delaware in the ’70s and ’80s, Biden voted consistently to keep it in place, and even fought efforts to add the rape and incest exceptions to the legislation.

    Just last week, as NBC News reports, Biden seemed to have changed course. In a video shared on Twitter by the ACLU, he said he was in favor of abolishing Hyde, affirming, “It can’t stay.” Days later, though, his campaign walked that back, telling HuffPost that the candidate had “misheard” the question, and that his position on the policy “has not at this point … changed.” Biden’s campaign did say he’d be open to repealing Hyde if recent efforts to restrict abortion access in the country succeed.

    He, and his campaign, are trying to have it both ways. It won’t work – not now. If his campaign can’t keep him on message on something as obvious as the Hyde Amendment, then they need to find another line of work.

    Why didn’t he go to the CADems convention? Afraid he’d say something controversial again?

    tl;dr – He shouldn’t be running, he should be retired and acting as a “wise-man/surrogate”. As it is, he’s sucking valuable oxygen out of the room…

    Cheers,
    Scott.

  115. 115.

    Another Scott

    June 6, 2019 at 1:25 pm

    @Another Scott: Moderation? Really??!!

    Help?

    Cheers,
    Scott.

  116. 116.

    Major Major Major Major

    June 6, 2019 at 1:25 pm

    @Cacti: you’re largely just listing things Cole says, and he doesn’t even read this blog. And perhaps my memory is faulty but I thought we were “pass the damn bill” central in 2010.

  117. 117.

    rikyrah

    June 6, 2019 at 1:27 pm

    ???
    Who’s Paying For Trump Jr., Eric, Lara and Tiffany Trump’s U.K. State Dinner Trip? https://t.co/Ov2ruao7x9

    — Joy Reid (@JoyAnnReid) June 6, 2019

  118. 118.

    TenguPhule

    June 6, 2019 at 1:27 pm

    @Kay: Roberts court has already ruled that Unions must coddle free riders because “Fuck you, Unions.”

  119. 119.

    Kay

    June 6, 2019 at 1:27 pm

    @rikyrah:

    That makes me smile. They’ll come out of the woodwork, though. His supporters are rabid.
    Ours are perpetually disgruntled. We can’t even get them to vote the whole ballot. They “drop off”, which I always picture as despair and exhaustion- literally dropping to the floor :)
    “That’s IT. That’s all I can do”

  120. 120.

    TenguPhule

    June 6, 2019 at 1:27 pm

    @Baud:

    Why is the Warren campaign staffed with electricians?

    To keep her well grounded.

  121. 121.

    Betty Cracker

    June 6, 2019 at 1:31 pm

    @Major Major Major Major: The food here SUCKS! And the portions are SO SMALL! ?

  122. 122.

    Cacti

    June 6, 2019 at 1:32 pm

    @Major Major Major Major:

    And perhaps my memory is faulty

    Selective amnesia is a common malady for you cool kids club members. ;-)

  123. 123.

    Kay

    June 6, 2019 at 1:33 pm

    @TenguPhule:

    I think it’s in flux, though. I don’t think it was the death knell that Roberts intended. This is a resilient idea, organizing and collective bargaining. No one has ever come up with anything to replace it. There aren’t endless ways to do everything. This is an old idea! People keep insisting on doing it. There’s state power- regulation- and then private org power- unions. There aren’t 15 other choices. West Virginia teachers were interesting. They weren’t allowed to strike. But that’s the collective action. Does someone have a better idea? Call it whatever you want, they said, and then went on strike.

  124. 124.

    TenguPhule

    June 6, 2019 at 1:33 pm

    @Major Major Major Major:

    And perhaps my memory is faulty

    Perhaps you could ask the Warren campaign to help with that. //

  125. 125.

    TenguPhule

    June 6, 2019 at 1:37 pm

    @Kay:

    I don’t think it was the death knell that Roberts intended. This is a resilient idea, organizing and collective bargaining.

    Problem is that Unions need money too. What Roberts did was to cut them and wait for them to bleed out. Those assholes who refuse to pay dues but insist on receiving all the benefits of Union representation are parasites and enough parasites feeding on a host will inevitably weaken it.

    And employers can use that against the Unions. Appealing to people’s selfishness tends to be sadly too successful.

  126. 126.

