FacebookTwitterRedditEmail

Congress Must Hold President Trump Accountable!

Here is an abridged version of a letter sent on June 22, 2020, by me and two constitutional law experts Bruce Fein and Lou Fisher, to House Speaker Nancy Pelosi, House Judiciary Committee Chairman Jerald Nadler, and the Committee’s Vice Chairman, Jamie Raskin. It touches on where Congress has not exercised its constitutional authority to hold Trump accountable under the law.

***

Dear Madam Speaker, Mr. Chairman, and Mr. Vice Chairman:

Former national security adviser and ultra-hawk John Bolton’s disparagement of the articles of impeachment voted against President Donald Trump as “impeachment malpractice” in The Room Where It Happened may be viewed as a rebuke to Congress for failing to discharge its duty and powers to enforce constitutional observance (e.g., impeachment, stiff fines for flouting congressional subpoenas) that has fortified limitless executive power which Mr. Trump recklessly brandishes daily. Impugning Mr. Bolton’s motives does not impeach his impeachment facts or testimony revealing Mr. Trump’s serial impeachable offenses.

We had urged a broader 12-count article of impeachment indicting the full spectrum of Mr. Trump’s alarming extraconstitutional behavior which Congressman John Larson printed in the Congressional Record – H 12197 on December 18, 2018. Among other things, the proposed article assailed presidential violations of the Declare War Clause, the Treaty Clause, the Appointments Clause, the Take Care Clause, and the Appropriations Clause, in addition to crippling the plenary congressional power of oversight and investigation.

Book excerpts printed in The New York Times reveal credible evidence of several additional impeachable offenses requiring House subpoenas to Mr. Bolton and Mr. Trump to testify in public under oath to unearth the truth. According to Mr. Bolton, President Trump solicited illegal foreign assistance for his 2020 presidential campaign by asking the President of the People’s Republic of China, Xi Jinping, to purchase billions of dollars of wheat and soybeans from American farmers to win their political favor (52 U.S.C. 30121). Mr. Trump asked for that foreign assistance from President Xi in exchange for Mr. Trump’s desisting from sanctions against Chinese officials under the Global Magnitsky Human Rights Accountability Act because of China’s persecution of Uighurs, which constitutes bribery under 18 U.S.C. 201.

Mr. Trump obstructed justice in interceding to lighten penalties against ZTE for flouting sanctions against North Korea, among other things. These impeachable offenses are probably only the tip of the iceberg.

In our capacity as citizens of the Republic, is it too much to expect the House to enforce constitutional observance though the powers of impeachment, subpoenas, contempt, or otherwise? At a minimum, the House should subpoena Mr. Bolton and Mr. Trump to testify about the foregoing new impeachable offenses and others if they surface in the interim. Mr. Bolton volunteered to testify before the Senate at Mr. Trump’s impeachment trial but was not called. He did not agree to testify before the House during its impeachment investigation because of pending litigation. The House inexplicably neglected to subpoena him. The law and precedent are clear. In conducting an impeachment investigation, the House has a right to every person’s evidence whether of the President, of the incumbent or former White House officials, or others.

In 1974, the House Judiciary Committee voted an article of impeachment against President Richard Nixon for flouting a subpoena. The article would have been approved by the full House absent Mr. Nixon’s resignation precipitated by his anticipated certain conviction in the Senate. (The United States Supreme Court also held that presidential tapes were fair game for the judiciary in the United States v. Nixon, 418 U.S. 683 (1974)). President Gerald Ford testified before the House Judiciary Committee about his pardon of Mr. Nixon to dispel suspicion of a quid pro quo for President Nixon’s resignation.

What your stewardship of the Constitution requires is manifest. With dismay, we have witnessed too many Executive Branch and congressional defectors from the Constitution. You should lead them back. Regular constitutional order must be restored, including curing the multiple violations enumerated in our proposed 12-count impeachment article (H 12197).

“We the People of the United States” deserve leadership, not spectatorship. Our constitutional handiwork is in peril.

House hearings are urgent.

More articles by:

Ralph Nader is a consumer advocate, lawyer and author of Only the Super-Rich Can Save Us! 

August 06, 2020
H. Bruce Franklin
How the Fascists Won World War II
Robert Jacobs – Ran Zwigenberg
The American Narrative of Hiroshima is a Statue that Must be Toppled
Howie Hawkins - Madelyn Hoffman
Reverse the New Nuclear Arms Race
Brian Kelly
Ireland and Slavery: Debating the ‘Irish Slaves Myth’
Talli Nauman
Native Americans Win Historic Victories in U.S. High Court Rulings
David Mattson
“Man Attacks Grizzly” and Other Leading Bleeding Stories
Jack Rasmus
US GDP Collapses and Economic Rebound Fades
John Kendall Hawkins
Suffrage: The Myth of Sisterphus
George Ochenski
An Unbelievably Disastrous State of Affairs
George Wuerthner
Trouble in Paradise Valley
Binoy Kampmark
State of Pandemic Disaster: Melbourne Moves to Stage Four
Howard Lisnoff
The ACLU Has Never Done a Damn Thing for Me
Priyanka Singh – Sujeet Singh
Time to Empower the Invisibles: India Awaits a Mental Health Revolution
CounterPunch News Service
Conservationists to Federal Agencies: Restore Protections for Imperiled Wildlife in the Flathead National Forest
August 05, 2020
Roy Eidelson
Black Lives Matter: Resisting the Propaganda of Status Quo Defenders
Melvin Goodman
The Department of Homeland Security: the Ideal Authoritarian Tool
Paul Street
Misleaders at a Funeral: Bill Clinton and Barack Obama Eulogizing Racial Justice in the Name of John Lewis
Seiji Yamada
Hiroshima, Technique, and Bioweapons
Vijay Prashad
How Trump Managed to Lead the World with the Worst Response to the COVID Pandemic
Richard C. Gross
Trump’s Alternative
Jonas Ecke
The Worst Hunger Season Yet to Come: Global Moral Failure in the Time of Covid-19
Rafiq Kathwari
The Battle for Kashmir
Kenneth Surin
Malaysia’s Arch-Kleptocrat is Found Guilty
Medea Benjamin - Nicolas J. S. Davies
U.S. Cold War China Policy Will Isolate the U.S, Not China
Lee Camp
Why Housing Is a Human Right
Sam Pizzigati
For Egalitarians, a Sudden Sense of Possibility
Jonathan Cook
Can Israelis Broaden Their Protests Beyond Netanyahu?
Thomas Knapp
Ten Years After Lieberman’s “Internet Kill Switch,” the War on Freedom Rages On
Binoy Kampmark
Staying on Message: Australia, the US and the AUSMIN Talks
Elliot Sperber
The View From Saturn 
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
FacebookTwitterRedditEmail