A Legitimately Elected President

Bill Clinton, Hillary Clinton, Michele Obama, and Jill Biden among dignitaries on inauguration dias.
The conclusion of the Mueller investigation presents leading Democrats with a fateful choice: whether to continue digging into the past in hopes of hobbling or delegitimizing Trump’s presidency, or to concentrate on the present and the future, when all their ingenuity will be needed to beat Trump and deny him a second term.

Though the latter would be better for the party and nation, turning away from the special investigation requires fortitude.  The Mueller report hasn’t been made public, and the pundits and pols who are against Trump aren’t satisfied with Attorney General William Barr’s disclosures and conclusions.  The Democrats want more information.  This desire, as reasonable as it is, distinguishes them from the mass of American citizens who are really tired of this subtle affair and who are dying for evidence that the government is still capable of . . . . GOVERNING.

If the Democrats want someone new in the White House in 2020, they need to persuade voters that their nominee and their vision will be better for the nation than what Trump offers.  Yet they are so far from presenting this impression that one can scarcely imagine their unifying around a tenable candidate and winning.

Democrats are procrastinating.  They are shirking the hard work that follows from acknowledging that Trump won office legitimately.  He enjoys an authority that is foolish to argue with: In 2016, he understood the rules of the electoral game and exploited them more effectively than did Hillary Clinton.  He won the electoral votes he needed by persuading enough citizens to go to the polls and vote for him in key states.  Two years later, most of the president’s opponents have yet to reckon with this reality, even though any political strategy leading to Trump’s defeat must be designed with this geography in mind.  To defeat Trump, Democrats must peel away moderate and independent voters in states fed up with stale Democratic memes.  The Dems face an uphill battle, even with teamwork, ideological innovation, and the right nominee.

And where is Democratic rage when it comes to the real bogeyman, Russia–the real villain who prejudiced American voters against Hillary by waging a campaign of misinformation, who smeared her and deployed assets to promote Trump, a candidate who, for various reasons, Russia wanted instead?  What is Congress doing to ensure that foreign nations don’t infiltrate and corrupt American political discourse in the future?

While real danger looms over American democracy, one wonders whether the Democrats will ever look up from their game of Clue and do something.

Image: Screen shot of leading Democrats attending Trump’s inauguration in January 2017.
© 2019 American Inguiry

Senator Flake

The former Senator from Arizona speaking at the Union League Club of Chicago's George Washington's Birthday Celebration.
Over the weekend, I went to hear Senator Jeff Flake at the Union League Club. Every February, the club hosts a big dinner to celebrate George Washington’s birthday and invites a guest speaker. This year, Jeff Flake of Arizona spoke. This was the 131st first year the dinner was held.

I believe that whenever one has a chance to see a major public figure, one should take the opportunity.   Flake has just left the Senate after one term but he is definitely presidential material, and I will be surprised if he fails to run for president one day. He faces one major impediment to his ambition, however: at the moment he is very nearly a man without a party.

Flake comes across as a very poised, articulate, and thoughtful conservative. He describes himself as having fallen in love with politics at an early age. He served twelve years in the House of Representatives prior to his elevation to the Senate. Then along came Trump, the game changer who has cast Flake into a sea of difficulty.  Flake is one of the few Republicans in Congress to have broken openly with the president instead of going along with him in a sheepish and cowardly way.

Most Republican senators have tried to “find common ground” with the president as though doing so does not compromise their dignity. They have chosen to collaborate with him, even though it cheapens them by association. Trump treats the Senate in a high-handed and condescending manner. The Republican-led Senate has permitted itself to be humiliated. Republican senators endure Trump for the sake of party domination.

In the rare cases when the Republican majority finds that it cannot comply with Trump, its opposition to the president is tacit, as was true last week when Trump was shut out of the budget negotiations and told afterward that he must accept the negotiated deal. By and large, Republican senators have watched silently, however, as Trump has destroyed the soul of the “Grand Old Party.” It’s a peculiar situation, because it’s not clear whether most leading Republicans genuinely endorse Trump’s ideas. What they see is that Trump is charismatic and that his charisma is pumping up Republican power. Perhaps they believe they can outlast Trump, then return to what they were before.

Jeff Flake has no such illusions. He cannot stand with a president whose followers chant, “Lock her up.” During Flake’s tenure in Congress, he witnessed the gradual erosion of comity on Capitol Hill. When he began, it was still the custom of senators and representatives to move their families to Washington. Political differences tended to evaporate when members on either side of the aisle knew one another’s children by name. On weekends, representatives worshipped together and watched their kids play sports, developing friendships that softened the edges of partisan conflict.

