Prof. Posner wrote: "Congress will demand to see Mr. Trump’s tax records and other financial documents."
Make _all_ such documents public, complete & without redaction, going all the way back to the mid-1970s. Nothing else will satisfy me.
9
Trump has already ratcheted up the temperature with the sudden dismissal of Jeff Sessions. Trump is determined to provoke a confrontation by probably installing Lindsey Graham into the Attorney General's spot who will then go about firing Mueller. The Democrats will be pushed into keeping any investigation alive which Trump will use to further divide the country, stoke the hatred of his cult followers, and keep this country in a state of high tension.
Trump is still the danger he was two days ago; a runaway megalomaniac with a narcissistic personality order leading this country towards division and destruction.
9
There ain’t gonna be no impeachment problems after The President gets done with Herr Mueller and his gofors!
1
Don’t wrestle with a pig. You’ll both get covered in mud, and the pig likes it.
7
Hopefully the Democratic majority will not spend their time trying to impeach Trump. Right now there is more important work to do. Infrastructure programs, protection of our safety nets, investigation into voting irregularities, deficit reduction, just to name a few.
The Mueller investigation should take care of Trump, if Mr. Whitaker does not fire Mueller. Here is hoping that doesn't happen, otherwise the Democrats will have to take their focus off of righting the Ship of State, and go for impeachment.
That will not solve our problems, it will only distract us from real work.
4
I'm good with death by a thousand cuts. In the meantime House Dems need to pass some good legislation and if the bills die in the Senate or are vetoed, so be it.
3
Oh please. What progressive fantasies. If the dems act to disrupt and destroy Trump's presidency -- without sufficient evidence of serious malfeasance -- then they'll lose even worse than in 2020. The dems have shown themselves to clowns in their reaction to Trump's victory in 2016. IF -- the economy falters -- Trump will pin the blame squarely on obstructionist dems, and rightly so.
Sure, if Mueller produces evidence of actual collusion between Trump's campaign and Russia, and Trump knew and approved, then he'll be impeached. But his tax returns are irrelevant. Do you really think that in his 2011 tax return there's a loan documented from Vlad? Get real.
The dems are pushing for further partisan divide which could create issues that I don't want to even think about. So the dems better make sure they are acting in good faith and not out of partisan spite and hatred of Trump.
2
Memo to new Democrat House majority. Investigate all you want, and let the public see what you find out. Show all the stuff the previous GOP House majority wouldn't reveal. Full disclosure is called for.
But please don't waste a lot of time and public attention on impeachment. That's a losing battle. Impeachment is only an indictment. The folks who would have to convict are the folks in the Senate, and anyone who thinks that's going to happen on Mitch McConnell's watch needs to come have a look at this bridge I've got for sale.
Instead of impeachment, just air the dirty laundry and let the public draw its own conclusions. Taking back the White House in 2020 is Job Number One.
14
Impeachment is useless unless the GOP-dominated Senate then convicts, which it will not.
3
Right now impeachment is Mr. Mueller's job...
'Republicans will not oblige'
They might not be able to resist. If we can lay this out in the House, that the president is compromised by foreign powers (I think he is), nobody can resist US patriotism. If they do, they will be crucified on a cross of lies.
3
If the comments section is any indication, the Dems are going to blow their chances to win in 2020 pretty quickly.
Go ahead and start impeachment hearings, just out of revenge. There's no chance of success, but do it anyway.
This is exactly why so many people in the U.S. simply cannot bring themselves to vote D.
5
Tax returns. And all of them. Fully dissected.
That’ll be more than enough.
He‘ll have to leave without impeachment.
Go Dems, that’s the mandate.
Best method to show him for what he really is.
6
A lot of good that will do since everyone will just be left running around in circles!! Can the Dems start by focusing on reversing the denial of science first instead?!
4
The word impeachment can not be connected with the word premature. The very word itself describes a current act in current time. It' can not be premature.
It's not too soon to focus on winning bigger in 2020. Make Trump a one term president and send McConnell & co. on their permanent vacations.
Use the the House majority to set the table for the major issues of 2020:
Protect Social Security. Pass a bill in the House to raise the salary limit for contributions, making SS solvent for decades to come.
Failure by the Senate / Trump to support it provides the first big issue. ... Protect Medicare using same strategy... Same for pre-existing medical conditions, needed Infrastructure, possibly a national minimum wage.
Save enough of the "good stuff" from the Mueller and House investigations until after he is out of office, when he and his collaborators can be indicted and do jail time.
3
One could make the argument that, if anything, impeachment proceedings, rather than premature, are long overdue.
Though “executive privilege cannot be used to disrupt investigations into criminal matters,” White House objection that a subpoena is relevant to clearly criminal matters (in a formal presumption of innocence) can stay tied up in the courts well into the 2020 election year.
