Displaying posts published in

January 2020

The Impeachment Article for Obstructing Congress Is Frivolous By Andrew C. McCarthy

https://www.nationalreview.com/2020/01/trump-impeachment-obstruction-article-frivolous/

We want our presidents to be elected democratically and to serve out their terms, with impeachment reserved for outrageous abuses of power.

Honor a congressional subpoena to appear at President Trump’s (presumably eventual) Senate impeachment trial? Joe Biden, still the odds-on favorite to be the Democrats’ standard-bearer in the 2020 election, scoffed at the very idea — No way!

The former vice president’s knee-jerk obstinacy illuminates — we should say, provides even more illumination of — the patent farce that is the second article of impeachment passed by the House on a strict party-line vote: the accusation that the president has obstructed Congress. As we saw in a committee hearing, featuring the spectacle of staffers questioning staffers with no actual fact witnesses in sight, Democrats have no problem when Democrats blow off congressional demands for information. “Obstruction” is a one-way street.

Trump regards the impeachment inquiry as a partisan witch hunt, just the latest phase of the Democrats’ project to remove him, which began even before his term started. He certainly has a point . . . although that is not a good reason to give his opponents fuel for the project, as he did by pressuring Ukraine to investigate Biden. That is the allegation in the first article of impeachment. Under the circumstances, I believe it falls well short of the egregious misconduct for which impeachment should be reserved; it was, nevertheless, a foolish thing for the president to do.

Let’s focus, though, on the second impeachment article, obstruction of Congress.

The president directed his underlings and executive branch components not to comply with congressional demands for information. To be clear, Congress has undeniable constitutional authority, broad in scope, to conduct oversight of the executive branch. The president, with all the authority of a peer branch of government, has extensive privileges of confidentiality, rooted in Article II, particularly when it comes to communications with his staff and high executive officials. Congress, however, is empowered to probe, especially when its concern is presidential malfeasance, or the activities of executive branch agencies Congress has created — such agencies, after all, are led by officers subject to Senate confirmation, and Congress both underwrites them with taxpayer funds and limits their operations by statute.

Targeting Soleimani: Trump was justified, legally and strategically By Andrew C. McCarthy

https://thehill.com/opinion/white-house/476736-targeting-soleimani-trump-was-justified-legally-and-strategically

“If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.”

So said the Supreme Court in the Civil War-era Prize Cases more than 150 years ago. It has been the law of the United States as long as there has been a United States. It reflects the venerable law of nations, derived from natural law and long pre-existing our republic.

When there are forcible threats to the United States, the president has not merely the power but the obligation to repel them. In large measure, that is why there is an Office of the President. The Framers grasped, in a time of dire peril to the fledgling nation, that national security cannot be achieved by committee. A single chief executive, the president, was necessary to marshal the might of the nation with dispatch when America was under siege.

These are rudimentary principles. Alas, they obviously need restating in the wake of the attack President Trumpauthorized late Thursday that killed General Qassem Soleimani, head of the Islamic Revolutionary Guard Corps (IRGC), founder of its jihad-exporting Quds Forces, and Tehran’s terror master nonpareil.

Soleimani was taken out near the airport in Baghdad, along with Abu Mahdi al-Muhandis, the deputy chief of the Iranian-backed Popular Mobilization Forces in Iraq. The PMF make up one of several networks that Soleimani and the mullahs forged on the model of Hezbollah, their longtime terrorist faction in Lebanon — indeed, the outfit al-Muhandis directly led is known as the Hezbollah Brigades, or Kata’ib Hizbollah.