Tag Archives: House of Representatives

Politics

WHAT ACTUALLY IS THE PROCESS OF IMPEACHMENT?

Before we get started: the only truly funny part about this impeachment is every reputable news outlet having to write a headline like, “The peach emoji isn’t just for butts anymore!” Like I didn’t know that I needed WaPo to write about the “sexy” peach emoji until it did. Just goes to show you.

If you’re anything like me, you’re sick of hearing about impeachment at every hour of every day, but you also can’t get enough of the d-r-a-m-a. And if you’re also like me, you haven’t bothered to research the actual process of impeachment until you decided to write about it for your blog. And if this paragraph applies to you, you need to back off. This is my thing.

As with a lot of things revolving around politics or science or culture or news, you can be an avid news-watcher and get a lot of the “latest” without really ever understanding the background or context.

So what is it?

Impeachment involves the lower house (in this case, the House of Representatives) of a bicameral government bringing forth charges against an elected official for alleged committed “high crimes or misdemeanors.” After that goes through, the impeachment then moves into the upper house (in this case, the U.S. Senate) as a trial, the result of which either finds the aforementioned government official convicted or not, and thus removed from office or not.

Before Trump, there were three instances of impeachment proceedings: Andrew Johnson in 1868, Richard Nixon in 1974 and Bill Clinton in 1998.

Presidents (as well as other government officials) can be impeached for things that are technically legal. A president does not have to break the law to trigger an impeachment process.

In fact, Alexander Hamilton, in the 65th Federalist paper, identified impeachable offenses as public misconduct, or the abuse/violation of public trust. Essentially, the creators of the impeachment process recognized that even non-criminal activities by the person occupying the highest and most powerful seat in the country could have damaging or negative ramifications.

It’s the same logic as to why if I complained about a Postmates driver stealing my food, no one would care, but when Lizzo complains, that driver gets death threats. People in power have impact that I don’t.

Impeachment does not necessarily mean ‘the removal from office.’ That’s why Trump could possibly be our third impeached president, though none have ever been removed from office. That’s because while the impeachment was approved and moved through the House, the Senate acquitted both President Bill Clinton and President Andrew Johnson via their respective trials.

This happened before?

In 1868, Andrew Johnson was impeached (primarily) for violating the Tenure of Office Act when he removed Secretary of War Edwin Stanton and replaced him with Brevet Major General Lorenzo Thomas. The larger context was the tension between Johnson and Congress over how to incorporate the Confederacy back into the Union, but I’m not your history teacher. Read a book.

Johnson was aquitted in the Senate trial, and set the precedent that Congress cannot remove a president from office because they disagree with his policy, style or administration of office.

The impeachment process began in February 1868 and concluded in May of the same year.

Despite the fact that Richard Nixon’s is the only impeachment process to not result in a Senate trial, his was also the only one to result in a president leaving office. Nixon was not actually impeached.

The process to impeach Nixon started after an investigation into the Watergate scandal (when burglars broke into the Democratic office at Watergate), and the Nixon administration’s attempt to cover up their involvement. The money paid out to the burglars was connected to a fund for Nixon’s re-election; in addition, Nixon and his aides discussed how to delay the FBI’s investigation in the Smoking Gun Tape.

However, impeachment seemed costly, publicly erosive and unpopular until the Saturday Night Massacre on Oct. 20, 1973, when Nixon fired both the attorney general and deputy A.G. for refusing to fire Watergate Special Prosecutor Archibald Cox. After all three were fired, the desire for impeachment swelled rapidly.

In late July, 1974, the Judiciary Committee approved three articles of impeachment (obstruction of justice, contempt of Congress and abuse of power). By early August, one of the subpoenaed phone call transcripts – the Smoking Gun Tape – had completely destroyed the rest of Nixon’s political goodwill. On the tape, Nixon was heard agreeing that the FBI should be approached to halt the investigation. On August 9, 1974, he resigned from office before the House of Representatives could officially vote on impeachment.

Nixon’s impeachment process started in late October, 1973 and ended with his resignation in August, 1974.

