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Legal Expert Makes the Case for Trump to Resign — but Why Have So Few Others Demanded He Step Down?

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In a new op-ed for CNN, constitutional law professor F. Michael Higginbotham argued Friday that President Donald Trump should resign from office.

Higginbotham argued in the op-ed that President Richard Nixon’s resignation in the face of his own impeachment could be seen to represent, despite his grave abuses, “an act of patriotism.”

Nixon “protected not only his own historical legacy but also the country he had taken an oath to serve,” Higginbotham wrote. “Donald Trump should follow suit.”

He continued:

Trump should resign so the country can begin the process of healing. The divisions in the country today are even more corrosive than they were in 1974. That’s why it’s even more important that Trump emulate the best of Richard Nixon, who, in a rare moment of grace, understood he could only weaken the nation he led by focusing solely on himself, and chose the better path.

In President Trump’s acceptance speech of the Republican nomination at the Republican National Convention in 2016, he told the nation, “Nobody knows the system better than me, which is why I alone can fix it.” While many mocked the hubris behind that claim, at this moment of national danger it is undoubtedly true: Trump alone can spare the nation the painful ordeal of an impeachment trial in the Senate.

While Trump is written about extensively every single day, such calls are relatively few. For all the tumult, investigation, and fierce partisanship Trump’s presidency has produced, it’s produced surprisingly sparse demands for his resignation. Even as Trump has been impeached by the House of Representatives, and top newspapershave called for the president’s removal, the other option — the only way a president has actually been ousted from office via the impeachment process — remains woefully under-discussed. And though Democrats have occasionally called for the resignation of administration officials such as Attorney General Bill Barr and Education Secretary Betsy DeVos, they seem hesitant to take the same step for the president himself. Instead, they often call on him to stop creating division and “lead” the country.

But “leading the country” is exactly what Trump has repeatedly proven himself incapable of doing.

What’s odd about the relative dearth of calls for is that Trump’s conduct clearly merits it. I’ve argued that calling for Trump’s resignation was the Democrats’ best move since they took the House of Representatives. And if, as many do, you think it’s appropriate for Trump to be impeached or removed, you should probably also think that it would be best if he just stepped down without all the conflict. In fact, it would be reasonable to argue that Trump should resign, but that an ultimately doomed impeachment process is too disruptive for the country. So in theory, there should be more support for Trump’s resignation than there is for his removal.

So why aren’t we deluged with calls for Trump’s resignation? CNN host Chris Cuomo’s response to the Higginbotham piece probably sums up the explanation:

Everyone assumes — almost certainly correctly — that Trump will never agree to resign the presidency. He hates admitting failure, he loves the adulation the office provides, and he fears the potential legal consequences of no longer being protected from prosecution. Nixon was a monster with a devoted base of support, but he realized eventually that it was time to throw in the towel. It’s nearly impossible to imagine a plausible scenario in which Trump does the same — and not just because the Republican Party seems even more devoted to the current president than it was to Nixon. He won’t even admit that his phone call with Ukrainian President Volodymyr Zelensky was far from “perfect,” even though this admission could have helped him.

But the fact that Trump would almost never agree to resign doesn’t mean we should ignore the obvious fact that he should. Ignoring this option lets Trump off the hook for his own responsibilities, and it lowers the bar for the presidential standard of behavior.

Many Republicans have spoken out against impeachment by citing the fact that it will be divisive for the country and create more animosity or tension. By calling for resignation as a potential alternative to impeachment, Trump’s critics could point out that any resulting division from impeachment proceedings is at least as much the fault of the president. Democrats could argue that Trump’s behavior forced them to pursue impeachment, but if he were gracious and cared about the country, he could bring it to a peaceful end.

This reframes the discourse around Trump’s impeachment in a useful way, especially when pressed against Republicans who can’t bring themselves to defend the president’s conduct on the merits. And it exposes and dispenses with the implicit idea that Democrats are the only actors responsible for preserving constitutional government; that obligation falls just as heavily on the shoulders of Trump and the Republicans.

 

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COMMENTARY

Trump Starts Weekend Early After Griping Workers Get Too Many Days Off

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After stalling on a decision in the escalating Middle East crisis and delaying action—some say potentially in defiance of federal law—on the congressionally mandated TikTok ban, President Donald Trump, facing sliding poll numbers, a widely criticized budget bill on the brink of collapse, a looming debt ceiling showdown, and apparent tensions with his Director of National Intelligence, is heading to his Bedminster golf resort for a MAGA dinner and an early weekend likely to include several rounds of golf.

The decision to leave the White House early on Friday comes after he left the G7 early this week, reportedly to make a decision on whether or how to help Israel attack Iran. His former chief strategist, Steve Bannon, jokingly said Trump exited the conference with top world leaders because he was “bored,” The Hill reported.

The President is slated to exit the White House at 2 PM Friday.

