Trump is still trying to claim the Mueller Report exonerated him. Evidently, he has not read it. The report might not have found him guilty of conspiring with Russia in the legal sense, but it is full of evidence that the Trump campaign did collude with Russia to affect the 2016 election. And it is full of evidence that Trump tried many times to obstruct the investigation (and one does not have to succeed at obstruction to be guilty of it).
There is more than enough in the Mueller Report to impeach Trump, and I believe the Democrats should immediately begin impeachment proceedings. I am not alone. New York attorney George T. Conway (and husband of Trump flunky Kellyanne Conway) agrees. Here is part of what he wrote in an op-ed for The Washington Post:
The Constitution commands the president to “take Care that the Laws be faithfully executed.” It requires him to affirm that he will “faithfully execute the Office of President” and to promise to “preserve, protect and defend the Constitution.” And as a result, by taking the presidential oath of office, a president assumes the duty not simply to obey the laws, civil and criminal, that all citizens must obey, but also to be subjected to higher duties — what some excellent recent legal scholarship has termed the “fiduciary obligations of the president.”
Fiduciaries are people who hold legal obligations of trust, like a trustee of a trust. A trustee must act in the beneficiary’s best interests and not his own. If the trustee fails to do that, the trustee can be removed, even if what the trustee has done is not a crime.
So too with a president. The Constitution provides for impeachment and removal from office for “Treason, Bribery, or other high Crimes and Misdemeanors.” But the history and context of the phrase “high Crimes and Misdemeanors” makes clear that not every statutory crime is impeachable, and not every impeachable offense need be criminal. As Charles L. Black Jr. put it in a seminal pamphlet on impeachment in 1974, “assaults on the integrity of the processes of government” count as impeachable, even if they are not criminal.
And presidential attempts to abuse power by putting personal interests above the nation’s can surely be impeachable. The president may have the raw constitutional power to, say, squelch an investigation or to pardon a close associate. But if he does so not to serve the public interest, but to serve his own, he surely could be removed from office, even if he has not committed a criminal act.
By these standards, the facts in Mueller’s report condemn Trump even more than the report’s refusal to clear him of a crime. Charged with faithfully executing the laws, the president is, in effect, the nation’s highest law enforcement officer. Yet Mueller’s investigation “found multiple acts by the President that were capable of executing undue influence over law enforcement investigations.”
Trump tried to “limit the scope of the investigation.” He tried to discourage witnesses from cooperating with the government through “suggestions of possible future pardons.” He engaged in “direct and indirect contacts with witnesses with the potential to influence their testimony.” A fair reading of the special counsel’s narrative is that “the likely effect” of these acts was “to intimidate witnesses or to alter their testimony,” with the result that “the justice system’s integrity [was] threatened.” Page after page, act after act, Mueller’s report describes a relentless torrent of such obstructive activity by Trump. . . .
The investigation that Trump tried to interfere with here, to protect his own personal interests, was in significant part an investigation of how a hostile foreign power interfered with our democracy. If that’s not putting personal interests above a presidential duty to the nation, nothing is.
White House counsel John Dean famously told Nixon that there was a cancer within the presidency and that it was growing. What the Mueller report disturbingly shows, with crystal clarity, is that today there is a cancer in the presidency: President Donald J. Trump.
Congress now bears the solemn constitutional duty to excise that cancer without delay.