What the impeachment report really said

U.S. Senate holds impeachment trial

Michael Tracey of Real Clear Politics is probably one of the few people who read the House Judiciary Committee’s 658-page impeachment report.

The basis of the report is not just that President Trump abused the power of his office to harm his political rival, Joe Biden.  It is that his pause of military aid to Ukraine was actually a “betrayal of the nation” because it helped Russia.

The rhetoric reminds me of Senator Joe McCarthy in the 1950s and his “twenty years of treason.”  McCarthy said U.S. foreign policy toward the Soviet Union was not only wrong, but a conscious betrayal by Communist sympathizers, up to and included General George C. Marshall.

The impeachment report contains the same rhetoric.  According to Tracey, the report uses the phrase “impeachable treason” and states, “At the very heart of ‘Treason’ is deliberate betrayal of the nation and its security.”

“Such betrayal would not only be unforgivable,” the report’s explication of treason reads, “but would also confirm that the President remains a threat if allowed to remain in office. A President who has knowingly betrayed national security is a President who will do so again. He endangers our lives and those of our allies.”

This language is then imported into the impeachment articles almost verbatim: “Wherefore President Trump, by such conduct, has demonstrated that he will remain a threat to national security and the Constitution if allowed to remain in office.”

The report mostly uses the word “betrayal” rather than “treason” because treason has a specific Constitutional definition.  Treason consists of fighting for an enemy in time of war or giving “aid and comfort” to the enemy in time of war.  Conviction of treason requires confession by the accused or testimony of two independent witnesses of the treasonous act.

Although the Constitution gives the President the authority to determine foreign policy, subject to the advice and consent of the Senate on treaties and major appointments, the report does not recognize that authority.

 It accuses Trump of going against the official “national security policy” of the United States, which supposedly is determined by the national security bureaucracy and not by the President.

This is consistent, it says, with Trump requesting help from Russians in the 2016 election.  So the Russiagate accusations are folded into the new accusations.

Democrats who voted for these impeachment articles voted not simply to punish Trump for soliciting an investigation of Biden.  Rather, they also voted to impeach him for committing treason at the behest of Russia.

And in turn, they ratified a number of extremely fraught New Cold War assumptions that have now been embedded into the fabric of U.S. governance, regardless of what the Senate concludes.

It’s crucial to emphasize that this is the first impeachment in American history where foreign policy has played a central role.

As such, we now have codified by way of these impeachment articles a host of impossibly dangerous precedents, namely:

1) The U.S. is in a state of war with Russia, a nuclear armed power;

2) the sitting president committed treason on behalf of this country with which the U.S. is in a state of war;

3) the president lacks a democratic mandate to conduct foreign policy over the objections of unelected national security state bureaucrats.

So the articles of impeachment are not just an indictment of President Trump.  They are an attempt to define objection to U.S. war policy as treasonous and not subject to debate.

I have a low opinion of Trump.  I wouldn’t vote for him.  But if Trump could de-escalate the new cold war with Russia, I wouldn’t be opposed just because it was Trump doing it.

I’m not so hellbent on getting rid of him that I want to elevate the unelected national security agencies to the status of a fourth branch of government.

LINK

Democrats Dubious Impeachment Subtext of Treason by Michael Tracey of Real Clear Politics.  (Hat tip to Naked Capitalism).  The whole thing is well worth reading.

Images: Palmer Report, R  Street.

 

Tags: Donald Trump, Impeachment, Treason, Ukraine