Reclaiming our time: model impeachment hearing

By Ann G. Daniels and Larry Baskett

Deadline: Save it or lose it –

UPDATED: the October 13 event we refer to in this article is over, but you can see Larry’s  impeachment presentation at this pdf.

It is, alas, not explicitly stated in the Constitution that you can remove the President for losing every single marble in the toy store. However, Indivisible East Bay has been saying for quite a while (see our list at the bottom of this article) that there’s more than enough undisputed evidence to impeach the Current Occupant. Now – finally, finally – Nancy Pelosi has come around, and dare we hope that things might actually happen? 

Since we’ve been ahead of the game the whole way, let’s keep going with our very own model House Judiciary Committee impeachment hearing, a “people’s impeachment hearing” to show Speaker Pelosi and Committee Chair Nadler how it should be done. IEB is excited to pair with Indivisible SF and others to create this very real exercise in democracy, which we’ll hold with a live audience (of us!) and capture on video to distribute online. The model hearing, to be held on a date TBD before Election Day (November 5), will answer such important and frequently asked questions as:

  • Why impeach the president, in general? 
  • What offenses and actions – not just statutory crimes! – could be included in articles of impeachment? 
  • Why impeach in the House even if the Senate might not convict and remove the president? 
  • What is key to making impeachment in the House a success for the country? 
  • What is key to obtaining conviction in the Senate?

Here’s the thing: we need YOU to help make this happen. It takes a village to raze a childish, corrupt president – can you or folks you know help us fill these roles? Sign up at this link!

  1. Lawyers or legal eagles! Specifically, people knowledgeable about constitutional law or congressional procedure 
  2. People who’ve been directly impacted by Trump’s abusive policies (to give testimony). Think immigration, LGBTQ + rights, repro rights, worker safety and rights, environmental issues, federal workers …
  3. People interested in “adopting” an article of impeachment or two, to help script and organize a segment of the hearing – great for folks who’ve already dug deep and those who’d like to!
  4. People willing to act the parts of Members of Congress or witnesses. Theater folks welcome!

We also welcome anyone interested in helping organize or participate in ways we haven’t mentioned. You can also get in on the discussion on the #impeachment channel on IEB’s Slack. For an invite to join Slack, email info@IndivisibleEB.org

Can’t wait that long for impeachment action? Get out on the streets of San Francisco THIS SUNDAY, October 13, noon to 1:30 PM. IEB’s own impeachment expert Larry will speak, and the event will feature Spanish translation! Event details here. Also, check out this new website for impeachment rallies nationwide this Sunday, and pass it on to everyone you know across the country! 

Get up to speed by reading our earlier articles, with background and more actions you can take on impeachment, investigations, and the Mueller Report:

“Impeachment of the President – Ticket circa 1868,” graphic by Seth Anderson 

Ann G. Daniels’ checkered professional background includes practicing law, reproductive rights advocacy, creating web content for nonprofits and educational organizations, and teaching adult and family literacy. She also designs jewelry, teaches knitting, and sings second soprano.

Larry Baskett is a mechanical engineer who spent a year as a Science and Technology Policy Fellow with the California State Senate.

 

It’s impeachment inquiry time

Katie Cameron and Nancy Latham contributed to this article

Deadline – ASAP until the House Judiciary Committee launches an impeachment inquiry.

​​With ​Game of ​Thrones ​over, we​’re hoping to watch the final episodes of the (not)Game of (de)Throning the Criminal-in-Chief who Thinks-He’s-King, but is not! We, along with some Democratic House leaders, a majority of the Democrats on the House Judiciary Committee, the one Republican who has read the Mueller Report, and millions of our fellow citizens, think it’s high time for the House Judiciary Committee to begin an impeachment inquiry.

You’re bombarded with news stories, hot takes, and wildly diverse opinions about the “I” word. If you’ve been working for impeachment since inauguration day, or are now convinced from the evidence of high crimes and misdemeanors in the Mueller Report, we’ve got a great list of things you can do. If you’re still debating the need to take action, or want more info, keep reading below our action list.

What you can do now:  

  • Use Indivisible National’s page to urge your representative to cosponsor House Resolution 257, Rep. Tlaib’s resolution which would authorize an impeachment inquiry.
    • UPDATE May 24: Representative Barbara Lee is the first (and so far only) of our East Bay Reps to cosponsor the resolution. If you are Rep. Lee’s constituent, thank her!
    • You can also check out Need to Impeach’s tool to learn where your Member of Congress stands on impeachment (and share it with your out-of-town friends).
    • This May 2 SF Chron article covered Bay Area MoCs’ positions on impeachment.
    • Here are some of our MoCs’ comments: Rep. Swalwell’s tweet; and an interview with Rep. DeSaulnier. 
  • Visit bit.ly/impeachresolution for By the People’s template to send a letter to your representative.
  • Send House Speaker Nancy Pelosi an email using this Need to Impeach tool. Adapt the suggested text to your own personalized message. Send her a tweet expressing your opinion.
  • Tweet to Representative Jerry Nadler, Chair of the House Judiciary Committee, urging him to take the lead and start an impeachment inquiry. 
  • Who said political action can’t be joyful and serious at the same time? Join IEB members and thousands of others at Impeach on the Beach, June 1, from 11 a.m. to 12:30 p.m. Five thousand people (or more) will arrange their bodies to spell out “IMPEACH” in 150-foot-tall letters stretching for 610 feet on Ocean Beach, to be photographed from above. More details and sign up at this link
  • Spread the word! Talking directly to people you know is the most effective way to spark change. Urge friends and relatives, especially those who live in districts represented by Democratic House leaders and Committee Chairs, to contact their Reps, urging an impeachment inquiry. Keep that word “inquiry” in your messages, so people understand you’re not trying to convict without the House investigation. Give them this link to get in touch with their Members of Congress.
  • Join the discussion on the #impeachment channel on IEB’s Slack. For an invitation to join Slack, email info@IndivisibleEB.org
  • Want to work with Alameda4Impeachment (A4I)? Email them for more info: Alameda4Impeachment@gmail.com 
  • We don’t often suggest signing petitions, but it’ll just take a minute – and these, from Need to Impeach, and Free Speech for People, have already proven to be effective.
  • Come to our All Members Meeting on Sunday, May 26, from 1-3 PM at Sports Basement, Berkeley. It’s an informal potluck get-together, and members informed about impeachment will be there.