Meanwhile, Trump’s sales pitches to his ideological base (serving Trumpland need for simple politics) can point to Democratic process as suspect chaos and confusion that undermines Democratic credibility.
So, it’s vital for Democrats to have a better story about their high road. It’s said, in light of Democratic Senate losses, that Democrats lack a compelling story about our America. Democrats have to get our story out and everywhere before 2019 starts.
After all, the 2020 election season starts today.
I don't agree about waiting to impeach Trump. Clinton's impeachment was an obvious partisan farce, over nothing important.
But Trump is another matter. His transgression are far more serious. If there is enough evidence to impeach, he should be.
The presentation of that evidence will give public voice to Trump's misdeeds, and carry to a larger audience by including those parts of the media that cater to the right.
Refusal of the Senate to convict will not hurt the Democrats. On the contrary, it only increases perception of the GOP as a party that tolerates criminal behavior in the White House.
3
As a Republican, I suppose I should be cheering. Most Democrats seem to have learned nothing from the red wave that engulfed the U.S. Senate. Disaffected and apathetic red state voters were going to stay home until the Senate Democrats' low tech lynching of Brett Kavanaugh gave them a reason to turn out in record numbers.
The smarter Democrats already had it figured out. They did not let the word "impeachment" cross their lips. Quite rightly, they understood that going to the voters on a platform of impeaching Trump would turn off an electorate fed up with the Democrats' grudge match over the 2016 election.
Even Posner is only half-wise. He warns Democrats not to launch a "premature" impeachment inquiry. But he still defines the Democrats' agenda as ultimately being to dig up some illegal behavior with which to impeach Trump. That proves you should never get your political advice from a lawyer.
The delusion that Trump could be removed from office by a legal trick -- Russian collusion, the 25th Amendment, now some tax charge -- paralyzed the Democrats for 2 whole years. That became the only thing they could agree on. The result was that they gained fewer seats in the House than usual for the party out of the White House and they were trounced in the Senate.
My free advice is forget about getting even with Trump. Stop feeding the crazies. Take a share in governing the country. It will be better for the Democrats -- and for the country.
10
Agree with your advise. I am a hard core liberal but the charade of trying to impeach Trump is the ONLY thing that could save him. The Republican Senate would never impeach Trump no matter what Mueller finds. THE SENATE WILL NEVER IMPLEACH TRUMP. So any impeachment by the House is simply grandstanding, and dangerous grandstanding, because it will only benefit Trump. Please don't be stupid Democrats. Forget about impeachment. There is so much good you can do with committee hearings on corruption, etc.. So much good legislature you can propose to rebuild the country's infrastructure and lower health and drug care costs. Such legislation might actually pass or at least harm those who oppose it. Don't waste your time on useless self-defeating impeachment proceedings. Don't be stupid.
9
@ACA...won't be necessary. His free, unchecked rein is over, and it's proportionately more satisfactory, in light of what he and his breathtakenly ignorant following have wrought on this country, to watch him cave under the weight of his own weakness and ineptitude.
3
True that a quick kneejerk impeachment would probably backfire, seen as more political than fact-based. Also true that the GOP Senate would find him innocent especially if they're called upon to bring him to trial very soon.
But the other factor is FBI, which has been silent for a while (probably so they couldn't be accused of influencing the elections). No doubt they've continued to investigate and they probably have a lot more now to go after people closer to Trump. If they file charges against other close associates or his family, or even against Trump, it may give Dems the justification for impeachment sooner, and might make it difficult for many GOP Senators to just cover up for Trump any more.
Remember how fast most of the pro-Nixon people abandoned him once it became undeniably obvious that he was guilty and was going down. Congressional Republicans see that siding with Trump is a way to hang on to their power for now, but they won't want to go down with him.
1
Be sure to say Trump's name in every article. It sells newspapers. Be sure not to mention policy, or specific policies going into effect. That makes some readers, particularly Conservatives uncomfortable. It also means a lot of extra energy getting the facts, finding the facts, doing the research. Much easier, and more profitable, to put Trump's name on an article, and hit-- "print".
3
Where are the companion editorials admonishing Senate Republicans about overreaching? It seems the NYT editorial board has internalized the double standard to such a degree that Republicans' sociopathic attacks on, say, consumer and environmental protections, affordable and accessible heath care, etc. are cast as inevitable and normal, hardly worthy of critique. You need to be reminded that the GOP has enthusiastically embraced the rhetoric and ideas of the extreme right. Almost certainly this Senate will maintain its policy of Trump sycophancy, continue to indulge the president's authoritarian attacks on the free press and the democratic voting process, ignore issues of substance (trade wars, foreign policy) while engaging in self-serving cultural wars that baselessly scapegoat women and minorities for complicated social and economic problems. Here in Virginia the voters soundly rejected Trump's Senate Candidate Corey Stewart (along with Trump supporting congressional incumbents like David Brat and Barbara Comstock) precisely because of the dismal record of Trump era Republicans, illustrating at least one concrete example of the consequences of GOP overreach.
