With all the impeachment insanity going on in Washington (by the way, don’t pretend I didn’t warn you this was what the 2018 midterms were really about) and the President’s predilection for tweeting from the hip, it was virtually preordained that he would tweet something that could get him in deep doo-doo.
To wit: I do not think the phone call with the Ukrainian president contained anything impeachable. Asking an incoming head-of-state to look into the potentially corrupt dealings of American nationals, and to work with American law enforcement on several open investigations, is not illegal. If anything, had the person whose son got a cushy no-show job in a notably corrupt country been named Koch, I guarantee the Democrats would have been all over that like a fly on stink. Nor was placing the transcript of the call on a secure server illegal. Previous administrations also compartmentalized access to Presidential call transcripts – and given all the leaking in the first six months of the administration, it was certainly a prudent decision. Finally, given the questions regarding the as yet unnamed whistleblowers political motivations (which are grave and threaten the entire inquiry), a delay in reporting to Congress was similarly prudent.
Had it been, say, President Obama who undertook any of the above actions, the media and Congress would have shrugged and moved on with their days.
But it was President Trump, the man whom Democrats have been trying to impeach for nearly three years. They tried to claim he was a Russian agent, but that fell apart when the Mueller Report was released. They tried to claim he obstructed justice, but that was so blatantly false that nobody except the most partisan of partisans believed it. Now they’re trying to say he improperly asked (or pressured, they change hourly) a foreign government to investigate a political opponent. Again, examining the facts destroys that accusation rather easily.
Like Bill Clinton 20 years ago, what will do Trump in won’t be the reason the inquiry was opened. They nailed Bill on a technicality, essentially punishing him for being too clever by half and not being able to keep his mouth shut. Trump, likewise, tends to think he’s untouchable. Bill thought he could say anything and get away with it. Trump thinks he can tweet anything and get away with it.
The reality is that once the long knives come out for you, you need to be extremely careful with what you put into the public domain. If cancel culture is willing to go insane over a third-rate actor, they’ll be that much more likely to go nuts over the number one object of their derision. As much as pundits love to tell us America isn’t Twitter (and really, it isn’t), the fact is Twitter does drive news cycles. Feeding that machine with quotes that can land you in real legal jeopardy is not the smartest move you can make.
Which is why I’m asking someone in President Trump’s orbit to grab his phone, change his twitter password and then smash his phone. We know he can’t (or won’t) apply a filter to what he tweets. The danger of him tweeting something that he might consider innocuous that proves to be far more damaging is quite real. Just this past weekend, he sent out two tweets that certainly came right up to the line of crossing the impeachable speech threshold. This was the first:
This one may be the more damaging of the two, although the media seems to not understand why. The US Constitution protects the speech of Senators and Representatives under Article 1, Section 6, what we commonly call the “Speech and Debate Clause.”
…for any Speech or Debate in either House, [Senators and Representatives] shall not be questioned in any other Place.US Constitution, Article I, Section 6, Clause 1
It would be a stretch, but a Congress determined to impeach the President could very well hit Trump with an Article describing this as engaging in publicly unconstitutional behavior. Remember, the law is malleable, and as shown in Gravel (1972) Congressmembers may read into the official record anything they want – even very bad parodies of the President.
The other tweet that walked right up to the line of impeachable speech was this one:
This has quickly been called the “Civil War” tweet by the media and their Democrat masters. Yes, that is certainly not something any President should be voicing publicly. But the danger to Trump personally is that this tweet can be construed as actively courting insurrection. And as we should all remember from our lessons about John Brown, openly courting insurrection is treason. It would mean reading intent into the tweet that (hopefully!) isn’t there, but again… Impeachment in the United States has often been about stretching legal definitions to fit the purpose.
So, please. Don… Ivanka… Jared… Someone, anyone, grab the Presidential Twitter generator and lock it down before he does cross the line.