By Dr Arshad M Khan
Robert Mueller let loose a thunderbolt midweek. Donald Trump had not been charged, he said, because it was Department of Justice policy not to charge a sitting president. Dumping the issue firmly into Speaker Nancy Pelosi’s lap, he reminded us of the purpose of the impeachment process. According to Mueller there are ten instances where there are serious issues with the president obstructing justice adding that his report never concludes that Trump is innocent.
So here is a simple question: If Mueller thought the president is not innocent but he did not charge him because of Justice Department policy, and he appears also to favor impeachment, then why in heaven’s name did he not simply state in his report that the preponderance of evidence indicated Trump was guilty?
Nancy Pelosi is wary of impeachment. According to the rules, the House initiates it and when/if it finds sufficient grounds, it forwards the case to the Senate for a formal trial. The Senate at present is controlled by Republicans, who have been saying it’s time to move on, often adding that after two years of investigation and a 448-page report, what is the point of re-litigating the issue? They have a point and again it leads to the question: if Special Counsel Mueller thinks Trump is guilty as he now implies, why did he not actually say so?
Never one to miss any opportunity , Trump labels Mueller, highly conflicted, and blasts impeachment as ‘a dirty, filthy, disgusting word’, He has also stopped Don McGahn, a special counsel at the White House from testifying before Congress invoking ‘executive privilege’ — a doctrine designed to keep private the president’s consultations with his advisors. While not cited anywhere in the Constitution, the Supreme Court has held it to be ‘fundamental to the operation of government and inextricably rooted in the Separation of Powers under the Constitution.’ Separation of powers keeps apart the executive branch, the legislature and the judiciary, meaning each one cannot interfere with the other.
Nancy Pelosi is under increasing pressure from the young firebrands. Rep Alexandra Ocasio-Cortez has already expressed the view that it is time to open an impeachment inquiry against Trump given the obstruction of lawmakers’ oversight duty.
Speaker Pelosi is a long-time politician with political blood running through her veins — her father was Mayor of Baltimore and like herself also a US Representative. To her the situation as is, is quite appealing. Trump’s behavior fires up Democrats across the country and they respond by emptying their pockets to defeat the Republicans in 2020. Democratic coffers benefit so why harm this golden goose — a bogeyman they have an excellent chance of defeating — also evident from the numbers lining up to contest the Democratic presidential primaries, currently at 24.
Will Trump be impeached? Time will tell but at present it sure doesn’t look likely.
Dr Arshad M Khan (http://ofthisandthat.org/index.html) is a former Professor based in the U.S. whose comments over several decades have appeared in a wide-ranging array of print and internet media. His work has been quoted in the U.S. Congress and published in the Congressional Record.