    Kay

    June 6, 2019 at 1:37 pm

    @TenguPhule:

    I actually think Fight for Fifteen was genius. Because no one had done that before. No one had said “we’re not in a union but we’re going to act like we are”. That opened up a world of possibilities, like “that’s a wildcat strike!” in West Virginia. They say “okay whatever, counselor,- see ya!” The acting is the thing.

  127. 127.

    TenguPhule

    June 6, 2019 at 1:40 pm

    @Kay:

    I actually think Fight for Fifteen was genius. Because no one had done that before.

    Actually its older then you think. Of course, back then it was common for employers to use violence to intimidate and crack down on that sort of behavior.

    The bad news is that it only works the first couple of times. Eventually the employers start to fight back and there is a large resource difference between them and individual workers.

  128. 128.

    Mandalay

    June 6, 2019 at 1:41 pm

    @TenguPhule:

    …because “Fuck you, Unions.”

    I live in a so called “right to work” state (Florida) and for several years I worked for a Fortune 500 company. Every employee was required to watch a 15 minute video every year, which savaged unions and explained why any employee who was invited to join a union should reply by saying “Fuck off and die in agony you maggot!”. (Perhaps not the exact words but that was definitely the sentiment.)

    The company itself was no better or worse than your average Fortune 500 company, and they did all the usual moves to give themselves a veneer of respectability: token black faces in anything promoting the company, hurricane help, donating to charities, supporting the local community, etc. But when it came to unions the gloves came off and their dark (true) side came out. They hated the very concept of unions with an irrational zeal.

  129. 129.

    Jim, Foolish Literalist

    June 6, 2019 at 1:42 pm

    Jesus

    Josh Campbell @ joshscampbell
    Speaking to Fox News from the American cemetery at Normandy, the President calls special counsel Robert Mueller a “fool” and the Speaker of the House a “disaster.”

    this was the Laura Ingram interview he held up the whole ceremony for. But he managed to read his whole speech from a teleprompter

  130. 130.

    chopper

    June 6, 2019 at 1:43 pm

    @Major Major Major Major:

    also, this place was in no way bernie central. at all.

  131. 131.

    TenguPhule

    June 6, 2019 at 1:49 pm

    @Jim, Foolish Literalist:

    calls special counsel Robert Mueller a “fool” and the Speaker of the House a “disaster.”

    Trump needs to be considered an open target for attack while overseas by Democrats.

    The old norms no longer apply. I hope the party realizes this before its too late.

  132. 132.

    TenguPhule

    June 6, 2019 at 1:51 pm

    @Mandalay:

    The company itself was no better or worse than your average Fortune 500 company, and they did all the usual moves to give themselves a veneer of respectability: token black faces in anything promoting the company, hurricane help, donating to charities, supporting the local community, etc.

    I assume this means they fucked with your vacation, medical, work hours and retirement planning. And considered everyone human resources instead of employed human beings.

  133. 133.

    Major Major Major Major

    June 6, 2019 at 1:52 pm

    @chopper: haters, as they say, gonna hate.

  134. 134.

    rikyrah

    June 6, 2019 at 1:52 pm

    5 GOP senators running in states where Trump is underwater in approval in Morning Consult polls:
    Cory Gardner
    Joni Ernst
    Susan Collins
    Martha McSally
    Thom Tillis
    1 Dem in state where Trump has positive net approval:
    Doug Jones

    Ds need +4 (or 3+VP) to take Senate control.

    — Steven Dennis (@StevenTDennis) June 5, 2019

  135. 135.

    Emerald

    June 6, 2019 at 1:52 pm

    @Brachiator: Actually I think Lichthman did not get the 2016 election correct. His calculations are based on the popular vote, which Twitler lost by a lot.

  136. 136.

    James E Powell

    June 6, 2019 at 1:54 pm

    @Omnes Omnibus:

    I wasn’t talking about how she is perceived. She is and has been so much more than a Harvard law professor. And most of that was before she worked there.

  137. 137.

    Cacti

    June 6, 2019 at 1:55 pm

    @Jim, Foolish Literalist:

    The RNC chair told us only days ago that D-Day is a day when we should be honoring Trump.

    Even lifelong R corruption apologist George Will has finally broken down and acknowledged that his party has degenerated into a cult.

  138. 138.

    TenguPhule

    June 6, 2019 at 2:05 pm

    Department of Homeland Security officials alleged at a lunch with Senators this week that migrants are “renting babies” to get across the US border.

