Showing posts with label Ukraine Scandal. Show all posts
Showing posts with label Ukraine Scandal. Show all posts

Saturday, December 14, 2019

This Week in Impeachment: Liberals Got an Impeachment, Moderates Got It Their Way

As Republicans have recently become very fond of pointing out, some liberals have been contemplating the impeachment of Donald Trump since the day he was elected president. This wish is now about to be granted. The contents of Robert Mueller's report didn't convince enough Democratic members of Congress that Trump should face impeachment proceedings, but the uncovering of the Ukraine scandal months later proved more persuasive. Trump is now poised to be the third president in history, and second in the modern era, to be impeached by the House of Representatives once final votes are taken on the floor of the House next week.

The key players on impeachment have always been a group of moderate Democrats who represent the pivotal voting bloc in the House, many of them newly elected in 2018 from districts carried or narrowly lost by Trump two years before. When these members opposed impeaching Trump, House speaker Nancy Pelosi gave them public cover, repeatedly arguing that an impeachment that lacked bipartisan support would be a mistake and even quipping that Trump was "just not worth" impeaching. But when a band of leading moderate freshmen responded to Trump's September admission that he discussed Joe Biden with the president of Ukraine by endorsing an impeachment inquiry, Pelosi reversed her position within a matter of hours, immediately setting a process in motion that led to the upcoming vote.

The anti-Trump left would get its impeachment after all, as it turned out, but the specific arrangements would continue to reflect moderate preferences and demands. The House Intelligence Committee would take the lead in fact-finding, rather than the more colorfully combative Judiciary Committee. The articles of impeachment would focus on Ukraine, not other arguably impeachable offenses committed in other subject areas. And the House's business would be wrapped up by the holiday recess, avoiding the risk of popular fatigue that might arise from a lengthier process.

Now that an impeachment vote is imminent, some liberal commentators are expressing dissatisfaction, calling for a slower timetable and a wider scope of investigation. These arguments are tinged with an unmistakable sense of disappointment that the proceedings so far have neither shaken congressional Republicans' defense of Trump nor reduced the president's support in the wider electorate. But a change in course at this stage would almost certainly provoke defection from moderate Democrats worried about looking too partisan. And it's hard to imagine that impeachment would become more popular, or Trump would become less popular, once increasing numbers of congressional Democrats started to peel away.

Pelosi has managed her diverse party caucus with customary skill; while Democratic leaders expect a small number of members to vote no, a number of key moderates from competitive districts are beginning to signal their support, indicating that her approach has resulted in a broadly unified party. But as the process in the House winds down in advance of an anti-climactic acquittal in the Senate, it has somewhat ironically illustrated the validity of a point that Pelosi was fond of making back when she was arguing the other side of the impeachment debate: a merely partisan vote to impeach, whatever its substantive merits, cannot be expected to inflict much political damage on its target. Impeachment carries such historical weight and constitutional resonance that it initially seems like a uniquely potent weapon that will feel exhilarating to wield against a detested opponent. In today's political climate, however, it can easily turn into just one more battle in an ongoing war that is already conducted at a perpetual level of near-maximum intensity.

Some liberals are likely to express frustration that impeachment is wrapping up without causing the president more political pain. But moderates are worried that they would only be risking their own re-election by prolonging the process, and Pelosi has made it clear all along that she's looking out for the perceived interests of the most electorally vulnerable sector of her caucus. And if three months of public disclosures and hearings didn't make a dent in Trump's popularity, it's hardly surprising that these members are now ready to move on.

Sunday, November 17, 2019

This Week in Impeachment: Why Can't Republicans Agree on What Happened with Ukraine?

According to a durable truism of American politics, Republicans find it much easier than Democrats to unite around a single political message. Not all nuggets of conventional wisdom are reliably accurate, but this one has substantial truth behind it: the collective self-definition of the Republican Party as the agent of an ideological movement makes it easier for Republicans to employ a common set of rhetorical themes, while the more coalitional Democrats are routinely speaking to multiple audiences at once. As one satirical headline from The Onion put it, "Democrats Unveil 324 Million New Slogans to Appeal to Each U.S. Resident Individually."