READ MORE: ‘People Will Die’: Shock Over Trump Shutting Down LGBTQ Youth Suicide Hotline Is Growing

“With the world on edge, the president’s early departure underscores a pattern critics say reflects misplaced priorities, favoring fundraising and familiar retreats over the day-to-day demands of governance,” MeidasTouch News reported.

The long weekend also comes just hours after President Trump denounced “too many days off” for federal and other workers, a remark he made on Juneteenth, a federal holiday signed into law by President Joe Biden in 2021. Trump had campaigned on passing the legislation to honor and celebrate the day that symbolizes the end of slavery, but made no mention of it this year.

“Too many non-working holidays in America,” Trump decried Thursday evening.

“I know this is a federal holiday.” White House Press Secretary Karoline Leavitt told reporters on Thursday. “I want to thank all of you for showing up to work. We are certainly here. We’re working 24/7 right now.”

This week, in addition to meeting with his national security team, and an “awkward” meeting with players of the Juventus soccer team, Trump presided over the installation of two 88-foot flag poles and the raising of massive American flags at the White House.

READ MORE: ‘Make Asbestos Great Again?’: Trump Slammed for Move to End Ban on Russia-Tied Carcinogen

Trump’s long weekend also comes just one week after millions protested his policies across all 50 states and internationally on Saturday, while he attended a military parade celebrating his and the U.S. Army’s birthdays, and after a tragic political assassination of a Democratic lawmaker and her spouse.

It also comes one week after Trump appeared to make a major about-face, saying farm, hotel, and restaurant workers are valuable and extremely difficult to replace. He suggested that ICE would pause targeting those workers, only to turn around just days later to announce “the largest mass deportation program in history.” The pause on deportations was canceled, leading one notable political commentator and legal analyst, Joyce Vance, to wonder if Trump is actually in charge.

“Who’s running the show?” she asked, suggesting someone may have “countermanded” him on the deportations. “Who’s in charge? Trump or someone else?”

READ MORE: Trump Appears to Confuse America’s Revolutionary War With the Civil War

 

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COMMENTARY

‘The Generals Stay Silent’: Experts Alarmed as Trump Politicizes Army at Fort Bragg Rally

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Military and political experts, veterans, and journalists are condemning President Donald Trump’s political rally at Fort Bragg on Tuesday, warning he crossed a critical line by delivering overtly political and authoritarian-themed remarks before U.S. Army troops. They also expressed alarm that uniformed soldiers appeared at ease booing his political opponents—another troubling breach of military norms. Some now say the time has come for generals to publicly speak out.

The commander in chief entered the event to “Hail to the Chief,” and as he took to the stage, his “MAGA anthem,” “Proud to Be an American,” played. For nearly one hour, in about 9,000 words, Trump delivered a political stump speech. He attacked his political opposition, Democrats, including President Joe Biden and his administration, California Governor Gavin Newsom (“Newscum”) and L.A. Mayor Karen Bass. He attacked transgender Americans. He attacked the Democratic U.S. Senators who opposed the nomination of Pete Hegseth for Defense Secretary, calling them “a very hostile group of people that I think really don’t want to see America be great again.”

He got the soldiers to boo “the fake news” media, and President Joe Biden. He told them the 2020 election was “rigged and stolen.”

READ MORE: ‘Show. Us. The. Plan.’: Pentagon Chief Ripped for Dodging Budget Details in Heated Hearing

He attacked the people in Los Angeles protesting his deportation policies, describing it as “anarchy,” while telling the soldiers that defending their  civil rights was not the reason Americans fought overseas:

“Generations of army heroes did not shed their blood on distant shores only to watch our country be destroyed by invasion and third world lawlessness here at home like is happening in California. As Commander in chief, I will not let that happen. It’s never going to happen. What you’re witnessing in California is a full-blown assault on peace, on public order and on national sovereignty carried out by rioters bearing foreign flags with the aim of continuing a foreign invasion of our country.”

He thanked the generals, and mentioned some by name. He talked about “the real generals,” as opposed to the ones Americans see on television.

Critics are warning of grave consequences.

“This is the most unacceptable and egregious politicization of our troops we’ve ever seen,” wrote veterans’ activist Paul Rieckhoff, an Army combat veteran, responding to video of Trump getting the soldiers to boo the press, President Joe Biden, and the mayor of Los Angeles.

“And it’s not a one off. It’s a strategy,” added Rieckhoff, who is also the founder of Iraq and Afghanistan Veterans of America (IAVA). “And one we’ll see in full and dangerous display this weekend at his military birthday parade for himself. Trump wants the world to think our great military is HIS military. And wants to coerce and manipulate troops into making them think it is too. And driving down their public trust and approval by the minute. Trump has created America’s greatest civil-military relations crisis since the Civil War. And it’s just getting started.”