9
Too much 'maybe this will happen, maybe that'. More fun to wait til it happens & try to figure out how it will go.
House Democrats need to immediately form an ad-hoc committee on impeachment and keep it on permanent standby and never cease to let Trump know it's there, ready to be put into action.
Anything less than ramping up the pressure on this colossal disgrace of a President would be failure to protect the constitution.
1
The American public OBVIOUSLY wants a check on Mr. Trump--that's why they elected a Democratic House; people are sick and tired of the fear-mongering, race-baiting and undignified general mayhem. However, I see no attempts at overreach on the Democrats' part. In fact, Pelosi said that they intend to protect Mr. Mueller and allow him to finish his work, and I believe that is the proper course to take, no matter where the investigation leads. And if the GOP believes that this approach is "overreach," then so be it.
4
The Democrats message must be crystal clear and simple to understand. The argument should not be higher taxes/tax cuts, but that taxes should be used to benefit the public vs. benefit the rich. (there is still corporate welfare) All the republican messaging about their concern about the deficit is out the window now. So they have lost that argument. What happened to "fiscally conservative"? If the label doesn't fit, they can't wear it. Who do they sacrifice or blame? The public should get justice from those that commit fraud and corruption on their dime. (so many to choose from here) Call out the President and whoever attempts to lie to the American people. If only those who already know, read the "fact check" articles, maybe the lie should be a media headline: "TRUMP LIES TO THE PUBLIC" Trump spreads falsehoods to the public freely, and it is considered one of our freedoms. But from a President? We accept a lot of hypocrisy from him and shrug it off. What have we come to? The media will play the most important role in all this. Expose what they really are attempting to do to our democratic government. This is a critical time in our history. The next two years, Trump must be held accountable.
3
Its really strange that the media is warning of over reach by the new, soon to be appointed, House. Benghazi Benghazi to you too.
Frankly, they should go for the throat, beginning with little donnie snd Kkkavanaugh.
One can only think that the media loves the money that they have neen making off this Administrastion’s contempt for decency.
2
Law-abiding citizens have an obligation to investigate lawlessness and uphold our laws. Regardless of outcome. What will history say about us if we can’t call out lawlessness and unethical conduct that’s right in front of us? Trump is divisive, but even more divisive is the willingness on many to ignore our laws. Those same laws made us a leader in a corrupt world. We need to respect and uphold our laws.
3
Posner makes a fatal error. When you succeed, like a battle in the military, the worst thing to do is sit back. The Democrats should now follow up the success of the election and put the screws to the failed, despicable, and ultimately unlawful Trump administration.
3
Wow, I'm sure this author is a learned, wise person but overreach is a phenomenon has been wholly taken over by the GOP--refusing to hear and confirm Supreme Court justices nominated by Democrats, taking taxpayer money for lavish trips abroad with their families, cutting deals with oil companies while overseeing the environment, and of course, for Trump, enriching himself and issuing executive orders and threats that violate the constitution as many courts have since ruled. Good lord. Democrats, go for it--expose this fraudulent, abusive executive branch and Senate for what it really is. Do you duty!
5
The author is living in a fantasy if he thinks that endless partisan inquisitions by the Democrats will do much to affect this Administration. They'll just relish the battle and their base will rally behind them.
1
The House would have to be idiots to impeach. Gather evidence of corruption and flouting of the Constitution and use them to cleanhouse at the White House, starting with his family. Get all the bad actors out of the Executive Branch-- except one, and that one will have been defanged.
3
@NotMyRealName The Dems have agreed to wait on Mr. Mueller. There are also several meritorious lawsuits over Emoluments that are moving forward through the courts. Finally, the states of New York and Florida are looking into prosecutions regarding tax fraud, money laundering and tax evasion, and Maryland is looking at Jared Kushner for tax evasion and for illegal schemes in connection with his roles at the WH and as a Section 8 slumlord. Things are not looking good for Mr. Trump and his family at all.
1
Please, please pundits and op-ed writers have to stop the hand-wringing about 'over-reach.' Voters want a Dem-led congress to check this lying, scheming president. If the Dems don't do their check-and-balance job, they will alienate their voters. And can anyone tell me why this question about over reach is never directed at the GOP? Where was the questioning about over reach when McConnell stole Obama's Supreme Court pick? Where is calls of over reach when the GOP systematically suppresses voters? And where was the cry about over reach when Trey Gowdy subpoened Hillary Clinton three times before the 2016 with the express purpose of making her look guilty? Where was the cry of over reach when McConnell announced he would block Obama at every turn? Why the double standard? Why are the Dems always supposed to apologize and equivocate while the GOP continues its lying shenanigans?
10
overreach=Benghazi hearings. Nobody comes close to that.
3
@Laurel Dean
overreach=Benghazi hearings?
