Wednesday, July 24, 2019

Why today has destroyed Trump

[Update 11/16/19: Trump is adamant that he has done nothing wrong regarding Ukraine. The insistence by Trump that he has done nothing wrong regarding Ukraine, when there can be no reasonable question that Trump has done something wrong, establishes that there is a significant risk that Trump will continue to do wrongs in the future. The articles of impeachment against Trump should emphasize the risk of future wrongs by Trump and the necessity of impeaching Trump to prevent him from doing more wrongs as President.]

A. General

For three years Donald Trump has acted to set himself above the law.

It will be extremely detrimental to the United States' constitutional form of government of the rule of law and separation of powers if Trump succeeds in being above the law.

The Mueller hearing is a culmination that brings into stark public view Trump's goal of being above the law, and the stark choice for the Democrats that the only way to stop Trump from putting himself above the law  is impeachment plus the 2020 election.

Trump's psychological and personal motivations for wanting to be above the law are not entirely clear. One motivation is probably to protect himself and his family against legal threats.  The full extent of such threats, however, are likely not currently known by the public.

The evidence that Trump has been acting to set himself above the law consists of (i) statements by Trump that effectively say he is above the law, and (ii) numerous actions by Trump that get him closer to being above the law. These statements and actions incrementally gain acceptance by Trump's base that it is ok for Trump to be above the law. So long as Trump has his base, extreme measures are needed to stop Trump in his quest to be above the law.

Statements Trump has made evidencing his belief that he is above the law include recent statements that Article 2 of the constitution allows him to do whatever he wants to, plus categorical statements that he has done nothing wrong, such as Trump's statement after the Mueller hearing that "I did nothing wrong."

There are now three years of Trump wrongfully seeking to set himself above the law, Trump getting away with his wrongful statements and actions getting him closer to being above the law, and Trump being emboldened to go even further to setting himself above the law.

A key component of Trump's gaining acceptance by his base of Trump being above the law is that Trump says whatever he wants, without regard to truth or falsity; his megaphone is the biggest and loudest in the country; he makes summary categorical statements, such as "I did nothing wrong", and he avoids any meaningful challenge of what he says, such as by being required to answer under oath and be cross examined about what he says. In this situation Trump's base believes whatever Trump says, and stopping Trump requires extreme measures to contradict Trump's "I did nothing wrong" that Trump keeps broadcasting through his megaphone, which is the biggest and loudest in the land.

B. Mueller hearing

The Mueller report, and today's hearing and Trump's statements after the hearing, are a significant culmination of three years of Trump's wrongful statements and actions to get himself of the below.,

The hearing and statements are a significant culmination because they they present a stark choice for the Democrats that impeachment is necessary if Trump is to be stopped in his wrongful statements and actions aimed at putting  himself himself above the law.

The 450 page Mueller report, besides detailing Russia's interference in the 2016, sets out extensive wrongdoing by Trump in connection with Russia's interference and Mueller's investigation of the wrongdoing.

As one example, consider that Trump pursued the Trump Tower Moscow project while he ran for President; Trump lied to the voters during the campaign that he had nothing to do with Russia; Trump had Cohen and others support that lie; and, after he was President, Trump directly or indirectly, had Cohen continue the lie in sworn testimony to Congress.

In the mode Trump has built up for three years, Trump, after the hearing, made a categorical statement "I did nothing wrong."

Even though what Trump did was clearly wrong, Trump's base hears Trump's general denial "I did nothing wrong," accepts that general denial uncritically, and does not have to deal with Trump being forced to say specifically,
Yes,  I pursued the Trump Tower Moscow project while I ran for President, I lied to the voters during the campaign that I had nothing to do with Russia, I had Cohen and others support that lie, and, after I was President, I directly or indirectly, had Cohen continue the lie in sworn testimony to Congress.
But it was not wrong that I did that.
Trump's nature and psychology may be that he somehow believes that nothing he does is wrong. As to his action after he was President, Trump may believe that nothing he does as President is "wrong" because he, as President, can do anything he wants and therefore anything he does is not wrong, including being involved with Cohen lying to Congress about the Trump Tower Moscow project.

Another example from the Muelller hearing is Trump asking Don McGahn and others to get Mueller fired. Trump either may deny he did that, of if he did, it would not be "wrong." Again Trump's "I did nothing wrong" statement today fairly means that Trump believes he did nothing wrong if  he asked Don McGahn and others to get Mueller fired.

The foregoing examples are two of scores of incidents during the past three years as to which Trump ostensibly expressed belief he did nothing wrong, or he would contend he did nothing wrong when most or almost all would agree Trump did something wrong.

A President who believes Article 2 allows him to do anything he wants, and whose position is that  nothing he has done is "wrong" during the past three years and nothing he does as President is "wrong", and who does things manifesting that belief, is endeavoring to set himself up as above the law.

The Mueller report and the Mueller hearing laid out massive wrongdoing by Trump.

Trump says he has done nothing wrong.

The Mueller hearing brought to the fore that Trump cannot be indicted while he is President, it is problematic whether Trump would be indicted after he is no longer President, and Trump's false statements are not being subjected to challenge by means of Trump being required to testify under oath and cross examined.

C. Trump's "I did nothing wrong" lie

Probably the most dangerous component of Trump's setting himself above the law is Trump's lying, and the willingness of Trump's base to be unaffected by Trump's lying.

After the Mueller hearing Trump was asked whether he should have allowed himself to be interviewed by Mueller. Trump answered by referring to how any slip up in answering questions, including innocuous questions, could result in him being charged with perjury. Trump said he made the right decision to not be interviewed by Mueller.

Consider that every other American is subject to being called to appear and answer questions under oath. Consider that Trump does endless diatribes about lies of various persons such as McCabe, Comey, Cohen, Strzok, and Page, who have been called to appear and testify under oath; and Trump does not himself have to appear and answer questions under oath.

Trump's not being subject to being called to answer questions under oath is an egregious form of Trump being above the law, which allows Trump to continue with his lies, such as his "I did nothing wrong" statement after the Mueller hearing. As discussed above, those lies are accepted uncritically by Trump's base and are a main tool in Trump's his quest to be above the law and not have to tell the truth and be accountable for his wrongs.

D. Democrats have to impeach Trump

The Mueller hearing and Trump's statement "I did nothing wrong" leave the Democrats with no choice but to impeach Trump to hold Trump accountable for his wrongs and to keep him from being above the law.

Mueller has done his job in presenting to the American people the case that Trump has done many wrongs and that the wrongs are leading to Trump placing himself above the law.

Trump is saying, "I did no wrong," even though it is obvious Trump has done many wrongs.

The Mueller report and hearing have made significant headway in getting the truth about Trump's wrongs into the public domain and how Trump is headed to being above the law.

Now it is up to the Democrats to continue from where Mueller has brought the case and beyond which Mueller cannot take the case further.

To carry the case forward to the American people, the Democrats have to impeach Trump and explain the necessity of impeachment for informing the voters in connection with the 2020 election. In other words, tell the voters that one of the issues in the 2020 election is Trump's wrongs, his seeking to be the above the law and why that is extremely detrimental  to the United States' constitutional form of government of the rule of law and separation of powers.

The Senate may not vote to convict, but impeachment is necessary as part of the 2020 election make the case to the American people that Trump will succeed in destroying the rule of law if Trump is not defeated in the 2020 election.