    Senator Chuck Grassley said DHS officials made the claim Wednesday, Politico reported.

    “I can’t believe that this actually happened, that the people down there in Central America or Mexico are renting babies to get across the border and then sending the babies back and renting them again to come back across the border,” Grassley said.

    Trump has corrupted the DHS from the top all the way down. its 1984 in 2019.

  139. 139.

    TenguPhule

    June 6, 2019 at 2:09 pm

    Trump also called his threatened tariffs against Mexico a “beautiful thing.”

    “When you’re the piggy bank that everybody steals from and robs from, they deceive you like they’ve been doing from 25 years, tariffs are a beautiful thing, it’s a beautiful word if you know how to use them properly,” he told Fox.

    His dementia is getting worse.

  140. 140.

    rikyrah

    June 6, 2019 at 2:26 pm

    @TenguPhule:

    Department of Homeland Security officials alleged at a lunch with Senators this week that migrants are “renting babies” to get across the US border.

    Senator Chuck Grassley said DHS officials made the claim Wednesday, Politico reported.

    “I can’t believe that this actually happened, that the people down there in Central America or Mexico are renting babies to get across the border and then sending the babies back and renting them again to come back across the border,” Grassley said.

    so, if they are ‘ rented babies’, then it doesn’t matter if we keep up with them…

    see….this lie to cover their deliberate ‘losing’ of these children.

  141. 141.

    Matt

    June 6, 2019 at 2:40 pm

    Solve the McConnell problem the straightforward way: impeach his ass simultaneously. I have 100% confidence he knew exactly where the NRA was getting all that dark money, and he and his wife have been going for the gusto with graft this whole time. A criminal shouldn’t get to run his co-conspirator’s trial.

  142. 142.

    janesays

    June 6, 2019 at 2:45 pm

    The point would not be to take old-school House impeachment leading to possible Senate removal off the table at the outset. Instead, the idea would be to build into the very design of this particular inquiry an offramp that would make bypassing the Senate an option while also nourishing the hope that a public fully educated about what this president did would make even a Senate beholden to this president and manifestly lacking in political courage willing to bite the bullet and remove him.

    The only scenario in which McTurtle would allow Trump to be convicted in a Senate impeachment trial is if he calculates that the cost of not removing him would far exceed the cost of keeping him in office – specifically, he must be convinced that not only is the White House a lost cause in 2020, but that he’s going to lose 5 or more senate seats and his majority in the process if he doesn’t allow for conviction. The senatortoise has no genuine loyalty to this president, he views him as a means to an end. The guy who will give him the judges he tells him to appoint and signs the laws he tells him to sign. If Cocaine Mitch knows that he’s not only going to lose that guy but also his ability to thwart the Democrats because of his loyalty to the president, he’ll abandon him.

  143. 143.

    Mel

    June 6, 2019 at 2:58 pm

    @MattF: Agreed. We would need to have honest, impartial media that would “translate” it and / or nutshell it for the people who either won’t watch it because it’s too “boring” or because they feel it would be too complex and full of legalese to follow, or who are working hours that don’t allow them time to watch it or read full transcripts. And we know how likely full, impartial coverage is…

    We seem also have a lack of Dems who are ready and willing to break down the complexities of what’s going on into palatable, catchy sound bytes. I hate like hell to think that’s necessary to communicate with voters, but 2016 and Faux News have clearly demonstrated that, sadly, a lot of people in this country form the entirety of their opinions based upon catch phrases and emotive media clips. So maybe it’s high time that we hit back consistently and repeatedly with some of the same techniques, since being reasoned and reasonable seems to get lost in the greater wall of sound byte noise being generated by Repubs.

    Ted Lieu stands out as one of the Reps who calls it like it is, and can communicate the gist of things in Twitter sized statements. The problem is that he and others who are calling it like it is are not getting front and center media exposure. How many average voters are going to actively seek out Ted Lieu’s Twitter feed, unless they first see and hear him on the good old tv news,

    Sen. Tammy Duckworth is another person who isn’t afraid to state the truth and clearly call out the BS that’s taking place. But the general media only gives her a blip of time when her comments are related to something military. Her expertise in military issues and her dedication to fighting for service people are a good part of what she speaks about and works for on a daily basis, but why aren’t we making sure that she gets airtime and exposure for all the other issues she fights for, and all the times she calls BS on both siderism, as well?

