No American president has ever been convicted in an impeachment trial. President Mulligan slipped the constitutional noose a second time – what a talented boy! – on 13 February 2021, technically an “acquittal.” He of course trumpeted this as proof of his innocence and as complete exoneration. It was neither. Even to call it an acquittal is misleading, especially in this instance in which a handful of Republicans defected and most senators voted to convict and remove. The result more closely resembled a hung jury. The “acquittal” likely will become part and parcel of a GOP effort to cast the 6 January insurrection into the Sea of Oblivion. The vote was enraging and absolutely foreordained. A screed referring not to an article in the paper but to the news generally was sent to The Richmond Times-Dispatch, which passed. That one surprised me.
The Former President’s “Acquittal.”
And so ended the impeachment proceedings. The House Managers’ case was factually unimpeachable, constitutionally pristine, and rhetorically powerful, compelling to heart and mind. It eviscerated a defense fueled by mendacity, false equivalence, and faux outrage, a reflection of the defendant.
Yet there was no clarifying moment, no dramatic passage that would jar the deluded from their civic torpor. No Margaret Chase Smith arose from the GOP to uncover her party’s folly. No Joseph Welch crystallized the damage to public life from unabashed political indecency.
The Senate Minority Leader instead offered post-trial sophistry contorted enough to make a medieval scholastic theologian blush, political triangulation so transparent that he need hardly have bothered. He and forty-two Republican senators consigned their integrity to a blind trust. They seem unlikely soon to reclaim it.
Seven of their GOP brethren have been lauded for voting guilty. This sets the bar for civic virtue low. Conviction required only a sliver of conscience and a glancing regard for truth and still they find themselves vilified by their colleagues and the Republican base. Would Abraham Lincoln recognize his party were he to see it pound shut the coffin of accountability?
The salient question is how the GOP now will elevate the Big Lie. The party has inured its faithful to untruth: Tax cuts to the wealthy always create jobs and enhance revenues despite never having done so,[1] Saddam Hussein had WMD and “palled around” with Al Qaeda, torture comports with American values and invariably foils malign plots, Wall Street and financial deregulation had no hand in the Great Recession, the forty-fourth president was a Kenyan Marxist Muslim authoritarian, mainstream media purveys only “fake news,” coronavirus is a hoax, the 2020 election was stolen. Can Orwellian Doublethink be far away? Perhaps war is peace, falsehood is truth, guilt is innocence.
[1] Igor Derysh, “50-Year Study of Tax Cuts on Wealthy Show They Always Fail to ‘Trickle Down,’” Salon, 27 December 2020 (www.salon.com/2020/12/27/50-year-study-of-tax-cuts-on-wealthy-shows-they-always-fail-to-trickle-down/, accessed 27 December 2020); David Hope and Julian Limberg, “The Economic Consequences of Major Tax Cuts for the Rich,” International Inequalities Institute Working Paper 55, December 2020, London School of Economics and Politics (https://eprints.lse.ac.uk/107919/1/Hope_economic_consequences_of_major_tax_cuts_published.pdf, accessed 27 December 2020).
It was inevitable that the letter-writing would lead to tinkering with an editorial. This spur for this virgin effort was The Grand Prevaricator’s tapping of the bellicose John Bolton as his National Security Adviser. This was not the choice of a chief executive determined to pursue a reasoned, sober foreign policy. Many hoped that President Stable Genius would never face a crisis for fear of an awful outcome. The installation of the incessantly saber-rattling Mr. Bolton magnified the chances for the genesis of crises where none need exist.
The piece is essentially a call for a Republican, any Republican, to restrain Mr. Trump. No one in the national GOP had done so to this point. The Richmond Times-Dispatch justifiably passed on it because it was double the length of a typical editorial. A pitch was then made to The Huffington Post, but nothing came of it. I then set the essay aside and never returned to it.
Freedland, Trump, Bolton, Lee, Chirac.