That changed, Flake recalled, with Newt Gingrich’s speakership.  Gingrich told House Republicans to leave their families at home, because, on the weekends, he expected them to be back in their districts campaigning. As a result, the US now has “a commuter Congress,” with members flying in to work a few days a week.

Reluctant to treat Democrats as “the enemy” and unwilling to stand with the president, Flake has learned that Republicans in his state increasingly demand this very thing. Whereas “the economy” or “jobs” used to top the list of Republican voters’ concerns, “Where do you stand on Trump?” has displaced them, according to recent polls. Out of sync with both his base and GOP leadership, Flake saw re-election was futile.  He left the Senate last month.  In retirement, he seems to have embraced the philosophy of the first president we had gathered to honor. For, as that great man once observed,

If, to please the people, we offer what we ourselves disapprove, how can we afterwards defend our work? Let us raise a standard to which the wise and honest can repair. The rest is in the hands of God.

The Nature of Our Political Crisis

Low-angle shot of Trump and smiling lawmakers.
Perhaps you, my reader, feel as I do, that it’s a challenge to act meaningfully in response to the present political situation—despite recognizing that, as the federal government shows signs of veering off course, all citizens have a responsibility to promote stability and work together to avert an all-out crisis.

So many Americans are unhappy—worried—distressed—alarmed—embarrassed—about the state of the union.  We doubt our president’s sanity, and we fear the real destruction that could follow from having entrusted the entire executive branch to someone who is vicious, immoderate, unenlightened.  We are unhappy and disappointed in the condition and posture of the political parties–both the Republicans and the Democrats lack unity, ideological clarity, and discipline.

Trump gained power partly by destroying many Republican reputations; and, since, as president, he has pushed the GOP to support his style of politics and ideological viewpoint, the influence of many moderate Republicans has been checked.  This has further weakened what was formerly the most effective and palatable element of that party, an element that far-right zeal has gradually eclipsed.  Many formerly respected Republicans have disgraced themselves by collaborating with Trump or, by their silence and inaction in the face of his outrageous condescension toward them, have shown themselves to be terrible cowards.  The hearings that placed a maudlin Brett Kavanaugh on the Supreme Court displayed the moral bankruptcy of Trump’s Senate collaborators.

The condition of the GOP is highly worrisome because it is the nationally dominant party.  For nearly three years, Trump has been cannibalizing it, eating its heart out, and injecting it with a virulent moral rot.

Meanwhile, the Democrats remain riven; not only do they remain too weak to determine the direction of national politics, but they have yet to unite around a figure or an approach capable of undermining Trump’s popular appeal.

The condition of the parties and their inability to advance a legislative agenda that could rally the nation behind a set of positive political goals, demonstrates to the nation that Trump is in fact unchecked and unchallenged.  Congress can’t counter the president’s power.  Watching this bizarre situation unfold every day leads many of us to perceive the federal government, and hence the entire republic of the United States, to be dangerously near a breakdown of an unpredictable kind.

That there is no leadership—that there is no coalition mobilizing and unifying an opposition—is perhaps because, though we all perceive the political actions of the president to be highly abnormal, and we all perceive the relations between the president and Congress to be in near-paralysis—what danger we are on the brink of is very unclear.  Personally, I doubt the president can be impeached (that is, I don’t think the Senate has the will to convict him and throw him out–please see the post I have written on this subject), so even if we agree our affairs are in a critical state, the most constructive course is to concentrate on positive politics, on mobilizing opposition to Trump across party lines, and defeating Trump at the ballot box. 

I hope we will see a resurgence of party control and even deal-making among rival candidates—this is the only way to achieve the necessary degree of unity in either party. If the Democrats have a long slug fest like they did last time, there won’t be enough time before the general to get everyone behind the chosen nominee. The challenge is even greater on the Republican side, where I hope we will see some more conventional players (like Romney and Flake) perhaps teaming up to try to rob Trump of the nomination.

The prospect of a unified opposition isn’t too bright, however.  Presidential hopefuls who aren’t equipped to beat Trump or run the country are already throwing their hats in the ring.  If the national parties can’t exercise discipline over such narcissistic candidates, divisions will increase, allowing Trump to retain his ascendancy.  The lost art of pulling together is all-important now.