When it comes to the current impeachment inquiry, however, it's the Democrats who are collectively presenting a single theory of the case and the Republicans who are trying, so far unsuccessfully, to find consensus on an alternative argument. The events of this week illustrate the extent of this challenge, and the main sources from which Republican difficulties spring.

Republicans on the House Intelligence Committee came to Friday's public testimony of former ambassador Marie Yovanovitch with a clear message for the day's session: that Adam Schiff was a liar running an unfairly partisan inquiry. To this end, they took turns reading into the record previous public statements by Schiff that he would seek testimony from the whistleblower whose actions alerted Congress to the Ukraine affair. (Democrats have been abandoning these promises lately as they have found other witnesses willing to corroborate many of the claims in the whistleblower's original complaint.) Republicans also executed a procedural set piece—one of those almost-clever public stunts of which both parties are excessively fond when relegated to the minority—in which Rep. Elise Stefanik began speaking out of order, provoking Schiff to interrupt and deny her recognition; Stefanik and her colleagues then claimed that Schiff was abusing his authority in order to silence the only Republican woman on the committee.

The assumption behind this particular exercise was that Yovanovitch's testimony would not in itself be deemed particularly newsworthy by the press (she had no direct contact with the president, and her deposition in closed session had already been released), leaving partisan sparks on the committee to represent reporters' biggest takeaway from the day's proceedings. But President Trump foiled this strategy almost immediately by launching personal Twitter attacks on Yovanovitch that were soon echoed by his son Donald Trump Jr., stepping all over congressional Republicans' decision to treat her as a well-meaning but ephemeral public servant who was being misused by the real villains, the Democrats. Once Schiff read the president's words to Yovanovitch and invited her to reply, it was clear what the day's biggest media story would be. Republicans, normally reluctant to criticize Trump in public, didn't bother in this case to hide their frustration with his behavior.

Is impeachment a partisan witch hunt using career bureaucrats as dupes, or is it a deep state conspiracy in which they too are implicated? Is Ukraine a loyal ally deserving of the American military assistance that the Trump administration ultimately authorized in September, or did it treacherously intervene in the 2016 election on behalf of Hillary Clinton? Did the temporary withholding of aid have nothing whatsoever to do with Joe and Hunter Biden, or was it a proper point of leverage to force Ukraine to crack down on the kind of corruption that the Bidens supposedly personify? Were Rudy Giuliani and Gordon Sondland freelancing without Trump's knowledge or approval, or were they carrying out a plan masterminded by the president? Are the executive's constitutional powers so vast in the realm of foreign policy that no presidential act involving another nation could possibly be an impeachable offense?

It's increasingly clear that there is no common set of answers to these questions that both the White House and the congressional GOP can agree on—and stick to. Part of the problem is that Trump is willing to give up a lot of valuable factual ground as long as the normative defense of his actions remains absolute: celebrate him for committing murder and he'll thank you, but woe to the person who mildly criticizes him for jaywalking. Trump's inability to identify strategically counterproductive arguments on his own behalf has already caused him damage on the Ukraine affair. After all, the precipitating event that gave House Democrats a numerical majority supporting the pursuit of impeachment was Trump freely acknowledging to reporters that he had mentioned the Bidens in his July phone call with the Ukranian president.

Republicans' inability to settle on a single overaching defense that fits the uncontested facts of the case isn't likely to shake the loyalties of Trump supporters in the conservative media universe and the mass electorate. But it still makes a difference. Attentive elites in government and in the mainstream media are paying close attention to the impeachment process, and are sensitive to the quality of evidence and debate on both sides. So far, the prevailing view holds that Trump was, at least, up to something fishy with respect to Ukraine that justifies serious congressional examination. This judgment has noticeably colored press coverage and commentary; several journalists opined that the past week was one of the worst of Trump's entire presidency in part because of the effectiveness of the public hearings that began on Wednesday.