While in London in late 2017 I was reading local newspapers and stumbled across an editorial by a favorite writer, Jonathan Freedland (“The Year of Trump Has Laid Bare the US Constitution’s Serious Flaws,” The Guardian, 30 December 2017). As the first year of the Trump administration lurched toward its close, Mr. Freedland reflected on a book he had written two decades ago in which he had professed his admiration for the ideals enshrined in the United States’ founding documents and for the intricate constitutional mechanism devised by the nation’s founders (Bring Home the Revolution: the Case for a British Republic [London: Fourth Estate Ltd., 1998]). In Mr. Freedland’s view, the colonies had purloined a revolution that by right belonged to the English, hence his call to “bring home the revolution” and reshape the United Kingdom’s government on the American pattern. On 2017’s penultimate day, Mr. Freedland was disillusioned. The first year of the Trump presidency had revealed inherent flaws in the American constitutional order and he despaired of its capacity, despite its manifold merits, to correct itself.
Saddened by Mr. Freedland’s loss of faith, I sent a letter to the newspaper, perhaps as much to “buck up” myself as Mr. Freedland and to assure our transatlantic admirer that, in the words of a British comedy troupe, “we’re not dead yet” (“Trump’s ‘Clown Fascism’ and the US Constitution,” The Guardian, 2 January 2018, 29). The letter underscored the potency of the “resistance” to Mr. Trump and identified the ultimate corrective to his misrule: the electoral repudiation of his GOP enablers in the 2018 midterms, the removal of Mr. Trump through the ballot box in 2020, and a gradual restoration of normative political practice.
In the months since my sojourn among our British cousins, the United States’ circumstance has gravely worsened and Mr. Freedland’s outlining of a pair of defects in American governance grows in resonance. He asserted first that the proper functioning of the American constitutional system depends upon the election of a chief executive with personal integrity and an unwavering commitment to the public weal. By this standard, it is now incontrovertible that the incorrigible Mr. Trump is a lost cause. Appeal neither to reason nor common decency gives him pause. He stands as a moral and ethical cypher, a man deficient in understanding and allergic to principle, a living syllabus of our darker impulses, the untrammeled national id exposed and unleashed.
Mr. Trump now jettisons one after the another the members of the small and shrinking coterie of “adults” supposed to blunt his impulsivity. He liberates himself from relevant experience, informed opinion, and sober analysis. Still more vexing is his selection of former United Nations Ambassador John Bolton as his National Security Adviser. Mr. Trump is installing in this critical post the most unreconstructed, most unapologetic of the neoconservative Iraq War deadenders. A probable Islamophobe and a certain saber-rattler unable to pass the scrutiny of confirmation by a Republican Senate in 2005, Mr. Bolton was a leading light in the Project for a New American Century and among its members who ultimately insinuated themselves deeply into President George W. Bush’s administration. He was a signatory to this cabal’s infamous 1998 open letter exhorting President Clinton to remove Saddam Hussein from power, three years before the 9/11 attacks and five years before Saddam Hussein’s mythical weapons of mass destruction became the pretext for the greatest blunder in modern American foreign policy, a misstep whose toll in lost American credibility on the world stage still mounts.
Mr. Trump on his own abrogates American leadership in the community of nations and, when abroad, inflicts misinformed diatribes on America’s allies and seems at his ease only in the company of despots and thugs, a sadly embarrassing affront to every thinking American. Mr. Bolton will neither restrain Mr. Trump nor offer him sage counsel and likely will only encourage Mr. Trump to intermingle American foreign policy with his vanity, vindictiveness, and projection. One must wonder whether Mr. Trump’s personal peccadilloes – his ceaseless need to shift the narrative from his past and present transgressions – will become a driving force in foreign affairs. Be this as may, the elevation of Mr. Bolton near the seat of power pushes the hands of the doomsday clock a few clicks nearer to midnight.