In 1998, President Bill Clinton was impeached on two articles (obstruction of justice and lying under oath) after Paula Jones, a former Arkansas state employee, sued the president for sexual harassment. During the Jones suit, Clinton was asked about his relationship with Monica Lewinsky and lied under oath.

The Jones suit came when independent counsel Ken Starr, investigating the Clintons for financial dealings with the Whitewater Land Company, learned about Ms. Jones during the investigation. During the investigation, Linda Tripp provided taped conversations between her and then-intern Monica Lewinsky where Lewinsky discussed her relationship with Clinton.

In a January 1998 sworn deposition, after Starr had received the tapes from Linda Tripp, Clinton lied under oath and denied any relationship with Lewinsky. Clinton was impeached in December of 1998 but acquitted in the following Senate trial when neither of his charges received the necessary two-thirds majority to convict.

The impeachment process began in October 1998 and concluded in February of 1999.

What’s the rub, currently?

On September 24, 2019, an impeachment inquiry started after a whistleblower flagged a conversation between U.S. President Donald Trump and the president of Ukraine, Volodymyr Zelensky.

During the call, Trump also asked for ‘a favor’ from Zelensky, to investigate the debunked conspiracy that Ukraine, not Russia, had interfered in the 2016 U.S. presidential election. In the call, Trump brought the conversation to include the actions of Hunter Biden, the son of former Vice President and current Democratic presidential candidate Joe Biden who had business in Ukraine, and possibly enlist Zelensky and the Ukrainian government to investigate the Bidens. In the call, Trump alleged that Joe Biden had stopped prosecution of his son in Ukraine for his involvement in Ukrainian business. There is no evidence of this.

A second whistleblower came forward in early October with ‘first-hand’ knowledge of the Trump-Zelensky call. In the weeks before the call, Trump, through acting chief of staff Mick Mulvaney, had halted Congress-voted military aid to Ukraine. The first whistleblower also included the (proven to be true) moving of the phone transcript from the routinely used database to one that was much more high-security and typically only used for matters of grave consequence.

Essentially, House Democrats are claiming that Trump used the call, and potentially withheld financial aid to Ukraine, to pressure a foreign power to investigate his political rival.

It should be noted that the Trump administration denied that any pressure was being applied to Ukraine, and that the delayed financial aid was unrelated (that aid has since been given to Ukraine).

As the inquiry advances, more things will probably come out, so I don’t really want to get bogged down with too much detail, but the inquiry has brought Trump’s personal lawyer, Rudy Giuliani (who supposedly acted as an agent of the State Department, according to himself), Giuliani’s now-arrested associates and Attorney General William Barr (who was on the Ukraine call).

Literally, things keep happening.

When talking to reporters on October 3rd (he asked me what day it was, it was October 3rd), Trump said that China should also investigate the Bidens. Trump has made several statements asserting that the impeachment inquiry is a political coup, that the whistleblowers are guilty of treason, and that there was nothing wrong with the call. On the 17th of October, Mulvaney told reporters to ‘get over it,’ when he said, and later walked back, that the military funding had been withheld and then given, but only in relation to the Ukraine-Crowdstrike part of the conversation. Hours later, he said that his remarks had been misconstrued.

If I really went into every detail, I’d drive myself insane. Based on past impeachment processes, we could be at the beginning of a weeks- or months-long process. But now, at least, you know a little bit more.

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Politics

THE AMERICAN HEALTH CARE ACT GOES TO VOTE TODAY, FRIDAY MARCH 24

Update 3/25: the American Health Care Act was pulled from the floor and did not go through the voting process. Speaker Ryan has stated that the Affordable Care Act will be the law for the “foreseeable future.” President Trump has since stated that he will wait for the ACA to “explode” and then create a “greater healthcare plan.”

Today, Friday, March 24, 2017, the House of Representatives will vote on the Affordable Care Act replacement bill—the American Health Care Act—with significant changes having been made last night and without the Congressional Budget Office analyzing those changes. Previously the CBO offered projections of, despite a decrease of ~$337 billion in the deficit, roughly 24 million people without coverage by 2026. Even by just repealing the ACA leaves 18 million people uninsured.