Will #MeToo Be The Senate’s Waterloo?

Something decisive will occur in the Senate this week.  Not just a nomination hearing, but a political drama crystallizing in the minds of Americans the nature of a political party, and an institution.

In a hearing set for Thursday, the Senate Judiciary Committee will consider whether Supreme Court nominee Brett Kavanaugh is a person of respectable character.  They will hear from a California psychology professor, Christine Blasey-Ford, who has come out of nowhere with a believable claim that in 1982 Kavanaugh sexually assaulted her when she was 15.  Kavanaugh denies it.  Despite the perturbation the allegations are causing, Senate Republicans are intent on shielding the nominee.  Determined to treat whatever is disclosed in tomorrow’s hearing as irrelevant to his confirmation, Senate majority leader Mitch McConnell anticipates that, after hearing from the two parties in a non-judicial setting, the committee will vote on the confirmation the very next day.

On the way to that vote, America will see how its leaders behave.  How do senators treat a woman whose personal story threatens the plans of President Trump and the Republican Party?  How considerate are they in sorting out this very unsavory #MeToo story, which the recent openness of women in discussing sexual assault is empowering?  To what extent have senators reckoned with the implications of sexual equality, or how badly are they out of step with the times?

President Trump and the Republican leadership in Congress have dug in their heels, exploiting their every institutional advantage in an effort to mute a damning social narrative and push Kavanaugh through.  Trump’s White House has become Kavanaugh’s sanctuary.  He has been holed up there like a wanted man, arming himself with the latest in dis-ingenuity.  Kavanaugh’s proxies have spread out on the news circuit, broadcasting doe-eyed astonishment that anyone could fail to see Judge Kavanaugh as squeaky-clean.  Meanwhile, Charles Grassley (R-Iowa), chair of the judiciary committee, has announced that an outside interlocutor, Rachel Mitchell, a sex-crimes prosecutor from Arizona, will spare Republicans members the embarrassment of figuring out how to talk with Dr. Ford.  A brilliant fix for a hearing where the goal is to avoid hearing anything she says.

Ultimately—and this is what the president and Senate don’t seem to get—, Dr. Ford’s challenge to Kavanaugh’s confirmation isn’t about legalities.  It’s about whether Kavanaugh is acceptable to society.   It’s about whether Brett Kavanaugh, who is rumored to have put his hand over a girl’s mouth while attempting to overpower her, is a socially respectable being.  Is he a gentleman?  Today, American society is ostracizing harassers of women because their behavior is anathema to equality.  The buzz surrounding Kavanaugh is alarmingly loud.

Over the centuries, the Senate has often exemplified dignity.  It has upheld courtesy as an ideal, as a source of inner order, as the secret of its prestige.  Tomorrow, members of the Senate Judiciary Committee will be called on to receive “an inconvenient rememberer” courteously.  Yet, as #MeToo comes knocking, a blinkered and insensitive Senate cowers.

RELATED ARTICLES:
Caitlin Flanagan, “I Believe Her,” The Atlantic.
Caitlin Flanagan, “The Abandoned World of 1982,” The Altantic.

Dislodging the President

US map showing partisan voting inclinations by county.

Donald Trump will remain in the presidency until we dislodge him.  No matter how many millions of citizens want him gone, the means of achieving this goal before 2020 are narrow and few, and most depend on the inclination of other major government officials.  In this review of the options, I conclude that Donald Trump is unlikely to be removed from office until his opponents become better organized and gain control of both the House and Senate.

Click here for the audio version.

1. Impeaching the president

Whether or not there are grounds for impeaching President Trump, impeachment depends on Congress’s will.  As the US House website puts it: “The Constitution gives the House of Representatives the sole power to impeach an official, and it makes the Senate the sole court for impeachment trials.”  Whereas initially I imagined that an anti-Trump coalition might emerge among Capitol Hill Republicans, that hope has died.  A few Republican senators have criticized the president, but their opposition remains personal, episodic, isolated.  Recent events show that Republicans have decided to collaborate with Trump rather than try to get rid of him.  Were Congress composed differently, it would be another story.  For now, though, Democratic efforts to have Trump impeached or censured are pointless, for the simple reason that Democrats are in the minority.

2. The special prosecutor

Will the investigations of special prosecutor Robert Mueller—the so-called “Russia probe”—yield information sufficient to remove Trump from office?  If Trump were himself a tool of the Russian government, I believe he would have persisted in trying to fire Mueller or constrain the investigation.*  Trump has (reluctantly) foregone this route, even though his inaction leaves open the possibility that Mueller will eventually press criminal charges against Trump’s children.