Mr. Trump’s manifest deficiency as chief executive leads to Mr. Freedland’s other critique of the state of play in American governance, his understanding that the constitutional mechanism runs smoothly when political groups operate in good faith, accept the legitimacy of their opponents, and, at any critical juncture, prioritize the national interest above narrow partisan advantage. Neither the Democratic nor Republican Party is a paragon of political virtue but their defects are asymmetrical, the sins of the GOP active and those of the Democrats reactive. The Democrats in any event are in power in no corner of government. Restraint on an unfettered and perhaps unbalanced executive must come from the GOP. A few months back, one could hope that a drubbing in the 2018 midterms and a few electoral cycles in the political wilderness – an overdue pause for introspection – might return the Republican Party to itself. Mr. Trump’s mercurial conduct unfortunately eliminates the luxury of waiting for a gradual political realignment. Action is imperative. It is incumbent on the governing party to act. The Republican Party must demonstrate that, unlike Mr. Trump, it is not a lost cause.
The signs on this front are not encouraging. GOP senators and congressmen have by and large maintained a studied silence in the face of Mr. Trump’s antics. A few Republican senators – Messrs. McCain, Flake, Sasse, Corker, Graham – have from time to time uttered fine words but a concrete act to constrain Mr. Trump’s misbehavior and malfeasance is nowhere in evidence. The GOP seems to have forgotten a fundamental truth. Retired Sen. Harry Reid has recounted a reminder the late Sen. Robert Byrd gave his colleagues: “I don’t serve under the president; I serve with the president” (Carl Hulse, “Senator’s Farewell: ‘I Just Shake My Head,’” The New York Times, 24 March 2018, A11 [www.nytimes.com/2018/03/23/us/politics/harry-reid-leaves-washington.html]). Do Republicans not recall that the legislature is a coequal branch of government and enjoys pride of place in the Constitution? The federal government is not a parliamentary system, though the GOP sometimes seemingly wishes it were. The political calculus in the US Senate is uncomplicated: A handful of Republican votes in concert with Democrats can serve as a bulwark against Mr. Trump’s excesses. This would be less an act of courage than a minimal declaration of fealty to the American constitutional system.
Should Republicans, nevertheless, require an example of political courage to emulate, they need not look far nor to the distant past. In 2001, Rep. Barbara Lee cast the lone dissenting vote in the House against the Authorization for the Use of Military Force (AUMF) and there was nary a nay registered in the Senate. Her opposition sprang not from pacifism but from her conviction that the legislature should not abdicate its oversight of the executive in making the most profound decision, to commit the nation’s treasure and its youth to armed conflict. She refused to grant the executive a blank check. To paraphrase Martin Luther, there she stood for she could do no other. The fullness of time has vindicated her adherence to principle. Would that a handful of GOP senators might muster the fortitude of a Barbara Lee.
Despite Mr. Trump’s willful misconduct, the nation still has friends abroad. The stock of goodwill has not yet been exhausted. Hope endures that the United States will return to the first principles that, while often observed imperfectly, made the American constitutional system admired and emulated. Jonathan Freedland’s distress at our present predicament underscores a useful truism: The outsider sometimes perceives us with greater clarity than we see ourselves. Friends also sometimes offer well-meaning advice, counsel that should not be summarily dismissed. The document though which thirteen colonies dissolved its bond to the British crown underscored the importance “a decent respect for the opinions of mankind” as the nascent nation embarked on a fateful path. Perhaps in this moment America’s leadership should declaim less and listen more to what the world is saying to it. Nicholas Kristof recently acknowledged his experience of déjà vu, a feeling that 2018 seems uncomfortably like 2002 and 2003 (“I’m Worried Now, as Before the Iraq War,” New York Times, 22 March 2018, A21 [www.nytimes.com/2018/03/21/opinion/iraq-war-north-korea-iran.html]). Mr. Kristof is not alone in this. The American political memory can be unforgivably short. As the drumbeat for intervention in Iraq moved to a crescendo, the late French President Jacques Chirac, a man with an abiding affection for America, warned that the country was on the cusp of a potentially momentous mistake. GOP congressmen in response replaced french-fries with “freedom fries” in the House cafeteria and the nation careered toward a grand foreign policy debacle. Must this partisan thickness be repeated? The time for both Democratic and Republican legislators to exercise the prerogatives and responsibilities of their offices is now. This cannot and must not be left to the election.