The bill underwent multiple changes after receiving severe blowback from all Democrats and several factions of Republicans. GOP moderates felt that the plan was too ill-thought and would leave too many people uninsured. GOP conservatives felt the bill did not go far enough, and dubbed it “Obamacare-Lite.” Those divides postponed the vote, which was supposed to take place yesterday. Ryan and other proponents of the bill did not want to go forward without the votes.

 

The new bill would defund Planned Parenthood. The rationale for this is restriction of abortions. However, Planned Parenthood puts no federal funding towards abortions. They do put federal funding towards reimbursement for services like birth control, contraception, and cancer screenings. Patients use public health programs, like Medicaid and Title X, go to places like Planned Parenthood that take that coverage. They use the programs, Planned Parenthood sends the claim to Medicaid (for example), which reimburses them, and then Medicaid sends the bill to the federal government. Abortions, which account for roughly 3 percent of all PP services, do not get reimbursed.

So when the GOP says that they will defund Planned Parenthood, they are doing it out of spite, because what they’re actually doing is stopping people from being able to use Medicaid for non-abortion services.

Vice President Mike Pence, formerly the Governor of Indiana, recently posted a photo of himself and the President meeting with the Freedom Caucus. The Freedom Caucus is made up of the GOP conservatives who are dragging their feet about the bill.

To get them on the side of voting yes, those in charge of the bill—House Speaker Paul Ryan, VP Pence, and even Trump—have struck a deal with the Freedom Caucus. If the Caucus agrees to the bill, the Essential Health Benefits list will be removed from the bill.

What’s the Essential Health Benefits?

It’s a holdover from the Affordable Care Act. It requires insurances to cover—at the bare minimum—the following 10 items:

  • Emergency Services
  • Hospitalization
  • Ambulatory patient services
  • Maternity and newborn care
  • Mental health and substance use disorder services
  • Prescription drugs
  • Rehabilitative and habilitative services
  • Laboratory services
  • Preventive and wellness services
  • Pediatric services

There has been no analysis on the future consequences on striking off the Essential Health Benefits because the CBO has not been given enough time to conduct research.

Trump has put pressure on the GOP to push this bill through. It would solidify his stance as a deal-maker—something he ran on during the campaign—and would show his control over the rapidly dividing Republican party. He has also threatened that the Republicans will lose their majority if the bill does not pass. That pressure has forced massive overhauls to the bill. House Republicans and Democrats are set to vote on a bill that they haven’t read in full, or had sufficient or significant research on.

But perhaps the scariest part of this whole thing is that photo that VP Pence Tweeted out. Him and the President meeting with the Freedom Caucus. With the strength of the Freedom Caucus, the American Health Care Act is that much closer to being passed.

A circle of wealthy, privileged, heterosexual cisgender white men, deciding the fate of women, minorities, cancer patients, those with mental illness, and the vulnerable. We might not have seen the finished bill, but we have seen enough of the consequences. The AHCA would mostly affect the elderly and sick—premiums would rise due to declining assistance—while the young, healthy and wealthy would see tax benefits. In addition, according to Forbes, over the next decade, the plan outlines an $880 billion tax cut, with $274 billion going directly to the richest 2%.

If the AHCA, the new healthcare plan, only benefits the young, healthy and wealthy, while leaving premiums rising, care decreasing, targeting the elderly and the sick, and ~24 million uninsured—then it’s possible that this isn’t the best plan.

But this is the world we live in—the decision of this small cluster of white men, for whom this healthcare plan will only benefit, will impact the rest of us.

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Politics

BRINGING DOWN THE HAMMER, SENATE-STYLE: PAUL RYAN TRIES TO PUNISH DEMOCRATS FOR JUNE SIT-IN

Ryan and fellow Republicans are trying to introduce a package of rules that will stop lawmakers from live-streaming from the floor, proving that the government is A) well into the 21st century and B) petty AF.

House Speaker and resident DILF Paul Ryan (R-Wis.) is introducing a rules package that would penalize lawmakers for recording photo and video from the floor. A finalized version of the package will be voted on on Jan. 4. Shockingly, it’s not in response to Senator selfies or unflattering photos of frenemy lawmakers.

