Impeachment? Think Again …

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Yesterday, I wrote a comment about the possibly cute maneuvers in which special counsel Robert Mueller might be engaging, in order to overcome the considerable difficulties inherent in bringing impeachment proceedings against Donald Trump.

I was wrong about the import and impact of those maneuvers. What is required is even more complex than I thought yesterday.

For sure, the House of Representatives can pretty much adopt whatever Articles of Impeachment it cares to. By the same token, the Senate can do whatever it likes, also.

But Trump has many wide-ranging powers, plus his inherent combative personality, which provide considerable obstacles to Congress doing entirely what it may want.

And so it is, at least in my opinion, that Mueller is likely engaging in an intricate series of legalistic ballet steps, better to enhance the chances of success of any impeachment proceedings.

The primary problem is this: a President cannot be impeached for crimes committed while out of office.

Not only does that mean Trump can’t be prosecuted while in office for all that racketeering engaged in with the Russians over the past thirty years.

It means he can’t be impeached for any and all alleged crimes he may have committed during the 2016 US Presidential election. He wasn’t yet President.

Yesterday, I thought Mueller might have found a cute way around this by focusing attention on crimes committed over the past thirty years with the Russians. And then using them to prove motive with ‘minor’ election-related crimes, thus making the latter ‘high crimes.’

But duh. I forgot the primary problem: those ‘minor’ crimes were still not committed while Trump was President. They aren’t impeachable offenses. They may be crimes for which others can be prosecuted. But not Trump. Not while he is in office.

I think, therefore, Mueller may be attempting something even more fragile. A legal ‘Back to the Future’ exercise.

Dredge up all he can about the thirty years of Trump-Russia racketeering. Demonstrate that certain questionable activity by the Trump campaign during the election was purposefully designed illicitly, even illegally, to enhance the chances of Trump being elected.

Then, document continued financial gain to Trump during his time as President, flowing from the previous thirty years of racketeering (primarily the Rosneft deal), and from the illicit election activity, and attempt to produce a trail representing a corruption of the office of President.

Back, forward, back. Maybe … ??

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Published in: on July 22, 2017 at 2:37 am  Leave a Comment  

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