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Impeachment is a political process. The dangerous precedents have already been set, for Andrew Johnson and William Clinton. The former was impeached for firin
by logfromblammo 8y ago
Impeachment is a political process. The dangerous precedents have already been set, for Andrew Johnson and William Clinton.
The former was impeached for firing the Secretary of War without consent of the Senate, and refusing to reinstate Stanton in that position when it did not ratify the dismissal. Acquitted by one vote.
The latter was impeached for lying about inappropriate personal behavior, and obstruction of justice for witness tampering and impeding investigations. Acquitted.
Trump could be impeached by the House for a misdemeanor as inconsequential as littering in a national park. And the standard of proof for conviction in the Senate is not specified. It could be as low as "a police dog alerted on his hamburger wrapper" if his loyal contingent has 33 senators or as high as "we need to analyze, line by line, the source code for the video encoder of the camera that recorded the president dropping the wrapper on the ground, to ensure it has not been tampered with by terrorist immigrant caravans" if his contingent has 34 senators. It is not specified by the Constitution, so it is de facto determined ad hoc by the Senate and chief justice at the time of the trial.
It should be obvious that suspected crimes that are more severe than firing cabinet officials without permission, or covering up a political scandal--such as those imputed to Nixon during the Watergate burglary investigation, or suspected acceptance of foreign emoluments--should be impeached more readily. But as long as the Senate is needed to convict, and the burden of proof is not specified, then the House cannot realistically impeach, and expect a conviction with a president-supporting Senate in place, until the case against can meet the standard of "beyond even petty, unreasonable, and dubiously-contrived doubts". And that is solely so that when the Senate refuses to convict anyway, the evidence and the vote against conviction can be used against the party in subsequent election campaigns.
I have little doubt that the current president will be confronted by a stack of previously sealed criminal indictments on the afternoon of the next president's inauguration day. Those cases will be tried in courts with a fixed standard of proof--beyond reasonable doubt for criminal cases, and preponderance of evidence for civil cases.
- jki275 8y ago--"I have little doubt that the current president will be confronted by a stack of previously sealed criminal indictments on the afternoon of the next president's inauguration day. Those cases will be tried in courts with a fixed standard of proof--beyond reasonable doubt for criminal cases, and preponderance of evidence for civil cases." The precedent has already been set there also -- both Bill and Hillary Clinton have remained free of prosecution in spite of all the many criminal conspiracies they engaged in. There's no debate there was just as much, if not more, dirt and conspiracy around them when they were in office as there is around the current occupant of the White House.
- chipotle_coyote 8y agoActually, there's an awful lot of debate about that. There are almost certainly more claims made about/against the Clintons than there are about/against the Trumps. But many of the claims against the Clintons haven't had enough "there" there for anyone but, well, conspiracy theorists to run with them. There have been, as far as I know, considerably fewer actual legal investigations against the Clintons, their associates, and their businesses than against the Trumps, their associates, and their businesses, and certainly far fewer actual charges and indictments. There's a lot of political history behind the campaign against the Clintons, and a lot of it's fascinating -- but it's not actually a history of a corrupt criminal enterprise, at least on the part of the Clintons. It's the history of personal vendettas and rich conservative ideologues, and the history of the birth of the modern right-wing media movement, starting with the Arkansas Project. https://en.wikipedia.org/wiki/Arkansas_Project https://en.wikipedia.org/wiki/Arkansas_Project The Trump Organization also has a lot of fascinating history, but you know what? From all appearances, it may well be a history of a corrupt criminal enterprise.
- logfromblammo 8y agoHillary Clinton has never been president, therefore cannot set a precedent in this matter. Bill Clinton's supposed "conspiracies" are mainly sexual assaults and their ensuing covers-up. Some of his accusers received cash settlements, and presumably would not testify against in any criminal trials. The remainder apparently did not leave enough evidence by the time Clinton left office to pursue criminal charges, or did not come forward until #MeToo emboldened them to do so, long after he left office, and possibly after any relevant statutes of limitations had elapsed. If Bill Clinton was indeed as dirty as Donald Trump appears to be, he was certainly better at cleaning up the evidence of it. He may have also pursued a policy of being more honest in less critical situations, such that he could attempt a lie--and still be believed based on reputation--when a deception would benefit him most. Furthermore, fewer of Clinton's former aides, employees, and associates were indicted and convicted during his term in office. It is possible that Clinton was not charged because he was a more cautious criminal. It is also possible the reports of his crimes were invented or exaggerated to weaken him or his wife politically. It is also possible that I think Trump's suspected crimes are so much more severe than Clinton's that the best fixers in the country can't massage them away. In any case, that's a fallacy of distraction. It doesn't matter what anyone else did but Trump, when the states' attorneys come knocking on Trump's door. They have prosecutorial discretion, and many have political ambitions of their own, so it may well be a matter of whether going after a former president and getting the conviction will help them more in the future than permanently burning all of that president's remaining political allies. Clinton can still pull in some votes and some campaign contributions. Even Nixon had folks that would still go to bat for him after he resigned. Trump is burning his (R) bridges, and snubbing all possible networking opportunities with the (D) side. It's almost like he has no conception whatsoever about how he can stay politically relevant--or at least politically protected--after leaving office.