The media's reaction to Elise Stefanik's behavior on Friday was especially telling. Up until now, Stefanik has enjoyed a status as a bit of a press darling; as one of the few young Republican women in high-level political office and as a relative ideological moderate, she has regularly received positive coverage as the media-anointed face of a more "modern" Republican Party of the future (a role previously filled by figures like Bobby Jindal, Marco Rubio, and Nikki Haley). If the Washington community saw the Democrats' march toward impeachment as a stretch on the merits or a loser on the politics, journalists would have treated Stefanik's gamed-out attack on Schiff as a savvy maneuver or the raising of a fair procedural point, rather than as an attempted distraction by an ambitious Republican merely trying to ingratiate herself with a Trump-dominated party.

There are plenty of understandable reasons why the White House has prevented many potential witnesses from participating in the congressional investigation, and—given what we know—it may well be that Trump's political interests would not, on the whole, be served by honest testimony under oath by his subordinates. Yet one cost to this blockade policy is that there will be few witnesses in these open hearings with the motivation to mount a defense of the president built on their own authority as members of his administration and firsthand participants in the development of Ukraine policy. This unfilled space places even more weight on congressional Republicans, who must advance exculpatory arguments themselves rather than allow them to arise from the testimony of sympathetic executive branch officials. Perhaps it shouldn't be surprising, then, that the pro-Trump case so far is lacking the ideal amount of internal coherence.

Thursday, October 10, 2019

This Week in Impeachment: Trump Lets Democrats Off the Hook, Puts the Squeeze on GOP Instead

The impeachment of President Trump was already a likely event by the end of last week. It became even more likely this week.

Three sets of developments each acted to push the probability of impeachment higher over the past few days. First, the Trump White House made it clear that it was adopting a maximally combative approach, refusing cooperation with Congress and even imposing a last-minute veto on Tuesday's scheduled deposition of Gordon Sondland, the ambassador to the EU who was directly involved in policy toward Ukraine. This response seemed certain to strike Democrats of all ideological persuasions as unacceptably dismissive of the constitutional legitimacy of congressional oversight.

Second, a series of news stories filling in additional details and opening up more angles on the Ukraine affair kept momentum alive and suggested that future investigations, whether by Congress or the media, would potentially uncover even more impeachment fodder over time. New facts are still emerging on a daily basis, and it seems likely that the true scope of the story is not yet understood.

Third, a series of public opinion surveys confirmed that most Americans support the impeachment inquiry—and a Fox News poll released on Wednesday even found a slim majority already favoring Trump's removal from office. A Washington community that is ordinarily fond of cautioning Democrats that they are risking "overreach" by engaging in any politically assertive behavior temporarily ceased its usual litany of warnings, as the previously sizable bloc of citizens in the "dislike Trump but oppose impeachment" camp turned out to be easily convinced to jump aboard once Democratic leaders made the case for it.

Some pundits have interpreted the White House's flouting of Congress, including the sudden yanking of Sondland's congressional appearance on Tuesday, as the strategic playing of a weak hand. Why else would the president take steps that virtually ensure his impeachment, if not to desperately head off testimony and other evidence that would be at least equally damaging?

But it's likely that the stonewalling, at least in this case, was driven by presidential psychology more than any kind of justifiable calculation. Sondlund doesn't really fit the profile of a devastating witness against Trump—whom he continues to serve as ambassador—and it would have been easy enough for him to alternate rhetorical defenses of the president with claims of ignorance or lapsed memory when it came to any inconvenient details. Blocking his deposition with blanket assertions of executive supremacy alienated Democrats while signaling "coverup in progress" to the media and other attentive political elites. Even congressional Republicans seemed to believe that Sondlund would be more likely to help than hurt the president's case, apparently convincing the White House by Thursday night to permit him to testify after all next week.

