It seems that the Andrew Johnson trial is finally back in vogue. It just shows that, like ties, if you wait long enough everything comes back into style.
I have written about my disagreement with Harvard Professor Alan Dershowitz‘s reliance on the trial of Andrew Johnson for support of his theory that impeachable offenses must involve criminal acts. Now, I have to raise similar objections to the other side in its reliance on the trial, specifically the comments of House manager and House Judiciary Committee Chairman Jerrold Nadler.
We have previously discussed the denials of former Vice President Joe Biden that his son did anything wrong in Ukraine. As I have written, not only did Hunter Biden clearly enter into a corrupt (but arguably lawful) contract but Joe Biden did not do enough to confirm that his son was not engaging in influence peddling. Nevertheless, this week, Joe Biden continued this indefensible position and declared bizarrely that “no one has suggested my son did anything wrong.”
We have been following the case of Hunter Biden in Arkansas as he continues to resist efforts to confirm his wealth and establish child support for his child with Lunden Alexis Roberts. Her lawyers have been trying unsuccessfully to get access to financial records and other information and now Independence County Circuit Court Judge Holly Meyer has ordered him to appear on January 29th to “show cause, if any exists, as to why he should not be held in contempt for any of the alleged violations of this Court’s orders.”
As I discussed yesterday in the Washington Post, the White House defense in the Senate impeachment trial is built again the dubious constitutional argument that a president cannot be impeached without an alleged criminal case. That argument will be presented by Harvard Law Professor Alan Dershowitz but it is based, in my view, on a flawed reading of both impeachment and specifically the trial if Andrew Johnson. It was a mistake that will make it more difficult for Republican senators to sign on to a defense tied so closely to an untenable constitutional argument. Today, more Republican senators, including Sen. Lindsay Graham, came forward to say that they categorically reject the interpretation. Even more concerning was the response of President Donald Trump when asked if abuse of power can be an impeachable offense. He responded that “it depends.” That is actually the correct answer but it is not the position being taken by the White House on the Senate floor.
Near midnight, the House managers and White House legal team erupted into name calling and recriminations. The confrontation led to Chief Justice John Roberts to admonish both sides and remind them that this is supposed to be the “world’s most deliberative body” and that “those addressing the Senate should remember where they are.” He also repeated a ruling from the 1905 trial of Judge Charles Swayne that there should be no accusations of “pettifogging.” With those words, the pettifog (bickering over trifles and petty disputes) dissipated from the chambers.
A new Gallup poll shows just how deeply and irreconcilably divided we remain over President Donald Trump. Some 89 percent of Republicans approve of Trump. That is not just reaching the record levels of Dwight D. Eisenhower, but outpaces Jesus Christ who polls only a 68 percent share and he has two holidays. However, among Democrats, the rate falls to 7% percent — a difference of 82 percent.
It might be easier for the New York Times to simply say who it is not endorsing. I have long been a critic of media endorsements which I view as self-obsessed as well as inimical to journalistic values of neutrality. For decades I have argued that media should end endorsements of political candidates. The Times however seems to be literally doubling down with its much ridiculed endorsement of both Minnesota Sen. Amy Klobuchar and Massachusetts Sen. Elizabeth Warren. I can certainly understand endorsing either candidate given their achievements and leadership but endorsing both is rather bizarre since they present sharply different policies and approaches. While the editorial board wrote that in choosing these two candidates was “radical” but “realist,” many of us view it as just ridiculous.
One of the most curious things to watch after the 2016 election was the unrelenting reclamation project called Hillary Clinton. It seems the unending work of powerful figures in the Washington and Hollywood establishment. The project now has a name: “Hillary.” It is the latest documentary on Hulu that seeks to show how Hillary was a victim of sexism but remains the oracle of our age. The work was the brainchild of producer Howard T. Owens and Washington power broker Robert Barnett who represents Clinton. Barnett offered undisclosed footage as an enticement for another effort to repackage Clinton’s historic loss to Trump. The film by Nanette Burstein apparently will be largely devoid of critical voices, except Hillary’s of course. Lashing out at her critics, she takes particular aim at Bernie Sanders who she seems to blame for ruining her coronation but making the 2016 Democratic primary competitive. In an ironic projection, she declares that “no one likes Bernie” — a curious view since it took the help of the DNC to rig the primary against his surging support in 2016. Clinton also pointedly declined to promise that she would support Sanders if he won the primary. Update: Clinton received overwhelming criticism and later backtracked to say she would support the nominee while adding “I thought everyone wanted my authentic, unvarnished views!” It was a reminder to many why Clinton remains an unpopular figure with many voters. Update: Clinton received overwhelming criticism and later backtracked to say she would support the nominee while adding “I thought everyone wanted my authentic, unvarnished views!” It was a reminder to many why Clinton remains an unpopular figure with many voters.