Actually, the package (hold for giggles) is in response to Democratic lawmakers who organized a sit-in after the Republican majority refused to bring a gun-control bill to the floor in the wake of the Orlando massacre at Pulse nightclub. Yeah, that gun-control bill, the one that would broaden background checks and prevent those on the no-fly list from buying guns. In response, angered and hurt, the Democrats organized a sit-in, which spanned 25 hours.

The Republican-controlled House called a recess during the sit-in and cut access to C-SPAN, which is in general super-boring but in this case provided coverage of the sit-in. Access is typically cut when the House is not in session, which is true in the case of a sit-in, but due to the nature of the sit-in, it seems the camera should’ve been kept on. In response, Democrats pulled out their iPhones and began live-streaming the sit-in, using apps like Facebook Live and Periscope. Angered and embarrassed, apparently the House Republicans have been trying to figure out how to make sure nothing like this happens again.

Enter Paul Ryan, the Republican speaker who is often hailed as the savior of the GOP. Part of the package (again, such a funny word) will give Ryan the personal authority to punish and fine individual lawmakers for breaking the rules. Previously, it was up to the House to punish lawmakers, in Article 1 of the Constitution, which has been interpreted to mean that sanctions are passed after being approved by the entire House with a floor vote. The sanctions for using photo or video would be a $500 fine for the first time, and $2,500 for each subsequent violation, taken out of the lawmaker’s pay.

Democratic minority leader Nancy Pelosi (D-Calif.) called the move “a power grab” by the GOP. Pelosi was previously the House Speaker from 2007 to 2011 when the Democrats held the majority, the first woman to hold the position.

The move could be ruled as potentially unconstitutional. Reinterpreting Article 1 to circumvent a full-House vote would give Ryan the individual power to pass sanctions. So if the Republican majority passes this package, that would be mucho ironic, since Republicans are the ones who are always against interpretation of the Constitution and are very pro to-the-letter (re same-sex marriage, women’s rights, abortion, etc.).

Ryan said that the package will “help ensure that order and decorum are preserved in the House of Representatives so lawmakers can do the people’s work.”

But here’s where things get a little sticky. Yes, the House has the right to pass sanctions on an individual lawmaker—when they have broken the law. And yes, House rules prohibit the use of photo or video on the floor (funnily enough, my house has the same rules). However, lawmakers are beholden not to the House, but to their constituents. So if they protest the failure of passage (to even discuss) a gun-control bill, in the wake of the largest U.S. mass shooting, they are protesting on behalf of their constituents.

Those constituents (i.e. you, me, and everyone) have the legal right to know what our elected officials are doing with our vote. Transparency in the government is often a fraught issue, but the fact is that those Democratic lawmakers were attempting to hold their Republican counterparts accountable even after official coverage was revoked.

So Democrats are stuck in between a rock and a hard place. On one hand, they brought transparency to an issue that was being stifled, one that had incredible support outside the cosseted world of the government. On the other hand, they disregarded a prohibition. And equally, the Republicans are in a difficult spot: to discipline lawmakers who broke the rules, but dealing with the issue of transparency.

It seems to be a contradiction: transparency that breaks the rules. Do you follow the rules? Or do you follow what you believe to be right? I mean, we’re not talking about some serial killer who “believes” it’s right to make a necklace out of fingers. We’re talking about lawmakers who are trying to honor their constituents in the face of what they believed to be oppression.

And if Hamilton: An American Musical has taught us anything, it’s that “the Constitution’s a mess…it’s full of contradictions,” but “so is independence.” (I also quoted Hamilton in my “Early American Literature Until 1860” final essay; I did okay in that class).

I was personally bereaved and displeased that the gun-control bill was not passed. After the senseless massacre at Pulse, it seemed, to me, like a no-brainer. However, the Republican-held House blocked the bill from reaching the floor, where it would have been voted on. Obama was pissed, I was pissed, the nation was pissed. So in response, the Democrats reacted. It may not have been right, but it came from a place of righteous anger.

I am for greater transparency if I feel that my elected officials are not honoring the wishes of their constituents. That, too, seems like a no-brainer.

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Source: Twitter// I deleted and re-uploaded this screenshot because that Tweet got more likes. 

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