George Conway, whose last name has become “Kellyanne Conway’s husband,” is upping the ante on his anti-Trump demands in an op-ed for the Washington Post just now.
Here’s what he’s saying:
Still, the special counsel’s report is damning. Mueller couldn’t say, with any “confidence,” that the president of the United States is not a criminal. He said, stunningly, that “if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state.” Mueller did not so state.
That’s especially damning because the ultimate issue shouldn’t be — and isn’t — whether the president committed a criminal act. As I wrote not long ago, Americans should expect far more than merely that their president not be provably a criminal. In fact, the Constitution demands it.
He makes an argument for impeachment even if the president’s behavior isn’t strictly criminal:
The Constitution provides for impeachment and removal from office for “Treason, Bribery, or other high Crimes and Misdemeanors.” But the history and context of the phrase “high Crimes and Misdemeanors” makes clear that not every statutory crime is impeachable, and not every impeachable offense need be criminal. As Charles L. Black Jr. put it in a seminal pamphlet on impeachment in 1974, “assaults on the integrity of the processes of government” count as impeachable, even if they are not criminal.
Here’s a pivotal distinction that is kinda ignored by both sides:
And presidential attempts to abuse power by putting personal interests above the nation’s can surely be impeachable. The president may have the raw constitutional power to, say, squelch an investigation or to pardon a close associate. But if he does so not to serve the public interest, but to serve his own, he surely could be removed from office, even if he has not committed a criminal act.
That’s the key issue. How do you prove whether it’s one or the other? Conway answers:
By these standards, the facts in Mueller’s report condemn Trump even more than the report’s refusal to clear him of a crime. Charged with faithfully executing the laws, the president is, in effect, the nation’s highest law enforcement officer. Yet Mueller’s investigation “found multiple acts by the President that were capable of executing undue influence over law enforcement investigations.”
Trump tried to “limit the scope of the investigation.” He tried to discourage witnesses from cooperating with the government through “suggestions of possible future pardons.” He engaged in “direct and indirect contacts with witnesses with the potential to influence their testimony.” A fair reading of the special counsel’s narrative is that “the likely effect” of these acts was “to intimidate witnesses or to alter their testimony,” with the result that “the justice system’s integrity [was] threatened.” Page after page, act after act, Mueller’s report describes a relentless torrent of such obstructive activity by Trump.
None of this will sway any of Trump’s base. Everyone is in hyper-partisan mode. But it’s nice to at least pretend that we’re taking each others’ arguments seriously before entrenching again. Or not who cares LOL!
White House counsel John Dean famously told Nixon that there was a cancer within the presidency and that it was growing. What the Mueller report disturbingly shows, with crystal clarity, is that today there is a cancer in the presidency: President Donald J. Trump.
Congress now bears the solemn constitutional duty to excise that cancer without delay.
My rebuttal is thusly: MAGA!!!