Should he stay or should he go?

...if he goes, there will be trouble. If he stays, it will be double.
(with apologies to The Clash)

Bill Bramhall

What you can ignore:

• 45's screams of "No Collusion, No Obstruction, Complete and Total EXONERATION"
Robert Mueller's report is scathing. Though he did not find not enough evidence for prosecutable conspiracy charges, Mueller outlined plenty of evidence for obstruction of justice, gave a stomach-churning account of the corruption that oozes from 45's pores, and clearly intended to punt the matter to the United States Congress to take the next steps.

• Everything that Attorney General William Barr has spouted.
He really has no say in the matter. He may be acting as if he is SCROTUS's personal lawyer, which somehow SCROTUS perceives the A.G. to be, but he doesn't have a dog in this fight. It is between us (via the U.S. Congress) and 45. Not only that, but he's lost all cachet. He has no credibility left. He has revealed himself to be just another SCROTUS lackey.

Where do we go from here? We need to do something about the Toddler-in-Chief. When? How?

The evidence for obstruction of justice is plenty. In his report, Mueller's report laid out each suspected act of obstruction and presented the evidence that points to criminal obstruction in a number of cases. Here is a nice chart that lays it out. There are eight obstructive acts that meet all three tests.

And here is that chart maker's further analysis and heat map of each act of obstruction. It helps us to understand each charge and the nuances of evidence.

Because of a Department of Justice rule that sitting presidents cannot be indicted, Mueller declined to make a prosecutorial judgment based on that rule. The Special Counsel is part of the DOJ, so therefore he can't make a prosecutorial judgment. But he clearly states multiple times that 45 cannot be exonerated. We have a criminal in the Whitewash House. That's plain. It's clear that Congress is the body that would be the one to take the helm to impeach and bring charges.

What should Congress do?

Democrats are divided on the question.

There are plenty of people calling for impeachment. Of the major 2020 Presidential candidates, Sen. Liz Warren (D-MA) was the first to call for impeachment. Sen. Kamala Harris (D-CA) and former Rep. Beto O'Roarke (D-TX) agree with her.

On the immediate impeachment side, the argument could be made that it is simply Congress's duty to remove a criminal from office. Each Member of Congress has been sworn to defend the Constitution, and it is their Constitutional job to provide oversight and checks and balances. It's their duty. Pure and simple. But nothing in these days (now Backward Day # 826) is pure or simple. Initially, I was of the mind that impeachment should be pursued immediately because it is the right thing to do, whether politically expedient or not. The President* is a criminal, and no one is above the law. Removing him from office is right. And because leaving him there will embolden him and cause more damage to the country. As Sen. Warren said, “There is no political inconvenience exception to the United States Constitution."

Others called for more investigation, such as Sen. Bernie Sanders (I-VT), Sen. Cory Booker (D-NJ), and Sen. Kirsten Gillibrand (D-NY). Speaker of the House Nancy Pelosi (D-CA), urges caution and more investigation before starting impeachment proceedings, saying "He's just not worth it." I'm not too fond of her reasoning, which seems to be politics first and foremost, but I respect the thought that more investigations and increased public support is perhaps needed before impeachment goes forward. She also feels that the issue will be too divisive. We certainly don't need more division, especially within the Democratic Party. I've gained so much respect for her and her political savvy since the 115th Congress has been sworn in, so I must give her views some props. Joe Lockhart, President Clinton's press secretary, writing in the New York Times, pushes the political motivation further: leaving SCROTUS in office will work to destroy the Republican party altogether. Intriguing thought, but I hate the part that is political, because it cheapens the righteousness of what we need to do.

Bernie has concerns that Congress would not be able to do legislative work if impeachment proceedings go forward, saying:

...if for the next year, year-and-a-half, going right into the heart of the election, all that the Congress is talking about is impeaching Trump and Trump, Trump, Trump, and Mueller, Mueller, Mueller, and we're not talking about health care, we're not talking about raising the minimum wage to a living wage, we're not talking about combating climate change, we're not talking about sexism and racism and homophobia, and all of the issues that concern ordinary Americans, what I worry about is that works to Trump's advantage.

I personally think that argument is hogwash. Our representatives are intelligent and talented. They can multi-task. His view that, as CNN summarizes, "the way you beat Trump is on policy, not on personality," doesn't hold water either. President Pence would put forth the same conservative policies, and it is very much TЯUMP's "personality" that is the problem. He is a dictator-in-the-making, a dangerous force. If it were as simple as arguing healthcare policy and debating minimum wage or racism, we wouldn't be in the pickle we're in. If it were simply about policy, I wouldn't be writing this blog, there wouldn't be protests in the streets, we wouldn't be using the courts to fight against various other questionable acts that 45 has committed. He may be committing new crimes of obstruction and witness intimidation today as he continues his Tweet Attacks. Our very constitutional government is at risk with Individual-1 in office.

Another argument for waiting is that an impeachment by the House is doomed to fail in the Senate, and Baby Man would just have more all-cap cries of "TOTAL EXONERATION!" and become a martyr to his base. If we take our time to fully develop the charges outlined in the report, perhaps we gan garner more bipartisan support for impeachment. Further, the Mueller report outlines only one crime: obstruction of justice. There are plenty of other investigations that are underway, both in the House and in NY state, and those should be allowed to flourish.

Then yesterday, the Washington Post published an elegantly written op/ed by Hillary Clinton. Her arguments for waiting make much sense to me. She looks to our history dealing with Watergate, the 1998 impeachment, and the nation's response after 9/11 in deciding what course of action we should take today. She calls for "being deliberate, fair and fearless" -- all sacrosanct American ideals. She says, "We have to get this right." Truer words have never been written. Rushing to a conclusion may be damaging. Perhaps waiting and investigating further is the right thing to do. It's not purely political to go forward deliberately. Please read her piece.

Hillary calls us all to action:

Of all the lessons from our history, the one that’s most important may be that each of us has a vital role to play as citizens. A crime was committed against all Americans, and all Americans should demand action and accountability. Our founders envisioned the danger we face today and designed a system to meet it. Now it’s up to us to prove the wisdom of our Constitution, the resilience of our democracy and the strength of our nation.

And so, I also entreat you. This is an important debate; we're at a crossroads for our Democracy. You have good thoughts about our next course of action. Please tell your Members of Congress your thoughts and what you would like them to do. They work for you. Here is where to find the contact information for your representatives. Or better yet, enroll with Resistbot. It's easy -- and free -- to send a fax or letter to your MoCs by interacting with Resistbot via text, Twitter, or Facebook Messenger. Do it!

RESIST!



Volume I of Mueller's report, outlining the Russian interference in our 2016 election, was sobering. Stay tuned for LSR's investigation into what steps have been taken so far to ensure that there is no meddling in 2020 and beyond.