Posts Tagged ‘Conflicts of Interest’

Has Trump committed impeachable offenses?

September 25, 2017

Impeachable offenses, according to Article II, Section 4 of the Constitution, are “treason, bribery and other high crimes and misdemeanors”.

I happen to believe that President Trump is unpatriotic and dishonest, but I’m not convinced that he has committed an impeachable offense..

What Are Impeachable Offenses? by Noah Feldman and Jacob Weisberg in the current issue of the New York Review of Books, a good review of the law on the topic.

Feldman and Weisberg point out that, back in 1789, a “high” crime did not necessarily mean an extra-serious crime.   A “high” crime was a crime committed by a public official in the performance of their duties.

A crime committed by a President before taking office, even a very serious one, is not an impeachable offense unless it is, in some way, connected with actions while in office.

So even if it could be proved that Russian individuals or intelligence agencies tried to help Trump during the election, that would not necessarily be an impeachable offense.

An impeachable offense would be Trump, once in office, using the power of the Presidency to pay the Russians back for their help.

It also seems to me that a quid pro quo would be almost impossible to prove.

Take Hillary Clinton’s six-figure speaking fees for speaking to Goldman Sachs officers.  Was this bribery?   She challenged anyone to prove that she changed a single vote or made a single decision in return for these fees, and, of course, nobody could.

This was not bribery.   It is simply that the financiers approved of Clinton and her record.

Vladimir Putin made no secret of the fact that he approved of candidate Donald Trump’s hope for better relations between the United States and Russia if Trump were elected.

Maybe he helped Trump by means of leaking hacked e-mails or propagandizing for Trump on social media.   Maybe not.

But even if he did, that is a long way from bribery, treason or other high crimes and misdemeanors.  It is just that he felt good about Trump and his promises.

By the way, treason under Article III of the Constitution is fighting for the enemy or giving aid and comfort to the enemy in time of war.  An act of treason must be an overt act that is witnessed by two people, or is admitted in open court.

The United States has not declared war on Russia, so being friendly to Russia is no more treasonable that being friendly to Saudi Arabia, Israel, China or any other foreign country.

(more…)

Donald Trump, a walking conflict of interest

May 3, 2017

I doubt if Donald Trump could get through a single day, certainly not a single week, without being involved in a conflict of interest.

The Atlantic magazine has drawn up a list of 39 issues (and counting) in which decisions by President Trump will affect the profitability of the Trump Organization.

Maybe the biggest one is the federal investigation of the Deutsche Bank, which holds $300 million in IOUs from the Trump Organization.

U.S. banks wouldn’t give Trump credit after he defaulted on debt when his Atlantic City casinos declared bankruptcy, so he turned to the Deutsche Bank, which is under investigation by the U.S. Department of Justice on charges of  laundering money for Russian mobsters.  Attorney-General Jeff Sessions said he will continue this investigation impartially.  We’ll see,

The Department of Labor and Internal Revenue Service have been conducting investigations as to whether the Trump Organization violated labor law and tax law.   Will these investigations continue?  We’ll see.

The Trump Organization’s lease agreement with the General Services Administration for the Trump International Hotel property contains a provision that no elected official will be part of the lease.  But the GSA has ruled this doesn’t apply to Trump because he’s no longer officially head of the business.  An impartial decision?  Maybe.

Trump’s business is involved in business deals with politicians and close relatives of politicians in India, Indonesia, the Philippines, Turkey, Dubai and Argentina.  Will Trump, if necessary, make decisions that threaten those relationships?  We’ll see.

And then there are daughter Ivanka’s women’s fashion business and son-in-law Jared Kushner’s family real estate businesses.

Never even mind the penny-ante stuff—Donald Trump charging the Secret Service for use of Trump facilities while they guard him and his families.

Any of these conflict would be highly controversial as a stand-alone issue.  The problem is that there are so many issues it is impossible to remember any one of them.

The problem is that there is hardly any decision that Trump or his appointees can make—whether in foreign policy, tax policy, labor policy, environmental policy or consumer protection—that will not in some way affect the profitability of the Trump businesses.

(more…)