Trump's risk-taking approach is not limited to the procedural warfare that seems ultimately destined to provoke additional counts of impeachment against him. He also continues to insist that he has done "nothing wrong" and therefore deserves no criticism from any direction. This behavior, too, has the effect of boxing in other Republicans while taking pressure off the more cautious members of the Democratic opposition.

When White House scandals arise, fellow partisans often perceive the safest political ground for themselves to be a middle position between conviction and exoneration: the president did something he shouldn't have, but the offense isn't serious enough to justify removal from office. This was the approach many Democrats adopted when Bill Clinton was impeached in 1998. Though aspects of Clinton's behavior were indefensible, they argued, his transgressions did not meet the constitutional standard of high crimes and misdemeanors. Once Clinton (eventually) acknowledged the impropriety of his relationship with Monica Lewinsky, expressing criticism of his actions did not require other Democrats to break with the White House's own party line.

Trump will have none of that. The events of the week signaled that no contrition will be expressed—not even a sentiment in the vein of "I'm sorry that foreign governments apparently misinterpreted my innocent remarks"—and no disloyalty will be tolerated. Blocking off this escape route puts congressional Republicans in an uncomfortable position. Any criticism of Trump from within the GOP, however gentle, will attract national media attention and potentially provoke a presidential counterattack on Twitter. But openly defending Trump's behavior has its own risks: according to this week's Fox News poll, 66 percent of Americans think that it was wrong for the president to ask foreign leaders to investigate his political rivals, and only 17 percent agree that Trump's comments on the call with Ukrainian president Zelensky were appropriate.

So far, a common Republican response to this dilemma is to publicly oppose impeachment as an unjustified partisan exercise led by Nancy Pelosi and Adam Schiff, but to also avoid directly answering the question of whether the president acted properly or whether soliciting foreign assistance in an electoral campaign (potentially a federal crime) is permissible behavior. This strategem may turn out to be a successful solution to Republicans' conundrum, but it carries an inevitable awkwardness that may not be sustainable as the story continues to progress over subsequent weeks and months.

Trump is wagering that he can hold Republicans in line by the mere threat of intra-partisan reprisal. He may well be right about this; if most Republicans aren't even willing to criticize Trump in public, they're certainly a long way from voting to impeach him or remove him from office. But for now, the president is likely to find fewer vocal defenders than he would have if he were willing to give an inch of ground by acknowledging the possibility that he might have made a mistake or two. So far, Trump's insistence that his communication with Ukraine was "perfect" has succeeded at creating more discomfort within the ranks of his own party than among his political opponents.

Thursday, October 03, 2019

This Week in Impeachment: Does Trump Need a Good Strategy?

Over the two weeks or so since the impeachment of Donald Trump became likely, a series of news articles has chronicled Trump's strategic and tactical response to his new predicament. Anyone wondering whether Trump would adopt Bill Clinton's playbook from 1998—acknowledge impeachment as little as possible in public; portray yourself as more concerned with Americans' policy priorities than your own personal conflicts; build an adept political "war room" in the White House to respond to news developments and distribute talking points to partisan allies—has by now received an answer. As David Frum of The Atlantic observed earlier this week, Trump has taken the opposite approach from Clinton in many respects: he talks about impeachment obsessively, he shows no contrition for any aspect of the case, and he invests little in trying to persuade anyone who isn't already a Trump supporter that his impeachment is unwarranted.

It was clear enough even before these recent developments that Trump is much more a creature of emotion than a political calculator in the Clinton mold. The inadvisable admissions and uncontrolled outbursts of the past few days are hardly out of line with past behavior, though their growing intensity suggests that the prospect of impeachment is placing a decided strain on the presidential temperament. Put simply, this doesn't have the feel of a master strategy being coolly moved into place.

But does it really matter?

