Article 1: Compromising the integrity of the presidency through continuing violation of the Constitution’s Emoluments Clause. From
his first day in office, Trump’s continuing stake in Trump Organization businesses has violated the clause of the Constitution
proscribing federal officials from receiving foreign payments. The true and full extent of Trump’s conflicts of interest remains unknown. For his part, Trump has transferred day-to-day control over these
interests to his adult children and the management of the Trump Organization. However, he remains the ultimate beneficiary for these businesses, so the
fundamental conflict of interest remains. These foreign business ties violate both the letter and spirit of the Constitution’s Emoluments Clause, and arguably provide the clearest basis for impeachment based on the facts and law.
Article 2: Violation of his constitutional oath to faithfully execute the duties of his office by disregarding U.S. interests and pursuing the interests of a hostile foreign power, to wit, Russia. L’affaire Russia began during Trump’s campaign for the presidency, during which several top aides reportedly had contacts with Russia and its intelligence service. His campaign manager also had reportedly worked either directly or indirectly for the Kremlin. These contacts continued, famously, into the presidential transition, when the president’s chosen national security adviser, Michael Flynn, had his ill-fated contacts with Russia. Beyond these contacts, Trump has
substantively acted in myriad ways that benefit Russia, including dangerous diplomacy that has reportedly frayed relationships with our allies and allegedly put allied intelligence assets at risk. By offering classified information to the Russians, it was reported that Trump
risked the intelligence assets of a Middle Eastern ally that already warned American officials that it would stop sharing such information with America if that information was shared too widely. In risking that relationship, Trump has opened up the possibility for the loss of that information stream for combatting terrorism, and potentially put American lives at risk from the loss of intelligence that could inform officials about future attacks on Americans at home and abroad.
Article 3: Impairment and obstruction of inquiries by the Justice Department and Congress into the extent of the Trump administration’s conflicts of interests and Russia ties. The Trump administration has systematically impeded, avoided, or obstructed the machinery of justice to obscure its business relationships, its Russia ties, and the forces acting within the Trump White House to animate policy. The most egregious and visible examples have been Trump’s firings of Acting Attorney General
Sally Yates and FBI Director
James Comey. [
Update, 6:18 p.m.: The
New York Times reported on Tuesday afternoon on an even more egregious case of apparent obstruction of justice, wherein Trump allegedly directly asked Comey to end the FBI’s investigation of Michael Flynn.] Each termination had what appeared to be a lawful pretext; subsequent statements or admissions have indicated each had more to do with obstructing justice than holding leaders accountable. Alongside these sackings, the Trump administration has also worked to starve Justice Department inquiries of resources and
refocus investigators on suspected leaks instead of the White House’s own Russia intrigues. The Trump administration also interfered with congressional inquiries through
attempting to block witnesses like Yates from appearing or selective leaking of classified information to House Intelligence Chairman Devin Nunes, compromising Nunes so badly he had to recuse himself from the matter.
Article 4: Undermining of the American judicial system through felonious intimidation of potential witnesses. In his desire to continue Comey’s public humiliation, and ensure Comey remained silent about Trump’s possible sins, the president
threatened Comey on Twitter with disclosure of “tapes” of their conversations. This follows a pattern of Trump
roughly treating witnesses and litigation adversaries that stretches back for decades before his presidency. Since taking office, Trump has also used the bully pulpit of his office to threaten intelligence officials for purported leaks and
badger former Yates before her congressional testimony. In addition to falling beneath the dignity of the presidency, these verbal assaults also constitute
obstruction of justice, prohibited by federal statutes on
witness intimidation,
retaliation against a witness, and
obstruction of federal proceedings. These attacks don’t just harm the individuals who are targeted; they assault and undermine the rule of law. As such, they constitute further grounds for impeachment of Trump and his removal from the presidency.