IMO whatever the GOP did to Clinton over the Benghazi hearings did NOT in fact hurt her. She dealt with it very well (as she should have been able to) and if anything strengthened her with her base. Hillary haters had already been hating her for 20 years.
I think the best we can hope for is (a) Congress will starve Trump initiatives for money. The "Wall" is now toast. Investigations will continue and eventually Trump will take the testify and perjure himself.
The Democrats should have a simple two word phrase that guides their investigation decisions, "Remember Benghazi". Then have at it.
2
Focus on Trump and the chances of getting anything done becomes dubious and it keeps Trump in the spotlight. Trump in the spotlight gets 90% of the Republican vote and enough of the rest to be real-elected in 2020.
If that happens, the government does become a sink hole of debt and no efforts to avert the projected catastrophic results of not replacing coal fired electrical generation by 2030 will occur in 2040.
1
@Casual Observer A fish rots from the HEAD down. If there is corruption at the TOP of government, absolutely nothing gets done anyway. First, the CANCER must be removed for the patient to get well.
The Trump administration clearly has the power to ignore legislative subpoenas. Eric Holder established this during the Obama administration.
Another Liberal Battle Cry that will amount to nothing! Civics 101 is lost on liberals . Trump has the veto power, and like Obama can issue an executive order. Let’s not forget that only the Senate can impeach the President.
1
@George George you may want to retake your Civics class. The HOUSE Impeaches, the Senate indicts.
1
@George But the House has the public megaphone! If investigations uncover criminal activity and "high crimes and misdemeanors" then all the House has to do is reveal these to the public at large. If any Senators even remotely resemble people who are accessories to crimes through coverup or obstruction, THEY can be forced out of office or even jailed. The protection for Mr. Trump is over, THANK GOD!
Friends, words have power and meaning. Let's be precise and correct in their usage.
_Impeachment_ is the equivalent to an _indictment_. Voting articles of impeachment is a power granted to the House of Representatives by the Constitution.
The Constitutional role of the Senate is to conduct a trial, in which it is equivalent to a jury. (The Chief Justice of SCOTUS is the equivalent of a judge who oversees the trial proceedings. There are others who serve as prosecuting and defense attorneys.) The Senate then renders a verdict — either to convict or not. The only Constitutional remedy the Senate can impose is removal from office.
Is an open question whether a president, after being removed from office, can then be subjected to criminal indictment and trial under Federal or State law. Gerry Ford preempted the question regarding Nixon by issuing him a full and complete pardon. Perhaps we shall see in the case of Trump Sr.
ALL the Dems can do is hold hearings and investigate. The Republican-held Senate will ensure no meaningful legislation leaks out of Congress for the next two years.
@Steven B And the Dems can inform the public at large of the RESULTS of those investigations should the Senate fail in its duty. The millions of angry citizens who show up at the Capitol then will make the Kavanaugh hearings look like a cakewalk. And in 2020, out they go!
Under investigative pressure Trump may unravel and repeat a Holt interview admitting he fires Comey over the Russia investigation. Trump has no guard rails now and will react emotionally with rages and easily proven lies. Not a pretty picture for a president unraveling in public constant claiming how unfairly he is treated is getting tired. The media repeats what he says and tweets ,TRump is outraged at reality and insists on an alternate reality where he is worshiped like his hero Kim.
2
Professor Posner really downplays the idea of Democratic overreach. The problem for the Professor, and at least establishment Democrats, is that "Democrats" and "overreach" go together like milk and cookies. Posner doesn't bring up the word impeachment until deep into his column, but the #Resistance should not worry: Maxine Waters and her cadres will overthrow Pelosi and her associates if an impeachment bill is not introduced within hours of the next Congress being sworn in. And it will be, as the record turnout we saw yesterday was driven partly by left wing fury at the results of the 2016 election. Impeachment and who knows what else....a nostalgic re-introduction of the guillotine?...are now on the table, which will in all probability set up a big win for Trump in 2020.
3
@Achilles
you do enjoy your hyperbole don't you....
Leave it to the Democrats to pull defeat from the jaws of victory. They need to come up with a coherent plan to convince the working and middle class that they have their backs, just like back in the old days. Then use their power to load up the legislative agenda with laws that will benefit the majority of us, not big business and the ultra wealthy. They also need to lean on the media to start giving equal weight to Democratic concerns. With the current dinosaurs in the leadership, I fear my first sentence will be prescient.
4
@George They've ALWAYS had such a plan--you haven't been listening. You and most trump supporters have been so busy listening to the tweets and soaking up propaganda that satisfies your own confirmational bias that you haven't been able to see anything else. The first two major items on the Democratic Party platform have directly to do with bolstering the poor working class and the middle class and controlling the power of Big Business to harm workers. READ IT for yourself:
https://democrats.org/about/party-platform/
Why is *everyone* as of this morning's flood of Advise-to-Democrats, offering entreaties to slow down, tread cautiously; don't overreach...