Clinton's response made sense because congressional Democrats' willingness to stand by him was dependent, as he perceived it, on the belief that they would not pay an electoral price for doing so. It was critically important, from this point of view, for Clinton to remain popular with swing voters and for other Democrats to hold their own in trial heat polls against Republican opponents; if the public turned against Clinton, so would key members of his own party, thus jeopardizing his presidency. The impeachment strategy, then, was merely a specific application of the Clinton-era Democrats' broader political approach: make tactical concessions here and there in order to gain and hold the political middle ground against the Republican opposition.

Trump is not only a very different kind of politician than Clinton, but he also leads a very different kind of party. Many congressional Republicans worry more—for good reason—about internal primary challenges from the right than Democrats do about a backlash on the left, which keeps them publicly loyal to a president who remains very popular among the Republican grassroots. Trump's belief that general elections are won more by keeping the party base stoked and mobilized than by reassuring swing voters of his moderation and pragmatism is shared widely among Republican politicians and activists. Trump can also rely on the conservative media infrastructure to supply a stream of arguments in his defense for other Republicans to echo, making the creation of a central command post staffed by political communication and research professionals a less necessary step for him than it was for Clinton.

So even if Frum is right that Clinton and Trump have chosen diametrically opposed counterimpeachment strategies, it's very possible that they will both wind up facing the same outcome: a more-or-less party-line vote to impeach in the House of Representatives, followed by a more-or-less party-line vote to acquit in the Senate. It's fair to wonder whether Trump would actually benefit after all from following his predecessor's more deliberate approach. Perhaps the answer is no. But there are a few reasons why a better strategy might actually help Trump:

1. It might exacerbate Democratic divisions. One key difference between 1998 and 2019 is that Clinton's impeachment was driven by a committed Republican congressional leadership (especially then-majority whip Tom DeLay), while Nancy Pelosi and other top House Democratic officials have been visibly unenthusiastic about impeaching Trump due to the perceived risk that it poses to the party's most electorally vulnerable members. A savvier White House would be in position to exploit this internal tension by turning down the rhetorical heat and allowing moderate Democrats to have second thoughts, but instead it is providing more impeachment fodder seemingly every time that the president speaks in public. Trump is already acting as if his impeachment is inevitable, thereby making it—at the least—more probable.

2. Even a few Republican defections matter. The strength of partisan ties and the power of the conservative media guarantee that most Republicans will stick with their president, thereby ensuring that he will continue in office unless the Ukraine scandal metastasizes dramatically from its current state. But if a handful of congressional Republicans break with Trump, it bolsters the legitimacy of the impeachment effort and undercuts the counterargument that the whole thing is a Democratic power grab. Even if the public doesn't notice too much or remember too long, attentive elites are much more likely to treat the Ukraine scandal as a serious violation if there is an element of bipartisanship to the impeachment proceedings.

Some Republican allies will be content to defend Trump regardless of circumstance, but others will be worried about getting caught out on a limb that gets sawed off when the president's story changes or new facts surface that disprove previous claims. The release of the "smoking gun tape" sealed Richard Nixon's fate in 1974 in part because Republicans in Congress discovered that Nixon had been lying not just to the press but to them, and allowing them to repeat those lies to their constituents. Several key Republicans have already grown very quiet rather than commit themselves to any particular position or version of events, and there doesn't seem to be much about the president's handling of the crisis that is privately reassuring to members of Congress.

3. Trump still has another election to win. Clinton, of course, was in the midst of his second term in 1998, but Trump is facing an election next year burdened by a subpar approval rating and a highly energized opposition party. Even if the current crisis doesn't further damage his popularity, it still makes it harder for him to win over a few skeptical voters and thus strengthen his position prior to the 2020 race. Impeachment may not itself have major electoral ramifications, but it could still exact an opportunity cost on a presidency that could really use a few quiet months. Clinton believed that getting drawn into daily rhetorical combat would erode his ability to claim the high ground. But Trump is a fighter by nature, and can't resist the partisan fray regardless of the political benefits that might come from adopting the veneer of statesmanship.