What else you can do: Read up! 

  • Know the impeachable offenses: Unindicted co-conspirator Individual-1  has committed many impeachable offenses, some in plain sight, only a few of which rely on the Mueller Report  (“Russia, if you are listening…”). See for example Need to Impeach’s list and Lawfare’s article
  • Bone up on the impeachment process. These links help explain what the Constitution says about impeachment, the history of it and how the process works, and FAQs:
    • Robert Reich has this excellent short video on the impeachment process.
    • By The People is a national grassroots action group holding demonstrations in DC. Their website has excellent, easy to read info on impeachment.
    • Need To Impeach, the group Tom Steyer launched in October 2017, has grown to a movement of nearly 8 million people. NTI uses grassroots organizing to mobilize people to demand that Congress begin impeachment proceedings to uncover the full extent of Trump’s lawlessness.
  • Read the Mueller Report, in large part an impeachment inquiry referral to Congress. Or listen to Audible’s free audio recording of the report. For the Cliffs Notes version, check out Lawfareblog’s excellent notes about the Report.
  • Read The Constitution Requires It, by Free Speech For People Legal Director Ron Fein, co-founder and president John Bonifaz, and chair of the board Ben Clements, with a foreword by The Nation’s national affairs correspondent John Nichols. The book lays out information on impeachment clearly and concisely. And listen to The Constitution is Clear: Impeachment Hearings Now, authoritarian scholar Sarah Kendzior’s Gaslit Nation podcast interview of Bonifaz.

More info: the Whens, Whys, Hows & Whats of impeachment

When? Impeachment talk right now feels like a modern day Goldilocks & the Three Bears, with some people saying “Too soon!” others “Too late!” and the rest “Now!”

  • In the first category we most notably find House Speaker Pelosi and some other House leadership members, who say we need more investigations and more witnesses and more evidence.
  • In the second are those who think we already lost the “window.” According to them, we’re now too close to the 2020 elections and we should just settle it at the ballot box.
  • The third category includes those who’ve been on board all along or have recently reached the tipping point. This large group includes Harvard Law Professor Laurence Tribe, who wrote To End a Presidency, the Power of Impeachment, which cautioned against impeachment, but who is now calling for hearings after the release of the Mueller report. Also in the “Now!” group: members of Congress angered by stonewalling over ignored subpoenas and worse, and some of the 900+ former federal prosecutors who signed onto a statement saying they believe Trump’s conduct as described in the Mueller Report would result in multiple felony obstruction of justice charges for any other person.

Why?

  • For one, as those former federal prosecutors put their reputations on the line to publicly state, the Mueller Report describes numerous acts that satisfy all of the elements for an obstruction charge, conduct that obstructed or attempted to obstruct the truth-finding process, as to which the evidence of corrupt intent and connection to pending proceedings is overwhelming. And, as we used to say to people who complained that the Mueller investigation was taking too long – he keeps committing crimes!
  • In addition, even if it’s unlikely that 45 will be removed from office, we can’t stand by while he shreds the Constitution and damages our democratic institutions. 

How & What?

  • Short answer: Impeachable offenses, impeachment inquiry, articles of impeachment, voting in House, trial in Senate. Sometimes people think impeachment means removal from office, but that happens only if the Senate votes to convict. Bill Clinton was impeached in the House, and acquitted in the Senate.
  • Longer answer:
    • Impeachment doesn’t begin as a foregone conclusion. It begins with an investigation opened by the House Judiciary Committee.
    • Second, the impeachment inquiry can be done quickly or slowly, to accommodate the election season.
    • Third, we believe a well-organized review of Trump’s impeachable offenses won’t hurt Democrats – it would rather be compelling television, informing the public of every high crime and misdemeanor.
    • Fourth, if the Republican dominated Senate refuses to convict, the voters can “convict” at the ballot box, armed with evidence from the House inquiry.
    • Finally, for those who worry about Pence becoming #46, the failure of the Senate to convict resolves that concern, and the investigation may entangle Pence in some of the offenses.

There’s a spectrum of pressure we can put on our electeds, depending in part on our own decisions about how to proceed. The point is that we should NOT sit idly by and say “Wait for 2020” – and you, dear IEB member, can choose to pressure for impeachment or impeachment-adjacent actions – whatever feels right to you. Whether or not we succeed in launching an impeachment inquiry, whether or not that inquiry helps end the Trump nightmare, our actions matter. Bear witness. Go on the record. Stand up and be counted at what could be the most important moral and legal turning point in our lifetimes. 

 

Katie Cameron is a founding member of Alameda4Impeachment. She spent her career in state government in Washington State, and now devotes most of her time to defeating the Trump administration and the corrupt forces that got him elected.

Nancy Latham is on IEB’s Governance Committee, and is a passionate member of the Resistance. In her day job, she works with non-profits, foundations, and government agencies that support greater equity and justice through initiatives in youth development, education, housing, and community development.

Imp Peach Mint photo: Indivisible San Francisco’s Master Steve Rapport