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The spiraling president adds self-impeachment to his repertoire
WASHINGTON
— Donald Trump, an ongoing eruption of self-refuting statements (“I’m
a very stable genius” with “a very good brain”), is adding
self-impeachment to his repertoire. Spiraling downward in a tightening
gyre, his increasingly unhinged public performances (Google the one
with Finland’s dumbfounded president looking on) are as alarming as they
are embarrassing. His decision regarding Syria and the Kurds was made
so flippantly that it has stirred faint flickers of thinking among
Congress’ vegetative Republicans.
Because frivolousness and stupidity are neither high crimes nor
misdemeanors, his decision, however contemptible because it betrays
America’s Kurdish friends, is not an impeachable offense. It should,
however, color the impeachment debate because it coincides with his
extraordinary and impeachment-pertinent challenge to Congress’
constitutional duty to conduct oversight of the executive branch.
Aside from some rhetorical bleats, Republicans are acquiescing as
Trump makes foreign policy by and for his viscera. This might, and
should, complete what the Iraq War began in 2003 — the destruction of
the GOP’s advantage regarding foreign policy.
Democrats were present at the creation of Cold War strategy. From
Harry Truman and Dean Acheson through Sen. Henry Jackson and advisers
such as Max Kampelman and Jeane Kirkpatrick,
they built the diplomatic architecture (e.g., NATO) and helped to
maintain the military muscle that won the war. But the party fractured
over Vietnam, veering into dyspeptic interpretations
of America’s history at home and abroad, and a portion of the party
pioneered a revised isolationism. Conservative isolationism had said
America was too virtuous for involvement in the fallen world.
Progressive isolationism said America was too fallen to improve the
less-fallen world.
Hence Republicans acquired a durable advantage concerning the core
presidential responsibility, national security. Durable, but not
indestructible, if Democrats will take the nation’s security as
seriously as Trump injures it casually.
Trump’s gross and comprehensive incompetence now increasingly
impinges upon the core presidential responsibility. This should, but
will not, cause congressional Republicans to value their own and their
institution’s dignity, and exercise its powers more vigorously than they
profess fealty to Trump. He has issued a categorical refusal to supply
witnesses and documents pertinent to the House investigation of whether
he committed an impeachable offense regarding Ukraine. This refusal,
which is analogous to an invocation of the Fifth Amendment
protection against self-incrimination, justifies an inference of
guilt. Worse, this refusal attacks our constitutional regime. So, the
refusal is itself an impeachable offense. As comparable behavior was
in 1974. Then, the House articles of impeachment against Richard Nixon
indicted him for failing “without lawful cause or excuse to produce
papers and things as directed by duly authorized subpoenas issued by” a
House committee, and for having “interposed the powers of the
presidency against the lawful subpoenas” of the House.
If Trump gets away with his blanket noncompliance, the Constitution’s
impeachment provision, as it concerns presidents, will be effectively
repealed, and future presidential corruption will be largely immunized
against punishment.
In
Federalist 51, James Madison anticipated a wholesome rivalry and
constructive tension between the government’s two political branches:
“Ambition must be made to counteract ambition. The interest of the man
must be connected to the constitutional rights of the place.”
Equilibrium between the branches depends on “supplying, by opposite and
rival interests, the defect of better motives.” But equilibrium has
vanished as members of Congress think entirely as party operatives and
not at all as institutionalists.
Trump is not just aggressively but lawlessly exercising the interests
of his place, counting on Congress, after decades of lassitude regarding
its interests, being an ineffective combatant. Trump’s argument,
injected into him by subordinates who understand that absurdity is his
vocation, is essentially that the Constitution’s impeachment provisions are unconstitutional.
The canine loyalty of Senate Republicans will keep Trump in office. But
until he complies with House committee subpoenas, the House must not
limply hope federal judges will enforce their oversight powers.
Instead, the House should wield its fundamental power, that of the
purse, to impose excruciating costs on executive branch noncompliance.
This can be done.
In 13
months all congressional Republicans who have not defended Congress by
exercising “the constitutional rights of the place” should be defeated.
If congressional Republicans continue their genuflections at Trump’s
altar, the appropriate 2020 outcome will be a Republican thrashing so
severe — losing the House, the Senate and the electoral votes of, say,
Georgia, Arizona, North Carolina and even Texas — that even this party
of slow-learning careerists might notice the hazards of tethering their
careers to a downward-spiraling scofflaw.
Washington Post Writers Group

GEORGE WILL
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