The Mueller Report Was My Tipping Point

Source: The Atlantic | April 23, 2019 | J. W. Verret

I was a Trump transition staffer, and I’ve seen enough. It’s time for impeachment.

Let’s start at the end of this story. This weekend, I read Special Counsel Robert Mueller’s report twice, and realized that enough was enough—I needed to do something. I’ve worked on every Republican presidential transition team for the past 10 years and recently served as counsel to the Republican-led House Financial Services Committee. My permanent job is as a law professor at the George Mason University Antonin Scalia Law School, which is not political, but where my colleagues have held many prime spots in Republican administrations.

If you think calling for the impeachment of a sitting Republican president would constitute career suicide for someone like me, you may end up being right. But I did exactly that this weekend, tweeting that it’s time to begin impeachment proceedings.

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In time, my work for the transition became awkward. I disagreed with Trump’s rhetoric on immigration and trade. I also had strong concerns about his policies in my area of financial regulation. The hostility to Russian sanctions from the policy team, particularly from those members picked by Paul Manafort, was even more unsettling.

I wasn’t very good at hiding my distaste. We parted ways in October amicably; I wasn’t the right fit. I wished many of my friends who worked on the transition well, and I respected their decision to stay on after Trump won. A few of them even arranged offers for policy jobs in the White House, which I nearly accepted but ultimately turned down, as I knew I’d be no better fit there than I had been on the transition.

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The Mueller report was that tipping point for me, and it should be for Republican and independent voters, and for Republicans in Congress. In the face of a Department of Justice policy that prohibited him from indicting a sitting president, Mueller drafted what any reasonable reader would see as a referral to Congress to commence impeachment hearings.

Depending on how you count, roughly a dozen separate instances of obstruction of justice are contained in the Mueller report. The president dangled pardons in front of witnesses to encourage them to lie to the special counsel, and directly ordered people to lie to throw the special counsel off the scent.

This elaborate pattern of obstruction may have successfully impeded the Mueller investigation from uncovering a conspiracy to commit more serious crimes. At a minimum, there’s enough here to get the impeachment process started. In impeachment proceedings, the House serves as a sort of grand jury and the Senate conducts the trial. There is enough in the Mueller report to commence the Constitution’s version of a grand-jury investigation in the form of impeachment proceedings.

The Founders knew that impeachment would be, in part, a political exercise. They decided that the legislative branch would operate as the best check on the president by channeling the people’s will. Congress has an opportunity to shape that public sentiment with the hearings ahead. As sentiments shift, more and more Republicans in Congress will feel emboldened to stand up to the president. The nation has been through this drama before, with more than a year of hearings in the Richard Nixon scandal, which ultimately forced his resignation.

Republicans who stand up to Trump today may face some friendly fire. Today’s Republican electorate seems spellbound by the sound bites of Twitter and cable news, for which Trump is a born wizard. Yet, in time, we can help rebuild the Republican Party, enabling it to rise from the ashes of the post-Trump apocalypse into a party with renewed commitment to principles of liberty, opportunity, and the rule of law.

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