Could Trump’s Bizarre Cabinet Meeting Be Part of His Overall Obstruction of Justice Pattern

Bizarre cabinet meeting, in which all members effusively praise Trump.

Brilliant satire from Chuck Schummer.

 

And, the 25th Amendment says that certification by a majority of the Cabinet is a step in the process of removal for inability to perform duties.

The Cabinet command performance has surely just made it harder for the Cabinet to make sure certification, and the question is whether this was done with intent.  If so, yet another part of an abusive pattern of hanging on to office.  To continue an obstruction pattern, you have to stay in power.

I would note that the Amendment provides Congress with the power to name an alternative body to play this role.

 

 

“Rants From The Madman”

Famously, when Jimmy Carter was president, the Boston Globe “accidentally” ran a headline over an editorial that read: “Mush From the Wimp.”  There was no Internet to make it go viral, but today surely it would.

Today, to label Trump’s tweets as “rants from the madman” seems almost an understatement, and there is already plenty of obvious commentary.  So here are some addition questions:

When will be start seeing resignations from the national security team?

Is the legal team now obliged to formally withdraw representations that they have made to the Fourth, and Ninth Circuits, and to the Supreme Court.  Remember, lawyers can not make affirmative mis-representations to a court.

Will we see resignations from the Solicitor General’s Office, or just an inability to find staff to do the work?

Is there any chance that the Supreme Court will now grant review in the “travel Ban case.”  The risk of them being dissed during the process, such as after hearing, or after decision, is great.  If I were Roberts, I would take no action till the Ninth Circuit agrees with the Fourth (as it surely will), and then see if I have seven or more votes to put the President firmly in his place.  If not, I would do nothing, at least till there is a split from another Circuit.  I do not see how the Court can afford to be seen to be baling Trump out after today.  And, a 5-4 either way would be an absolute institutional disaster for the Court (US v. Nixon was 9-0).

Does the almost systematic dissing of one cabinet member after another mean that a 25th Amendment majority is starting to build up?  What is Pence thinking tonight.

Many previously loyal Republican commentators seem numb tonight.  Republican politicians have fallen largely quiet.  When will they start raising issues of Presidential inability to do the job? 

Finally, whatever else you can say, you can not argue with the fact that each week, things move faster an faster.   Things that would, the prior week, have seemed crazy to suggest, actually happen.

Our brains are lagging indicators.  Like any tipping point, when it comes, it will come quicker than we can possibly expect.

 

Why Did Sessions Not Report His Russian Contact to the FBI?

According to the Washington Post:

One of the meetings was a private conversation between Sessions and Russian Ambassador Sergey Kislyak that took place in September in the senator’s office, at the height of what U.S. intelligence officials say was a Russian cyber campaign to upend the U.S. presidential race.

Given the context, I find it hard to believe that Sessions would not have told State, FBI, CIA or NSA about that contact.  Moreover, surely any sane politician would have written a “memo to file” as a future potential defensive tool.  I would have assumed that they one or more of the above would have known anyway.

I regard the apparent absence of both (or even just a failure to report them by now), as something close of consciousness of guilt — although I have no personal knowledge of such general procedures, or what he did.

This story is just not going to go away.

 

The Party-Switch Way Forward For the Senate

While there are many reasons for the slowness of the institutional response in the political system to Trump, one actually can be fixed quite easily.

Right now, the press are energized, the courts seem to be standing up for judicial supremacy, and the investigatory agencies are still able to get the most disturbing facts before the public.

The problem is that there is no truly independent set of investigations going on, because of the Republican failure.

The simple solution is for three or more senators to shift parties for the purpose of establishing the appropriate investigatory process.  Such a switch, perhaps by McCain, Lindsey and one more, could be limited to the organization of the Senate, and the Rs could still vote with their colleagues on all substantive matters if they wished.  Those three would have to expect to be primaried, but who knows, by the end of this they might be the safest Republican senators.

Anyway, just the threat of this should be enough to get McConnell to back down, set up a true investigation, and allow it to go wherever it goes.  The tax returns alone might be enough.

 

Silver Lining Long Term View

We all know that in the long term, the demographic dynamics will result in this political episode being an aberration — assuming that our political system has the strength to resist the assault on it.  Moreover the collapse of the assault seems to be happening even faster than expected.

What we have not thought about is how the rules will distribute power.  The following are likely:

Elimination of the filibuster,

Reduction of the power of individual senators to delay legislation.

Recognition that a president can play a wider and more unpredictable range of roles.

Limits on the power of the president — unless House and Senate go along.

So, assuming Democratic majorities in House and Senate, and a Democratic President, there would be much less power in the minority to slow things down.  That is what the demographics are ultimately going to give us.

Imagine, if these rules had been in effect in 209 and 2010.  We would have had a decent instead of a patchwork ACA that it would have been much harder for the Republicans to tear down, and the Tea Party might never have gotten traction.

And, think about how different the Supreme Court confirmation process might have been.

The Republicans should be careful what they wish for.