About the only thing left out is another episode of "how to reach out to Trump's base."
Have we become so stunned by the reality of actually having sanity and responsibility back in the House of Representatives, we are now frozen with fear? Too afraid Democrats will go too far; what is too far in Trump's Amerika?
Seriously; there is virtually nothing Democrats can do that will ever be too far in the process of cleaning up the literal shambles the Republican-controlled House has wreaked on this nation- conjoined with a criminal and sociopath for a president: Donald Trump is a walking constitutional crisis.
This isn't the time band-aids. The wounds to our Democracy are too deep.
7
The interaction of congress and Trump's chaotic, divisive and corrupt administration? Sounds like an entertaining mess?
Well, what will Putin say about all this?
Here's satire from The Borowitz Report The New Yorker Magazine
"Putin Loses Control of the House"
By Andy Borowitz November 6, 2018
"MOSCOW (The Borowitz Report)—Calling it “the biggest disappointment of my political career,” Vladimir Putin conceded late Tuesday night that he had lost control of the United States House of Representatives.
Putin made his concession speech from the Kremlin, where he congratulated the Democrats for waging a “tough fight.”
“Maybe if Facebook and Twitter hadn’t banned so many of my fake accounts, the results would have been different,” Putin said. “But I don’t want to make excuses—I threw everything I had at these races, and I lost.”
Putin did, however, have harsh words for Donald Trump, who opted for a fear-mongering closing argument about immigration despite the Russian President’s objections.
“I warned him that that would kill us in the suburbs, and he ignored me,” Putin said. “I hope this teaches him never to disobey my orders again.”
7
Smart politicians would start with good governance, based on facts not fantasy, that everyone can believe in.
3
was the electorate more high minded in the early 70s, giving Nixon an approval of around 20%... while today Trump "enjoys" an approval rating somewhere around twice that high? are we more forgiving... or did Tricky Dicky just hang around too long in the public sphere?
in retrospect, perhaps Nixon sank himself in his gloom, paranoia, and heavy drinking. always flashier, Trump is more likely to blow himself up. he's already sitting on a mointain kf explosives and he's lit the fuse himself...
1
For those worried about investigative overreach I have one word "BENGHAZI".
Did over reach hurt the GOP?
You have POtuS Trump as proof it didn't.
5
Solid cool advice. The Democrats should not attempt to impeach Trump, but the must continuously investigate him and his administration. If the outrage and disgust with the revelations is bad enough the Republicans will ask the Democrats to cooperate with their own impeachment charges that they will advance in an attempt to save the Republican Party. This is the slow motion car crash that the reactionary part of the country must witness if we dare to hope that the scales will eventually fall from their eyes regarding their cruel deception and manipulation by the Republicans.
3
I would caution the democrats from going negative right away---first, get some positive legislation going---even it is vetoed---let the public---especially the middle class---know you are on their side---let Trump and the GOP be the party of no. As to Trump's moral and legal problems---of course investigate---but be very selective in what you go after---don't allow Trump into the game.
4
Great ideas from a liberal elitist. I would invite democrats to spend all their time investigating this administration and send thousands subpoenas to harass President Trump and his administration just as Newt Gingrich did to President Clinton. Do not try an accomplish anything meaningful by bipartisanship and continue the gridlock that has plagued Washington for the last decade. That should reveal the true agenda of the Democratic Party which is to shove down our throats what they righteously believe is what is best for us unenlightened deplorables. Because we like so much to be told what is good for us by celebrities, liberal elitists and academics.
3
Dems should just create a record they can run on in 2020---try to pass laws that would benefit the lives of millions of average Americans that the GOP will block. Just explain it and run on it.
37
There are three broad categories of investigations that can make sense:
1. Investigations to identify the possible ways to address major problems. One example might be high prescription drug prices with a goal of writing the most effective legislation. If well founded legislation is blocked by the Senate or President, this also generates motivating campaign material.
2. Investigations to identify and prevent malfeasance in the way laws are enforced. Corruption and abuse of power clearly qualify. With a target-rich environment, focus matters.
3. Investigations to thwart the attack on truth. If we deliberately blind ourselves to the world around us, it is not possible to make good choices. Removing climate data and cutting research, breaking the census..., are all ways to ensure what we do as a nation will be wrong.
Investigations in Republican-led Senates and Congress seemed designed to create campaign issues and propagate lies and distortions. Investigations should further governance, legislation, and accurate knowledge. Democrats should not be afraid to bring facts and sanity to our nation.
3
Nancy Pelosi was wise, yesterday, to make clear that impeachment is not on her agenda. There are priorities the Democrats have that should come now. But Pelosi's provisional clarification should not be taken as permanent.
Not long hence will come the report of the Mueller inquiry. The findings will go to Congress for further action. At that point, Pelosi may have good reason, and perhaps an obligation, to reconsider whether to move on impeachment.
