The Constitution

In any legal or policy matter, it’s always good to start with the rules. What are the rules? In this case, it’s the Constitution. This is one of our founding documents, and it’s the one we use to make fundamental decisions.

Here’s what the Constitution says about impeachment:

• Article II, Section 4: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
  • This sets up the basis that “Yes! We can impeach elected officials who do bad things!”
  • None of these words are defined here, probably to leave everything open enough that future generations (us!) could make decisions that are reasonable for future times and future situations nobody could foresee.
• Article I, Section 2: The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
  • Article One is all about the Congress: House and Senate. Some argue that because it’s first, Congress is the most important of the three branches. That’s wrong, but they are all supposed to be equal, and they are there to balance each other. If one branch does whatever the other branches tell it to – our government is no longer functioning.
  • This sentence tells us where impeachment gets started. It’s not a trial, it’s a process of gathering information and figuring out whether there seems to be enough evidence of a crime.
• Article I, Section 3: The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
  Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
  • Well, that’s boringly wordy.
  • But it means that if the House says “hey! we think bad things – treason, bribery, or other high crimes and misdemeanors – happened here!” then it gets passed to the Senate to have a trial.
  • It’s not a criminal trial – nobody goes to jail, nobody gets fined here. They just get booted from office, and good riddance to them.
  • And then, later, there could be more exciting trials in actual courts that do involve going to federal prison for several years, and forfeiting the profits of the crimes that would likely be several million, or tens of millions of dollars.
    • You can read about any number of politicians and political people who have gone this route. I’m from Illinois, so have extensive experience with seeing governors and other pols go to jail for the crimes.
    • And you could easily have seen several of the Trump campaign and appointed staff who have gone through this in the last couple of years.

So, that’s the foundation. I’ve been in enough Constitutional Law classes to tell you that it looks simple. It really is usually pretty simple. But it’s the fussy little definitions that just cause all the trouble.

And here that fussy definition is trying to figure out what exactly someone could do wrong. It’s treason, bribery, or other high crimes and misdemeanors. So really – that’s pretty broad. What does it mean?

Treason

• Treason: Article III, Section 3 “Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.”

So, that can also be pretty broad. Anyone who can be proven, with at least two witnesses, of levying war against the US is guilty. Anyone who helped enemies of the US is also guilty. Once you get to “aid and comfort” things can get murkier, but there are arguments to be made that Trump has done this. (I’m not really on board with those arguments, but they do exist. If you have seen him with the leaders of our allied countries, and the leaders of our “enemy” countries, you have a gist of how that could be approached.)

Bribery Overview

• Bribery. This is not defined in the Constitution, but is a pretty standard issue both federal and state courts have dealt with over the years.
  • “Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee. In general, bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. Other forms of bribes may include property, various goods, privileges, services and favors.”

So, as I said, I’m from Illinois. And just reading this makes me tired. I remember all the trials we’ve had of our governors, and others, who saw their office as an opportunity to cash in.

I may be overly idealistic, but I grew up on Sesame Street and School House Rock. I want politicians to remember that they are there to serve us – not to get money for themselves. I want people to think about being nice first, getting personally enriched later. I want law to be written by people who care, not high-priced lobbyists. Remember “I’m Just A Bill?” I want that to be real! (It’s not. I’m doomed to disappointment.)

Illinois’ most recent governor to go to jail was Rod Blagojevich. What an absolute…[insert your choice profanity]. When Obama was elected President, he had been one of our federal Senators. He had time left on his term, so the governor of the state gets to appoint a replacement. Everyone does that – it’s fine, no problem. And yes: everyone appoints a political friend or ally, someone they want to reward or someone they want to promote in the public’s view. Sure, it’s not the way you would hire a qualified job candidate- where you would look for the best applicant, regardless of who they gave money to in the last election. But, this is politics and power – and that’s how it works – money talks.

So, fine. But he took it a step further. He announced (and the FBI heard him) to a friend (“friend”) that he wasn’t just going to let someone have this prestigious job. He was going to get something in return. Things progressed, and he’s serving 14 years in a federal prison.

