Two of the impeachable offenses of which President Donald Trump has been accused — colluding with Russian political interference and working with Michael Cohen to violate campaign finance laws — would directly imply that he was elected as a result of fraud. And according to law professor Michael Glennon of Tufts University, this means that if Trump does get impeached for these alleged high crimes, Vice President Mike Pence must go down as well.
This isn’t just hopeful speculation on Glennon’s part, though it is controversial. He argued in a new Washington Post op-ed that the Constitution should be interpreted to see the vice president and president as a unit when it comes to impeachment based on election fraud.
He noted that, since the time the Constitution’s impeachment provisions were written and ratified, the role of the vice president has been radically altered — particularly because the founding fathers didn’t anticipate the importance of political parties.
“The initial system was designed to select as president and vice president the two individuals most qualified to lead the nation, whatever their political philosophy,” Glennon explained. “It did this by permitting members of the electoral college to cast two votes for the office of president. The individual who received the most votes would be president, and the runner-up, vice president.”
But this led to problems — most notably when Aaron Burr was elected to be Thomas Jefferson’s vice president in 1800 after a fierce campaign.
Glennon said that the 12th Amendment sought to fix this by requiring electors to cast separate ballots for president and vice president. This made unified administrations the most likely electoral outcome, but the change created an overlooked flaw:
Yet the change had critically important — and unnoticed — implications for impeachment. The election of a two-person ticket, rather than an individual, had the potential effect of permitting a vice president and his political party to benefit from electoral fraud by the presidential candidate so long as the vice president himself avoided committing an impeachable offense. A party’s ill-gotten gains — the presidency and all its appointments and prerogatives — would then remain in its hands even though its leader, the president, had been impeached and removed from office. Electoral corruption would still be rewarded.
And punishing election fraud was one of the main purposes of the impeachment provision in the first place, Glennon explained. So, he argued, there is “every reason to believe that after the amendment’s adoption, the Constitution has in this respect continued to mean what it did in 1787: that the presidency ought not be occupied by someone who attains it as the result of a stolen election.”
That means that if Trump’s impeachable crimes helped get him elected, then Pence must be ousted as well. In other words: Say hello to President Nancy Pelosi.
Lawrence Tribe, a Harvard constitutional scholar, was not impressed with this argument.
“This is just wrong as a matter of constitutional law,” he tweeted in response. “There’s a lot to commend Glennon’s reasoning now that vice presidents and presidents are chosen as a team, but as a basis for amending rather than enforcing the Constitution that we currently have.”
While legal scholars debate the constitutional merit of the argument, as a practical matter, observers should recognize that Glennon’s proposed scenario is one of the closest things to a political impossibility that there is. Even assuming that Special Counsel Robert Mueller reveals damning evidence about Trump, it’s still an open question whether enough Republicans in the Senate would ever be willing to vote to remove him.
The idea that Senate Republicans would vote to not only remove Trump but also Pence, thereby making Pelosi president, is even more laughable — especially if the only reason for doing so is a controversial constitutional argument.
Indeed, if we suppose that damning evidence comes out about both Pence and Trump with regard to election-related crimes, this might actually make impeachment less likely, not more. Because if Republicans admitted that Trump’s crimes were impeachable, they’d also have to admit that Pence’s actions were. And that, again, would lead to President Pelosi, a result Senate Republicans absolutely cannot abide. Resistance to the idea of promoting the speaker of the House could force them to excuse both Trump and Pence.
None of this should be taken to diminish Glennon’s well-argued point: Whether the Constitution requires it or not, it does seem perverse to remove a president for election fraud only to leave in place his hand-picked successor. If we have the opportunity to revise the Constitution, fixing this lacuna would be worth considering.
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Democrats Launch ‘Wide-Ranging Investigation’ Into Trump Administration’s ‘Grave Breaches of National Security’
Jared Kushner Expected to Be a Top Target
Rep. Elijah Cummings, the Chairman of the powerful House Oversight Committee, has just announced a “wide-ranging investigation” into what he says are “grave breaches of national security at the highest levels of the Trump Administration.” Cummings has sent the White House an 11-page letter informing them of the investigation into how the White House handles classified information.
The focus will be the White House security clearance process, which will include President Donald Trump’s senior advisor and son-in-law Jared Kushner.
NEW: House Oversight and Reform Cmte. Chairman Cummings announces in an 11-page letter to the White House that the cmte., now led by Democrats, will launch “a wide-ranging investigation” into Trump White House and transition team handling of security clearance process. pic.twitter.com/m7n1RsZrVN
— MSNBC (@MSNBC) January 23, 2019
NBC News reports “more than 130 political appointees working in the Executive Office of the President did not have permanent security clearances as of November 2017, including the president’s daughter, son-in-law and his top legal counsel. Son-in-law Jared Kushner has since obtained a clearance, according to his lawyer, despite reports that he has been targeted for manipulation by foreign governments.”
Image via Wikimedia
This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
Mike Flynn Sentencing Delayed After Judge Blasts Former Trump Security Advisor
‘You Sold Your Country Out’ Judge Tells Flynn
Sentencing for disgraced former National Security Advisor to President Donald Trump, Michael Flynn, has just been delayed.
Judge Emmet Sullivan blasted Flynn, telling him he had sold his country out, and even asked prosecutors if they had considered charging him with treason.
The judge then asked Flynn if he wanted a recess to confer with his attorneys. Flynn said yes. After almost an hour all parties returned and Flynn’s lawyers asked for a sentencing delay, which the judge granted.
Judge Sullivan earlier in the hearting had gone to great lengths to ensure Flynn has no wiggle room to later claim he wasn’t guilty, or the FBI railroaded him, or any other post-sentencing statements, after Flynn had suggested just that.
— TheBeat w/Ari Melber (@TheBeatWithAri) December 18, 2018
Statement during sentencing from the Judge via Vox politics reporter:
Judge Sullivan: “This is a very. Serious. Offense. A high-ranking senior official of the government making false statements to the FBI while on the physical premises of the White House.”
— Andrew Prokop (@awprokop) December 18, 2018
“You were an unregistered agent of a foreign country will serving as the National Security Adviser to the president of the United States!”
“Arguably this undermines everything this flag over here stands for!”
— Andrew Prokop (@awprokop) December 18, 2018
Judge Sullivan to Michael Flynn: “Arguably, you sold your country out.”
— Ryan J. Reilly (@ryanjreilly) December 18, 2018
In a stunning and dramatic development before he sentenced Flynn Judge Sullivan asked prosecutors if they had considered charging him with treason.
He later walked back that question.
Flynn is potentially guilty of other acts not yet charged.
UPDATE: 1:18 PM ET –
Flynn will have several more months without being sentenced. A hearing is now scheduled for March 13, 2019.
Trump Foundation to Shut Down After Charges of Coordinating With Presidential Campaign and Self-Dealing: NY AG
‘Shocking Pattern of Illegality’
The Trump family has just agreed to shut down its Trump Foundation amid charges of “willful self dealing” and coordinating with the Trump presidential campaign, according to the New York Attorney General.
MSNBC’s Ari Melber on air compared the Trump Foundation to “an illegal slush fund.”
— TheBeat w/Ari Melber (@TheBeatWithAri) December 18, 2018
The New York Attorney General states the Trump Foundation “has signed a stipulation agreeing to dissolve under judicial supervision, with review and approval by the attorney general of proposed recipient charities of the foundation’s remaining assets,” NBC News reports.
“Our petition detailed a shocking pattern of illegality involving the Trump Foundation – including unlawful coordination with the Trump presidential campaign, repeated and willful self-dealing, and much more,” the AG added.
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