Danger, Danger and Executive Privilege
Wednesday, January 29, 2020
Vol. 9, No. 29
Danger, Will Robinson: In their last day of opening arguments in the Trump impeachment trial, the President’s lawyers attacked the credibility of former National Security Adviser John Bolton, who says in his soon to be published book that Trump told him he was withholding aid to Ukraine in exchange for an investigation of Vice President Joe Biden.
“You can’t impeach the president on an unsourced allegation,” Trump lawyer Jay Sekulow said, even though Bolton is the original source of the information. The Bolton revelation has given hope to Democrats who want witnesses to be allowed to testify.
Like others kicked out of the administration, Bolton has gone from conservative hero to heel. Trump lawyer Rudy Giuliani called him “a backstabber.”
Trump’s lawyers tactically took many fewer hours to state their case than the Democrats. “Danger. Danger. Danger,” Sekulow repeated several times. “To lower the bar of impeachment, based on these articles of impeachment, would impact the functioning of our constitutional republic and the framework of that Constitution for generations.”
The defense claims that “abuse of power” as listed in Article I is not an impeachable offense. They say also that Trump was not obstructing Congress in refusing to cooperate; he was exercising executive privilege.
Sekulow compared executive privilege to freedom of speech, religion, and the right to due process, but executive privilege is not established in the Constitution. Supreme Court precedent says it cannot be used to cover wrongdoing.
Although Trump, through his personal lawyer Rudy Giuliani, was running a parallel Ukraine foreign policy that excluded actual diplomats. Sekulow dismissed the impeachment as a “policy dispute.” He posed it as if the Democrats merely disagreed with policy, rather than the President using his power for personal political gain. Sekulow said, “To have a removal of a president based on a policy dispute? That’s not what the framers intended.”
Witness Intimidation: While majority Leader Mitch McConnell told a closed-door meeting of Republicans that he doesn’t yet have the votes to block the calling of witnesses, The NY Times’ Maggie Haberman reports that Trump is growing increasingly resigned to the possibility that witnesses will be called.
A poll by Quinnipiac University says 75 percent of voters want witnesses to appear at the trial. The partisan breakdown in favor is; 49 percent of Republicans; 75 percent of independents; 95 percent of Democrats.
A Separate Peace: As his trial proceeded, President Trump announced a proposed peace deal for Israel and the Palestinians that heavily favors Israel.
Trump, who we know has been impeached, appeared in Washington with Israeli Prime Minister Benjamin Netanyahu, who was formally indicted on corruption charges yesterday.
The deal offers the Palestinians their own state with limited sovereignty, while awarding Israel with territory they have nibbled away from the West Bank by building settlements over the decades. “My vision presents a win-win opportunity for both sides, a realistic two-state solution that resolves the risk of Palestinian statehood to Israel’s security,” Trump said at a White House ceremony.
The Palestinians refused to take part in the talks that led to the proposal that includes $50 billion worth of investment, if they accept it. Palestinian Authority president, Mahmoud Abbas, immediately denounced the plan as a “conspiracy deal.”
Trump’s son-in-law Jared Kushner, who engineered the deal, diplomatically said of the Palestinians, “They have a perfect track record of blowing every opportunity they’ve had in their past.”
China Syndrome: A charter flight took 240 Americans out of the epicenter of the coronavirus outbreak in Wuhan, China. Authorities say 152 people have died of the disease and 6,000 taken ill. The US is considering cancelling all flights to China.
The Bulletin Board: Fotis Dulos, the Connecticut man accused of killing his estranged wife and disposing of her body, tried to kill himself at home yesterday, authorities say. He’s in critical condition with carbon monoxide poisoning. Jennifer Dulos, 50, disappeared May 24th after dropping off their five children at school. — The number of US service members diagnosed with traumatic brain injury after the Iranian missile strike in Iraq has grown to 50. — The US budget deficit is projected to be $1 trillion every year for the next 10 years, reaching $1.7 trillion in 2030. Pretty soon, you’re talking real money. — The FDA has told the makers of Purell hand sanitizer to stop claiming their potion can prevent Ebola, flu, the MRSA superbug, and norovirus.
The Obit Page: Bob Shane, the last surviving original member of the Kingston Trio, the group that helped spark the folk revival of the 1950s and 60s, has died at age 85. His raspy baritone was the lead voice of most of the group’s songs. Hang down your head, Tom Dooley.
Map Reading: On Monday, Secretary of State Mike Pompeo blocked the assignment of an NPRreporter to be the radio pool correspondent for his upcoming overseas trip because he’s angry at another NPR reporter. Michele Kelemen was disinvited while Pompeo and the President derided NPR’s Mary Louise Kelly.
In an interview last week, Kelly asked Pompeo a series of questions about Iran, as Pompeo expected, then turned to Ukraine. Pompeo said he expected the interview to be about Iran only, and ended the interview.
According to Kelly, Pompeo shouted and cursed at her after the interview ended. Pompeo did not deny that, but he called Kelly a “liar” and accused her of violating an off-the-record agreement, which she says she never made.
Kelly says Pompeo also questioned her intelligence by telling her to identify Ukraine on a blank map of the world. She did.
Kelly writes in today’s NY Times, “There is a reason it matters that people in positions of power — people charged with steering the foreign policy of entire nations — be held to account. The stakes are too high for their impulses and decisions not to be examined in as thoughtful and rigorous an interview as is possible.”
Somebody should show that map to President Trump.
Leave a Reply