He does occasional interviews where he says he’s really sad about being in prison. And he’s mad at those meanies who did mean stuff to him. Like: enforce the law. Those meanies who stopped him from getting money and/or favors for DOING HIS JOB.

I’m so angry about this!

Yes, it was years ago, and I haven’t officially lived in Illinois in a long time. But still: this was my home, my family lives there, and I’m SO TIRED of politicians just shitting all over it. (Not sorry for that profanity – it is the best expression to reflect the situation.)

And if this is sounding oddly familiar, like something you have recently heard: Yes. You have.

The testimony the assorted witnesses gave, and the written notes on the phone call Trump made (not a transcript – be wary of anyone who either champions or tears it down and calls it a transcript) to the Ukrainian President. You can find it here, released from the White House: White House PDF copy.

Yes, there will be lots of pundits, lots of politicians and lobbyists with personal interests, and of course lots of lawyers who will put their own spin on this. Everyone wants to throw issues all over the place, to confuse all of us at home.

But remember: it’s easy.
Don’t over-complicate things.

Bribery: Part One

Bribery is “the offer or acceptance of anything of value in exchange for influence on a government/public official or employee.”

What was offered? Look at page two, the second paragraph marked The President. He’s pointing out the US is the only country doing their part to support Ukraine, really digging into the idea that Ukraine does not have anyone else that will help them.

Support how? Ukraine is having a war with Russia – Russia invaded them, and they need military assistance, money, arms, training, supplies – all the stuff you need when you are waging war. (It’s really expensive to wage war; that’s why so many military-industrial companies want All War All The Time – they are making serious cash from the death and destruction. That’s not vital here, but good to keep in mind.)

How much cash are we talking about? Apparently, nearly $400 million dollars.

Again, this is a new Ukrainian president. His country has been invaded. His people are at war. People are dying, buildings are being destroyed – the usual bad things in war. The support he wants to be able to count on from the countries in the EU and NATO – the organizations there to stand up the the Russian threats – is vital. The $400 million from the US is vital. He must have these things.

Look back to the bribery definition: the offer of anything of value.

Think for yourself: does the President of Ukraine, in this situation, value that American money and support?

Yes. Unquestionably yes.

So, that’s ticked off. Yes, the offer of something valuable was made.

Bribery, Part Two

And then there is the second part: “… in exchange for influence on a government/public official or employee.”

I can offer stuff all day long – even super valuable stuff! Hey, I’ll share my VERY FAVORITE turmeric bliss flavored tea with you! I’ve got lots!! You can have some!! (I love this tea, and it’s not always at Target, so I horde it when I find it on sale for $3/box. It could reasonably argued that in my mind, this is indeed something of value under the law.)

And, no problem here. I can hand out bags of tea – or hundreds of millions of dollars of taxpayer money – and I’m just here to make friends and do good stuff. I’m giving things away, and feeling pleased with myself for doing it. Yay, Me!

But the problem comes when I ask for something in return. If I call a federal legislator, who has the opportunity to vote on funding for an important library issue and say “Hey, I’ll give you a one of my teabags of turmeric bliss tea. Heck, I’ll give you a whole box! But you have to vote to fund this Important Library Issue that is super important to me.”

DING, DING, DING! I’ve just committed federal bribery!

What do I win? Impeachment! Criminal prosecution! A lengthy stay in one of the less-attractive federal prisons, from which there is no parole! (If you have not spent time in jails and/or prisons, I’ll just sum it up by saying: Bad. You definitely do NOT want to join me in my lengthy prison stay!)

Remember: Don’t Over-Complicate Things. Leave that to pundits, who get paid to generate discussion and controversy, and to the politicians who all have something to gain from shrieking out their individual perspectives.

Just. Read. The. Words.

Page three, first paragraph, first line. This comes AFTER the offer of valuable stuff. ” I would like you to do us a favor though…”

And, DING DING DING!

We’re done.

Ahhhh….I envy future students of law and politics. There is no gray area here. No twisty facts. When they spend a semester in class reading this case (and I promise you that this will be a required class for many students in the future!), this document released by the White House will make it all so clear.

Bribery – parts one and two of the definition, check out. Hard yes. This did happen.

(Click below to go to page three!)