    Of course, we have AOC who is a Twitter Queen and uses social media brilliantly. But we need more of our Reps and Senators out there, highly visible, being given time and opportunity to take the fight to the venue that seems to count most with undecided voters or less engaged individuals, and that, sadly, is tv “news”. So, why aren’t voters regularly seeing Sharice Davids, Maxine Waters, Ben Lujan, Sherrod Brown, etc., so that people hear their words, see and remember their faces, and get their messages?

    How do we get there? I don’t know. Maybe the communication problem is partly a technique or policy issue (again with the calm, non-confrontational, and reasonable approach, which we’d like to work but which isn’t working); maybe it’s an issue of news outlets just not allowing equal time and / or not soliciting or not airing full commentary from Dems that come out swinging.

    Whatever the barrier is, we need to get vocal, loud, and extremely visible to EVERYONE assp, and keep on being so. If Tribe’s suggestion helps even a little with that, I’m good with it.

  144. 144.

    rikyrah

    June 6, 2019 at 3:00 pm

    Trump’s Approval Rating Drops in Some Red States

    Within the big three that put Trump over the top in the electoral college in 2016, his approval hasn’t changed much in Pennsylvania, where it went from -5 to -7. In Michigan, it went from -8 to -12 and in Wisconsin it remained steady at -13. In other words, things don’t look good for Trump in any of them.

    In a few states where Trump won with larger margins, the drop over the last year has been more precipitous:

    North Carolina went from +3 to -4.
    Georgia went from +5 to +1.
    Texas went from +10 to +3.
    Arizona went from 0 to -6.

    But here are the real shockers:

    Alaska, which Trump won by over 12 points, went from +10 to 0.
    Kansas, which Trump won by over 20 points, went from +6 to +1.
    Iowa, which Trump won by over 9 points, went from -4 to -12

  145. 145.

    rikyrah

    June 6, 2019 at 3:08 pm

    Anyone else interested in that movie where the guy wakes up from an accident and nobody has heard of The Beatles?
    It’s called Yesterday.

    Jack Malik is a struggling singer-songwriter in an English seaside town whose dreams of fame are rapidly fading, despite the fierce devotion and support of his childhood best friend, Ellie. After a freak bus accident during a mysterious global blackout, Jack wakes up to discover that The Beatles have never existed. Performing songs by the greatest band in history to a world that has never heard them, Jack becomes on overnight sensation with a little help from his agent.

  146. 146.

    James E Powell

    June 6, 2019 at 3:14 pm

    @rikyrah:

    The size of his margins was increased across the board by hatred of Hillary Clinton. Some of that was the bizarre concoction of conspiracy theories and twisted, inconsistent beliefs about her personally, but most of it was plain old misogyny. Has anything reduced the plain old misogyny since 2016? I think that, more than anything, is creating the glut of boring white guys who think that being white male Democrat is enough to beat Trump in 2020.

    I’d bet all his +/- margins will improve for him once he is running against any Democrat. Republicans’ hatred of us is more powerful than their love of their own.

  147. 147.

    Dan B

    June 6, 2019 at 3:16 pm

    @Betty Cracker: Harry Reid’s former staffer said the lesson should be drawn from Merrick Garland. Dems coukd have used stronger measures to force Mcconnell’s hand but didn’t. They assumed Hillary would win and appoint Garland. Politics first rule is use the power you have when you have it. If you don’t you have surrendered that power.

    What’s not being discussed by Pelosi is what happens uf Trump wins in 2020. It looks to be a very corrupt election. Which would be followed by a surge of corruption and purges. Suppression of the media and kangaroo courts.

    So a Panel to coordinate inquiries would be great. Especially as a minority with a target on my back. If Trump / Pence / Pompeo / Miller etc have their way unobstructed for two years and a couole years of trials after 2020, or dog forbid 2024, it feels urgent. For refugee kids who are being denied medicine and bkack and trans who are being ginned down it’s already too late.

  148. 148.

    janesays

    June 6, 2019 at 3:17 pm

    @Matt: That will never happen, if for no other reason because Pelosi would never allow the House to launch an impeachment inquiry against one of her own congressional colleagues in the senate. I don’t believe any member of Congress has ever been impeached in our entire 243 year history. As far as I know, the only way to remove a member of Congress is for the chamber of Congress to which the member belongs to vote to expel the member themselves.