Below is my column on history — and some dubious historical claims — related to Senate impeachment trials. As with the conflicting position on witnesses of some senators, the growing narrative in the media that Republicans senators have departed from the tradition of the Senate in commenting on trial has more hypocrisy than history behind it. I have repeatedly encouraged senators not to discuss the evidence or their likely votes, but that is a rule honored historically in the breach by members of this curious trial jury.
I have been writing on the obvious relevance of Hunter Biden as a defense witness and the equally obvious hypocrisy of some Democrats in demanding their own witnesses while refusing to consider key White House witnesses. Now. House Judiciary Chairman Rep. Jerry Nadler, D-N.Y., has suggested that, if a trade is needed to secure House witnesses, the managers will not agree to any witnesses if Hunter Biden is part of the deal. If true, is the House prepared to give up on proving its case to protect the Bidens from the ignoble moment of answering questions about the Ukraine contract? That is a considerable price to pay to protect Joe Biden. It is also another reason why the decision to rush the impeachment vote was such a historic blunder by Speaker Nancy Pelosi. If they had waited a couple months as I called for in my testimony, they could have called these witnesses and not handed over control to the Senate. Instead, they impeached by Christmas and then waited a month. Continue reading “Nadler: Hunter Biden Must Not Be Called”→
Rep. Jason Crow, D-Colo., will be one of the seven Democratic impeachment managers prosecuting President Trump this week in his Senate trial. However, he seems a tad unclear on what the trial is about or at least what the defendant is facing as the allegations of impeachable conduct. Crow declared on CNN’s State of the Union that Trump was really guilty of bribery. The problem is that bribery was rejected as an article of impeachment. Not only is it grossly unfair to go to trial while alluding to uncharged conduct, it is especially bizarre when the Supreme Court seems prepared to reaffirm the very case law that I cited earlier in rejecting such expansive interpretations.
Below is my column in the Washington Post on the real possibility that the Supreme Court could be pulled into the Senate impeachment trial if witnesses are allowed. If you hated Bush v. Gore, this could be one sequel that you will not want to see. Certainly few on the Court are eager to play a role in the possible removal of an American president.
Some of us have been highly critical of the trend in media toward “echo-journalism” where cable networks tailor their coverage to reinforce and repeat the expectations of their viewers. Few hosts are willing to admit to the formula coverage, though there have been telling moments. None have been open than Lawrence O’Donnell on The Al Franken Podcast when he declared that MCNBC was completely over the need to present two sides of coverage on Trump because defenders of Trump are “liars” and “I don’t bring on a liar.” It is that simple. The other side is just lies so only our side needs to be reported.
I have long respected Sen. Chris Coons (D, Del.) as a highly intelligent and effective senator. I was surprised today to be watching Michael Smercomish (who I also respect greatly) to hear Sen. Coons following the party line in arguing implausibly that Hunter Biden is not a relevant witness in any trial despite his centrality to the Trump defense. I previously addressed how Biden would be deemed relevant in a conventional trial and Smercomish quoted one of my Washington Post column at length to offer the opposing view. Sen. Coons responded not by addressing the relevancy argument but by dismissing such arguments as clever lawyering and “a stretch . . . a leap of logic worthy of Evel Knievel.” I should note that this analogy was lost on my youngest son, Aidan, who immediately asked “who is Evel Knievel?” When I explained, he responded, “isn’t that a good comparison?” Continue reading “A Leap or Perpetuating Evel? A Response To Sen. Chris Coons”→
Sen. Bernie Sanders appears to be continuing his rise in the polls despite the claim of Sen. Elizabeth Warren that he made a sexist and bizarre comment to her in a meeting shortly before she announced her candidacy. Warren and former Vice President Joe Biden remain flat in the Reuters/Ipsos national poll.