Information already made public shows how aggressively agents of the Russian government pursued contacts with members of Trump’s inner circle, testing how many ways they could succeed in corrupting and compromising Trump’s relatives, associates, and administration, and, with them, the American political system.  While the Russians have reason to be satisfied with the success of their audacious experiment, the evidence so far available to the public falls short of establishing that Trump was personally involved.

Were Mueller to bring out evidence that Trump colluded with or was compromised by the Russians, what would happen?  Such evidence could compel the House to impeach, but, as long as Trump is a sitting president, he is largely immune from being charged with a crime.  According to Cass Sunstein, writing in Bloomberg News, a sitting president can only be charged with crimes committed prior to taking his office or unrelated to his presidential role.  In the unlikely event of Trump’s being impeached and convicted, only after being removed from office would he face trial for criminal wrongdoing.  And never has a special prosecution produced such spectacular results.

Impeachment is a serious drag on a presidency, but it’s a clumsy tool, in that Congress has never come to the point of kicking a president out.  In the case of Watergate, Nixon preempted the process by resigning when the threat of impeachment loomed.  Kenneth Starr’s lengthy special investigation prompted Bill Clinton’s impeachment, but ultimately the Senate acquitted Clinton, leaving him to serve out his second term.  Because impeachment is a political but not a criminal proceeding, its outcome is highly discretionary and dependent on political factors.  The only other president to be impeached was Andrew Johnson back in 1868; the Senate acquitted him, too.

3. The 25th Amendment

The 25th Amendment to the Constitution, ratified in 1967, allows the vice president and a majority of the Cabinet to declare a president unable to perform his duties, whereupon the vice president shall assume the president’s role.  Dissatisfaction with Trump has led to increased discussion of the 25th Amendment, as if it were designed to remedy a president’s poor judgment or incompetence.  Michael Wolff, in promoting his sensational new book, Fire and Fury: Inside the Trump White House, has encouraged this misconception by claiming that the 25th Amendment is under discussion in the West Wing “all the time.”  A quick read of the amendment establishes that it applies only to fairly extreme conditions of physical incapacity, for it allows the President to reverse its effects by notifying leaders of Congress that he is again able to discharge his duties.  Last week, the president’s first official physical exam concluded with Dr. Ronny L. Johnson, the physician in charge, proclaiming the 71-year-old Trump to be in “excellent health.”  So wake up, America: unless the President is physically incapacitated, the 25th Amendment won’t be invoked.

4. Shaming the president

The president’s extraordinary behavior following the publication of Wolff’s blistering expose shows his sensitivity to embarrassment of a certain kind.  Yes, Trump has a tough skin, but he hates it when people he respects, whose approval he craves, look down on him.  He hates being confronted with evidence that he is anathema to others who are powerful and celebrated.  Trump looks down on reporters and many of his political rivals, but he is sensitive to criticism that leaves him feeling one-down.  Leading activists have yet to zero in on what symbols can be used to dog Trump and effectively heighten his sense of shame.  Protests against Trump should be orchestrated around the goal of making the president miserable.  Could a strategy of social shaming drive him from office?  It might, if it eats away at his sense of self and robs him of the pleasure he derives from his job.  Nixon resigned from office mainly because he had been disgraced.  The stigma was a punishment that never went away.

5. Winning back Congressional majorities in 2018

The uncertainty of these options suggests how important it is that Trump’s opponents direct their all toward ousting Trump’s Republican collaborators from the US House and Senate.  The GOP is in a weak and troubled condition, and Republicans in Congress, still loyal to their party, have concluded with good reason that if they do not collaborate with the mercurial Trump, their party will fail.  Their numerical supremacy can’t palliate the ideological fissures and Faustian compromises eroding their party’s integrity.  As Democrats lay plans to defeat incumbent Republicans in November, they should remember the millions of moderate Republicans and independents who are looking for a new reason to go to the polls.  Whereas a tilt to the left will not strengthen the Democrats’ alarmingly weak share of political power, with a fresh, moderate ideology, the party could attract thousands of new voters and prevail.

Image: The map by SpeedMcCool from Wikimedia Commons
shows party leanings by congressional district,
using
Cook Partisan Voting Index scores for the (current) 115th Congress.

* This sentence, the subject of discussion in the comments section, has been modified from its original version.