  149. 149.

    Dan B

    June 6, 2019 at 3:21 pm

    @schrodingers_cat: Yes! Go Kamala!! Imagine if T steals election 2020. Will all brown, black, and Muslim Green Card holders be subject to extra “interviews”? Will Federalist judges skirt any oretense of the rule of law?

  150. 150.

    Betty Cracker

    June 6, 2019 at 3:41 pm

    @Dan B: I heard something about Reid’s former staffer’s comments (Jentleson, I think?). Will have to take a look at that. I’m not sure what stronger measures they could have used, but if there were options left on the table, yeah, what he said. That was theft of a seat, plain and simple.

  151. 151.

    Philbert

    June 6, 2019 at 4:08 pm

    @James E Powell: yup. Also disapproval of Trump is different from actually voting for the Dem, similar to support for Generic Democrat vs any actual Democrat. Dammitall. I think we need an extra 5%, plus gerrymandering. We need a strong win to win. Bribery and cash corruption is easily understood, much more so than the labrinth of Trump-Russia. Bring on the hearings!

  152. 152.

    AM in NC

    June 6, 2019 at 4:09 pm

    @Kay: When I was a grad student at the University of Iowa we organized and won the right to unionize. UBEW was the union who would have us.

  153. 153.

    ?BillinGlendaleCA

    June 6, 2019 at 4:50 pm

    @janesays: A Senator was impeached by the House in the 1790’s. As the piece on the Senate’s website notes, he was expelled by his colleagues and the Senate did not convict(he was already gone).

  154. 154.

    rikyrah

    June 6, 2019 at 4:56 pm

    Finally watching Maddow from last night.
    So, because the Irish Government wouldn’t meet Dolt45 at his phucking Golf Club…
    They forced the meeting at some room AT THE PHUCKING AIRPORT?
    Even after being offered a CASTLE, where other Presidents have attended meetings.
    THE.GODDAMNED.AIRPORT?
    ARE.YOU.SERIOUS???

  155. 155.

    UncleEbeneezer

    June 6, 2019 at 5:48 pm

    @Brachiator: Would love to see that happen, but not holding my breath…

  156. 156.

    J R in WV

    June 6, 2019 at 6:10 pm

    @Kay:

    There’s state power- regulation- and then private org power- unions. There aren’t 15 other choices. West Virginia teachers were interesting. They weren’t allowed to strike.

    Pretty sure our Republican-controlled legislature just did pass a mew edumacation bill, which pours money into “Charter Schools” AND makes it yet more illegal for teachers to go on strike.

    Now, I thought it was already illegal for teachers to go on strike. But what’s a poor school board to do?

    There’s already a shortage of teachers, unless they decide to hire minders for the classrooms, and have one teacher for each grade at the Board officer, broadcast into each classroom, one teacher for first grade, one for second grade, etc. Think parents would go ballistic that very day!

  157. 157.

    J R in WV

    June 6, 2019 at 6:23 pm

    @Matt:

    Solve the McConnell problem the straightforward way: impeach his ass simultaneously.

    Can’t be done… I’m pretty sure the Senate decides who sits in the Senate, and same for the House. So as long as a bare majority of Senators approve of Senator McConnell, R-Russia, he’s good to keep on running America down. Could be wrong, not gonna look it up, but that’s how they keep corruption out, the body seats it’s members. Hahah.

  158. 158.

    sgrAstar

    June 6, 2019 at 9:27 pm

    @Major Major Major Major: don’t forget:
    Great Danes are loozers and not at all cute or lovable
    Cat Rescue Sucks
    ActBlue donations are pointless

  159. 159.

    Another Scott

    June 6, 2019 at 10:35 pm

    @Another Scott: RawStory – Biden caves after massive backlash:

    After a massive backlash from pro-choice advocates, former Vice President Joe Biden announced Thursday that he would no longer support the Hyde Amendment, CNN reports.

    “If I believe health care is a right, as I do, I can no longer support an amendment that makes that right dependent on someone’s zip code,” Biden said.

    Biden had been highly criticized by progressives and his fellow 2020 hopefuls for his support of the Hyde Amendment.

    As BooMan noted at WaMo, even if he eventually ended up at the right place, Biden showed that he’s not a reliable ally and has greatly weakened his chances of getting the nomination.

    And there hasn’t been a single debate yet…

    Cheers,
    Scott.

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