Retired U.S. Army lieutenant colonel Alexander Vindman, a former Director of European Affairs for the National Security Council (NSC), warned: “America’s Generals and Admirals are terrified. They are cowed. They seem unlikely to hold the line and live up to their oaths to serve the U.S. Constitution.”

Lamenting that “the Generals stay silent,” he added: “Our democracy is in great danger. This morning I wonder if we crossed a line and there’s no going back.”

Army combat veteran Fred Wellman, a graduate of West Point and the Harvard Kennedy School who is now the host of the podcast “On Democracy.” responded to Vindman by saying, “The silence is deafening.”

READ MORE: Trump Mixes Up World Wars, Days, Civil Rights in Latest Remarks

Retired U.S Army lieutenant general Russel L. Honoré, who served as the commander of Joint Task Force Katrina, blasted Trump’s speech: “Damn @POTUS Speech At #FortBragg  was inappropriate, criticizing previous administration, and Generals while speaking to troops , I never witnessed that S..t like this in 37 years in Uniform.”

Author and former Under Secretary of State Richard Stengel observed, “Unlike other militaries, American soldiers do not swear an oath to the state, or a person, or a monarch, but to the Constitution. Trump calls them ‘his’ military—but they are ours, and they swear to ‘support and defend the Constitution,’ not one man.”

Tom Nichols, a retired U.S. Naval War College professor and Russia expert, at The Atlantic targeted the generals for staying silent.

He wrote, “senior officers of the United States military have an obligation to speak up and be leaders. Where is the Army chief of staff, General Randy George? Will he speak truth to the commander in chief and put a stop to the assault on the integrity of his troops? Where is the commander of the airborne troops, Lieutenant General Gregory Anderson, or even Colonel Chad Mixon, the base commander?”

“Where is the chairman of the Joint Chiefs, General Dan Caine? He was personally selected by Trump to be America’s most senior military officer. Will he tell the man who promoted him that what he did today was obscene?”

Retired U.S. Army General Barry McCaffrey, often seen on cable news, called Trump’s speech “a disgraceful politicization of the active Armed Forces. He is the Commander in Chief. The only loyalty of the Armed Forces is to the Constitution. Their focus is on protecting America from foreign enemies. Grave danger.”

Watch the video above or at this link.

RELATED: ‘Doesn’t Even Know Who He’s Talking to’: Newsom Scorches Trump Over Military Deployment

 

Image via Reuters

 

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COMMENTARY

Trump Mixes Up World Wars, Days, Civil Rights in Latest Remarks

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President Donald Trump made a series of inaccurate claims in his remarks on Tuesday, conflating World War I and World War II, incorrectly suggesting he spoke with the governor of California on Monday when it was just after midnight Saturday morning, and asserting—contrary to the First Amendment—that protests, even peaceful ones, can be shut down with “heavy force.”

During remarks to reporters in the Oval Office, Trump was asked when he last spoke with California Governor Gavin Newsom. “A day ago,” he said Tuesday afternoon, which was three and a half days after the governor confirmed his phone call. Trump also confirmed the call by sending a screenshot to a Fox News reporter. The screenshot read June 7, 1:23 AM.

“Recently, other countries celebrated the victory of World War I, France was celebrating, really,” Trump told troops at Fort Bragg on Tuesday afternoon. “They were all celebrating. The only one that doesn’t celebrate is the USA and we’re the ones that won the war. Without us, you’d all be speaking German right now. Maybe a little Japanese thrown in. But we won the war.”

RELATED: ‘Doesn’t Even Know Who He’s Talking to’: Newsom Scorches Trump Over Military Deployment

The United States was part of a coalition during both WWI and WWII. Trump was speaking about WWI, but then claimed, “Without us, you’d all be speaking German right now. Maybe a little Japanese.”

That’s a reference to World War II—Japan was on the side of the Allies, with the U.S., in WWI.

Also on Tuesday, Trump declared that anyone caught protesting his controversial military parade on Saturday will be met with “very heavy force,” despite the First Amendment to the U.S. Constitution clearly protecting political protests.

READ MORE: ‘Show. Us. The. Plan.’: Pentagon Chief Ripped for Dodging Budget Details in Heated Hearing

“We won the war, and we’re the only country that didn’t celebrate it, and we’re going to be celebrating big on Saturday,” Trump claimed. Veterans Day was initially created as Armistice Day to honor those who died in World War I.

“And if there’s any protestor that wants to come out, they will be met with very big force. By the way, for those people that want to protest, they’re gonna be met with very big force. And I haven’t even heard about a protest, but, you know, this is people that hate our country, but they will be met with very heavy force.”

The First Amendment protects both political speech and the right to “petition the government for a redress of grievances.”

Trump did not state “violent protestors,” or “rioters.” He said “any protestor.”

Watch the videos above or at this link.

READ MORE: ‘Subterfuge’: Noem Push a ‘Prelude’ to Invoking Insurrection Act, Experts Warn

 

Image via Reuters

 

 

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