1
Trump will not be embarrassed by any hearing. he will counter attack as he is wont to. That is not the way to win the hearts and votes of Americans. The Democrats will have to hold hearings that will show the extent of corruption in this administration. Starting from the top and all the way down, Trump, his family, and his appointees (not all, thankfully) have shown utter disdain for transparency and decorum. Once the public hearings expose that seamy side, people will fall over themselves to implicate Trump. After all, why would they want to face charges of perjury when it could be as simple as testifying the truth which will expose Trump.
2
I say let Trump ride high awhile longer and see if he doesn't make his own undoing. The worse he is the more Democrats he creates!
3
There is almost no chance of anything resembling overreach given that Pelosi the corporatist will likely be leading the house. She has already signaled that they will likely be focusing on shoring up the ACA and controlling prescription drug prices while the empire implodes, fascism rises, and the climate melts down.
1
Democrats should crush him, block him, obstruct him, and offer no cooperation or collaboration, in the name of Merrick Garland, the ACA, and the women and minorities who took back the house
4
and Democrats will persuade George Soros to pay off Mitch McConnell to flip and lead the charge? get a grip.
1
The Democrats can use their platform to tell the truth and hopefully get scales to fall from enough eyes to win more in 2020.
Example: there are 10's of million of Trump voters that think "coal mining is back". I assume Trump believes this too. I doubt his advisors do.
Data: since Trump has taken office, the number of coal mining jobs has increased by 2,000. That's the number of jobs created in the rest of the economy in a period of 2 hours. In addition, US coal production has declined 10% since Trump took office. Is this reported on FOX News? Unlikely.
10
The first thing Democrats in the House should do is unearth that bipartisan immigration bill that Boehner refused to put on the table, pass it and send to the so called president.
And when he doesn't sign it spend the next two years educating Americans on why he and his party would not agree to immigration reform.
If enough voters finally realize that immigration is the mess it is because republicans need the wedge issue, not the fix, we might really begin to wrest away the reins of power from these posers.
The next two years will be some what more sane than the last two, but as long as the so called president sits in the White House our Nation is sullied.
8
I would suggest an investigation into the integrity of the voting system, from registering to vote through voter purges, and missing polling places, etc. Ending voter suppression should be an urgent goal for Democrats--and citizens.
Yes Russian interference may be a factor, but we have plenty of domestic attempts to prevent voters from voting. The focus should be on voter participation, applying a reality test (how many were disenfranchised compared to how much crime was prevented) for any voter qualification test.
America wins when our voting rates climb--and every vote counts and can be verified.
Gerrymandering should be addressed separately, including ensuring an accurate census, and a test to mandate reapportionment if the overall state vote ratio of Democrats to Republicans is too widely divergent from the ratio of Democrats to Republicans actually elected.
Protecting democracy and freedom needs to start with protecting the value of every vote.
7
yes, look at all those very tight races (most of them) and imagine an outcome if they were free from obstruction and gerrymandering.
Good article, Eric. I think containment is the best strategy for the Dems. Impeachment should be off the table.
1
Impeachment is off the table with the pickups in the Senate for R's. They will not convict.
Uncovering felonies and massive tax fraud is wise. Trump ignores truth, but juries don't.
3
Republicans gained Senate seats due to Democratic 'overreach' during the Kavanaugh hearings. If House Democrats don't take that lesson to heart, their majority will be short-lived.
4
@JB
The republicans gained only gained Kavanaugh due to 'overreach' - through obstructing a qualified candidate...
If Democrats roll over and act like good little doggies and just play nice, their voters will once again lose heart fail to turn out and their majority will be short lived.
I don't personally advocate impeachment - it would be a futile act without the willing votes of the Senate, not to mention that 'President Pence' is a far scarier thought to contemplate than 2 more years of buffoonery, so any impeachment would, in my opinion, need to take down *both*... and I cannot see that happening. BUT... I do hope for plenty of investigations and public disclosure and plenty of Democrats fighting for what is right, rather than compromising on the unconscionable.
I don't expect 'the base' to be swayed in the slightest - they've already closed their eyes tightly to the lies and corruption that dog this administration, they are a lost cause, but the rest of us need to be able to see clearly that steps are being taken to expose these problems and we need to see clearly who the obstructions to solving them are. Sad to say, but in this day and age it seems only outrage can get out the vote.
1
If the Democrats make going after Trump their first priority, it might well be their last. This is what Trump wants: to serve a "weapon of mass distraction" that will thwart efforts by the Democrats to show they're capable of making American's lives better.
Certainly they can investigate and hold hearings and subpoena documents, and if Mueller ever finishes his investigation, they could act on that if there is concrete proof of Trump crimes, but they had better be busy creating legislation to finally get the Infrastructure Initiative off the ground, and other bills that will help the 99%.
