FacebookTwitterRedditEmail

Impeachment: Trump Has Already Confessed to “High Crimes”

Photograph Source: daveynin – CC BY 2.0

Every time a witness testifies behind closed doors in the US House of Representatives’ methodical march toward the impeachment of President Donald Trump, Trump supporters scream “no quid pro quo” while Trump opponents breathlessly inform us that the “smoking gun” has turned up and that impeachment is now “inevitable.”

What’s with all this “smoking gun” stuff? The decision to impeach is political, but in terms of evidence, it’s already a lock. President Trump publicly confessed to multiple “high crimes” before House Speaker Nancy Pelosi (D-CA) even announced the impeachment inquiry, then threw in a corroborating White House document.

Readers, meet Article VI of the US Constitution:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land …”

And now let us consult a lesser-known document, the US government’s  Treaty With Ukraine on Mutual Legal Assistance in Criminal Matters:

“Each Contracting State shall have a Central Authority to make and receive requests pursuant to this treaty. For the United States of America, the Central Authority shall be the  Attorney General or a person designated by the Attorney General. For Ukraine, the Central Authority shall be the Ministry of Justice and the Office of the Prosecutor General. … A request for assistance shall be in writing except that the Central Authority of the Requested State may accept a request in another form in urgent situations.”

Donald Trump is not the Attorney General of the United States, nor has the Attorney General publicly produced a document designating him the US government’s requesting authority under the treaty.

Volodymyr Zelensky is the president of Ukraine, not a principal of its Ministry of Justice or Office of the Prosecutor General.

A request by phone is not in writing, nor are matters years in the past and already subject to substantial investigation “urgent.”

Donald Trump made a request he had no authority to make, to a person he had no authority to make it of, in a form he had no authority to make it in. That’s at least three violations of the “Supreme Law of the Land.”

So, what’s a “high crime?” It may sound like a synonym for “serious crime” — espionage, treason, assassination, that kind of thing — but it’s actually a “term of art”  more concerned with the person committing the act than the act itself.

As Alexander Hamilton put it in Federalist #65, “high crimes”  for purposes of impeachment are “offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.”

Donald Trump’s public trust, per the Constitution, includes “tak[ing] care that the laws be faithfully executed.” Instead, he violated “the supreme Law of the Land,” then publicly confessed to doing so, then corroborated his confession with evidence.

The “smoking gun” has been there the whole time. The rest is just details and politics.

More articles by:

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

August 04, 2020
John Pilger
Another Hiroshima is Coming…Unless We Stop It Now
Dave Lindorff
Unsung Heroes of Los Alamos: Rethinking Manhattan Project Spies and the Cold War
Kenneth Good
Escalating State Repression and Covid-19: Their Impact on the Poor in Kenya
Dean Baker
We Need an Economic Survival Package Not Another Stimulus
David Rosen
Globalization and the End of the American Dream
John Feffer
The Pandemic Reveals a Europe More United Than the United States
Patrick Cockburn
The Government’s Failed Track-and-Trace System is a Disaster for England
Ramzy Baroud
‘Optimism of the Will’: Palestinian Freedom is Possible Now
CounterPunch News Service
Statement From Yale Faculty on Hydroxychloroquine and Its Use in COVID-19
Manuel García, Jr.
Ocean Heat: From the Tropics to the Poles
Sonali Kolhatkar
Why the Idea of Jobless Benefits Scares the Conservative Mind
Greta Anderson
Framing Wolves in New Mexico?
Binoy Kampmark
Pulling Out of Germany: Trump Adjusts the Military Furniture
Shawn Fremstad – Nicole Rodgers
COVID Stimulus Checks Shouldn’t Penalize One-Parent Households
Adam Shah
The 1 Percent’s Attack on Unemployment Benefits is a Sign of Our Broken Democracy
Evaggelos Vallianatos
On the Beauty of Life
B. R. Gowani
Mohammed Rafi: Singer and Human Par Excellence
David Krieger
Eight A-Bomb Haiku
August 03, 2020
Linda Pentz Gunter
The Resistible Rise of Nuclear Gangsters…and Their Downfall
John G. Russell
The Sleep of Reason Produces Monsters
Cal Winslow
Their Heroes and Ours: California’s Health Care Crisis
David Barber
Renouncing White Privilege: A Left Critique of Robin DiAngelo’s “White Fragility”
Linda G. Ford
Free Joy Powell! America’s Political Prisoner for Fighting Police Brutality
Prabir Purkayastha
Trump’s Withdrawal From WHO: a Cover-Up for His Abject Failure on COVID-19
Dean Baker
The Plunge in Consumption of Services Leads to a Record 32.9 Percent Drop in GDP
Ramzy Baroud
Human Rights Defenders: Palestinian Eyewitness Testimony of the Execution of Abdul Fattah al-Sharif by Israeli Soldier, Elor Azaria
Karen J. Greenberg
Accountability is Gone in America
Cesar Chelala
A Wrong Message for the Pandemic
Jonah Raskin
Chesa Boudin: Reformer in the San Francisco DA’s Office
George Wuerthner
Forest Plan Failure in the Montana Rockies
Ralph Nader
Speaker Nancy Pelosi Writes to Me!
Laura Flanders
Take on the Tech Mob Now or Perish
CounterPunch News Service
Conservationists Intervene to Oppose New Dam Project Near the Grand Canyon
Weekend Edition
July 31, 2020
Friday - Sunday
Bette Lee
Tear Gas and Thugs at the BLM Protests in Portland
Rob Urie
Russiagate, Nazis, and the CIA
Jeffrey St. Clair
Roaming Charges: Demon Seed
T.J. Coles
The Space Wars Have Begun
Andrew Levine
Insurgents and Iconoclasts Needed (But for Now Lay Low)
Paul Street
“Time to Say the F-Word”: Why Now?
Matthew Scully
The Triple Antagonist of the Police, Policing, and Policy
Richard D. Wolff
The Consequences of Inequality Can Be Fatal
Richard C. Gross
Feds Give In, Maybe
Erik Molvar
Inside Trump’s Attack on America’s Environmental Charter
W. T. Whitney
“We Charge Genocide:” Forerunner at UN of Black Lives Matter
Brett Wilkins
The Bologna Massacre, the ‘Strategy of Tension’ and Operation Gladio
FacebookTwitterRedditEmail