The Democrats have been given a chance, and they had better make the best of it.
12
Let us all remember that no matter how abhorrent we find a President Trump, a President Pence would be a danger that we do not want to face... Wrapped in that pleasantly bland package that carries none of the scars of scandal and none of the bombast that attracts attention, is a religious zealot, who would happily convert this country to a theocracy of his design if given the opportunity...
18
*Any* efforts by Democrats to hold this corrupt administration to any reasonable standards of lawfulness and decency will be seen as "overreach" as long as mainstream publications keep using the word. We know what Fox News and Trump are going to call it. But the more general public opinion will be shaped by more mainstream political discourse. And as long as every article about the new Democratic House majority has the word "overreach" in its headline, that is the lens through which the most restrained and reasonable efforts to rein in this authoritarian and corrupt administration will be viewed.
6
Initially I thought this article was a joke! Sadly, it's not. The Republican criminals in this administration should be very, very nervous. It's Mueller time in America.
9
Wise words, Mr. Posner. Wise words. And I say this, not being
(1) a lawyer
(2) a politician.
I do believe the threat of actual impeachment--unavailing as it would be, considering our Republican-dominated Senate--would nevertheless rally the base. Constitute any number of red rags flaunted in front of angry bulls pawing the dirt in Texas. . .Nevada. .. . .Arkansas. . . .my own state of Pennsylvania. . . . ..
No. Not a smart Idea. I agree with much-vilified James Comey when-himself deprecating an impeachment--he declared, "Leave it to the voters in 2020."
And, having said all that--
--Lord, Mr. Posner! There is so much DIRT connected with this man. So many shady, unexplored corners into which half the nation is longing to shine a bright, impartial, non-partisan light. Those mysterious locked doors in the history of Mr. Trump's financial shenanigans over the years. I'm sorry, sir. . . . .
. . .BUT LET THE GOOD TIMES ROLL!
And yet--
--your points are all well taken. I agree, sir--I agree.
To quote W. S. Gilbert (while rehearsing "Mikado")--
"Rapture--yes.
"But MODIFIED rapture."
Thank you, sir. Fine piece.
3
Overreach? Really?
After two years of Republican's:
ethics violations
-obstruction of investigations
-destruction of rules and norms
-gross dereliction of duty, and
-hideous underhanded treatment of their colleagues?
It will be impossible to overreach--in fact if Dems do not address these issues, they themselves will be derelict in their duties.
And don't think for a minute Republicans would hold back if the shoe was on the other foot.
9
The Dems need to forget all the drama and concentrate on some concrete objectives:
1) Preserve, maintain and possibly improve Social Security, Medicare and Medicaid.
2) Repair the damage done to the ACA and propose improvements.
3) Propose real immigration reform: prosecution for those hiring undocumented workers; implement a strong guest-worker system (for migrant workers). Simplify the work-visa system.
4) Propose lower taxes for families mirroring what was done by Republicans for the wealthy and corporations.
5) Eliminate all farm subsidies. Eliminate the tax exempt status for religions organizations.
These are just a few specific examples. By all means, let the Republicans have credit for the things they've done, but show how they haven't really helped regular working Americans.
8
Not 12 hours after winning the House, we already have pieces about how Dems should be gentle in wielding power when the Republicans have abandoned any sense of restraint. This kind of horse race analysis is precisely why our national conversation is so broken. Maybe we should support an investigation into the truth, and make sure that truth has consequences. Because Republicans disregard any calls for civility or respecting norms and they seem to be doing quite well in their sustained overreach from Benghazi, to Garland, to widespread voter suppression.
38
@Rob Kotecki: Not so sure. Look at the reaction to the Kavanaugh hearings. The Dems merely brought forward a couple of accusations from seemingly credible witnesses, and calmy asked a few questions about it. Half of America thought they were guilty of hysterical character assassination, and became aggrieved and motivated by it.
Every new Democratic member of Congress, Mr. Posner, ought to be greeted in their office in the Capital by handing him or her a copy of this article. Your analysis of the possibilities and the pitfalls that a the new Democratic majoritarian Congress presents is masterful in it's depth of insight while refreshingly cautionary in it's lack of post election ballyhoo. This is the type of analysis that keeps me turning to the NYTs day after day for my morning dose of reality.
4
The Democrats will exhaust the nation's patience if
they carry out investigation after investigation concerning
Trump.
Better to choose one or two that stand the best chance
of revealing the greatest malfeasance.
6
Let's wait and see what the Mueller report says. IF the Trump campaign conspired with Russia on Trump's behalf, and Trump knew it, that is not just a crime, but a lot of very serious crimes and a total betrayal of his oath of office. If you can't justify impeachment for that, then the Constitution's impeachment process is meaningless.
I say IF, but Trump and cohorts couldn't possibly act any guiltier short of walking into the police station nd confessing on the record. Which some of them already did. did
There are RICO prosecutors in Mueller's team. He doesn't seem like a guy who does things for no reason.
9
While Trump screamed about chain migration in the waning days of the election period, not a word was uttered from the opposition about Melania’s parents who “chained” their way to citizenship this past April. Again, another example of the softy Dems who can’t bring themselves to play hardball. Somebody is going to have to put some teeth into 2020 or else...
57
Mrs. Trump's parents are white Europeans. that's different.
2
Congressional Democrats can indeed restrain Trump, and impeachment proceedings would indeed be self-defeating -- yet another well-reasoned and well-written opinion column by Professor Posner.
However, thanks to the Supreme Court's Citizens United vs. Federal Election Commission ruling of January, 2010, both Republican and Democratic members of the Congress are now accepting unlimited unanimous bribes from billionaires.
The decision, along with subsequent Supreme Court rulings, destroyed the American democracy, and there is no hope of restoring it unless the media begin to address the need to overturn Citizens United.
9
Trump will accuse the Democrats of being obstructionist and antagonistic regardless of how they behave with their majority so they might as well grab whatever they can, while they can. No matter what they do Trump is going to scapegoat them to rally his base in 2020, and the senatorial gains made by the GOP shows the electorate is still deeply divided.
Rather than a "blue wave" sweeping across the country, I think this midterm election is the lethargic Democratic voter base shaking itself awake. Previously lopsided voter enthusiasm is now evening out or flipping states over as a now energetic Democratic voter base becomes engaged.
As a result the Democrats now have their foot in the door of government. There's no telling though for how long the voters will stay enthusiastic and engaged, the Democrats historically have a problem of maintaining voter interest outside national elections. If they let complacency in this victory overtake them as they did after Obama's presidential wins, they could see a backslide very quickly.
It's for that reason I think the best strategy is for the Democrats to hit hard and fast while they have control of the house. They don't know how long this advantage will last but with Congress's disastrously low approval ratings I wouldn't bet on public support buoying their control for long.
3
Once again, Democrats are being told to turn the other cheek, let bygones be bygones. Why does this never get asked of Republicans? I say, let the overreach begin. And if things get tied up and delayed in the courts, that’s an advantage for Democrats. It will keep the focus on his corrupt administration going until the 2020 elections.
14
Do you mean overreach the way House Republicans have been doing for 8 years? The problem House Democrats have is a massive overabundance of illegal & unethical actions committed by Donald Trump, his oligarch Cabinet, & his aides & Congressional supporters. Trump has an affinity for using people like himself - except without his "YUGE" brain;) So he has an entire administration built of liars, thieves, & people with a total contempt for the People, the Rule of Law, democratic norms, &, above all, the Constitution. Just his poodle Devon Nunes's lies & disinformation could keep an entire committee tied up for a year. Meanwhile, with all of the truly record-setting misfeasance, malfeasance, & non-feasance of the Trump administration and its Congressional poodles, Chuck Grassley now wants to have yet another investigation of Hillary Clinton. Well, I guess the Senate Republicans have to have SOMETHING to do since they aren't bothering to spend any time seeing to their Constitutional responsibility to act as a check & balance against egregious misuse of power by this kleptocratic, fear-mongering, authoritarian administration.
16
And did you, Mr. Posner, write an article about fearing that the Republicans will overreach when they won their majorities? But guess who really, really overreached? And did you lay out a map for how Democrats could inhibit that massive overreach (as you did in this article for Republicans)?
20
The best strategy for Democrats is to stop allowing Trump to be the focus of attention. Turn the attention of the country on the real needs and concerns of everyone. Make it clear that the Democrats are determined to serve the interests of all. Deal with the policies exclusive from those who advocate or oppose them. Focus on laws not on people and don’t let the Republicans trivialize issues about which they do not wish to consider. Just keep working with what is real. Eventually, the nonsense reality show that Republicans are presenting will become tiresome and the public will focus upon reality, again.
17
There are three things that the Democratic House can do: (1) block bad legislation, such as another tax cut for the rich; (2) investigate, but not impeach; and (3) pass bills that will almost certainly die in the Senate but which will become the Democratic platform for 2020.
106
@John Graubard
SPOT ON
4
@John Graubard
The Democrat house majority is very slim. It's easy to get 100% behind opposing a Trump initiative, but not as easy getting the same in support of a bill initiated by A Democrat.
So if the strategy is to pass bills certain to fail in the Senate, then that's easy to do. If the goal is to pass something that will pass the Senate and a potential veto, then that will require some good judgement and cooperation with the other side.
4
@John Graubard
Democrats have two years to concentrate on some very key Senate seats. Organization pays. In the meantime, your three points are excellent. Throughout all, add some important lessons on civics for our voting but often ill-informed populace.
3
President Clinton was always popular with the American people, while Don Trump has never been.
The GOP has used the House of Representatives to pursue empty multiple investigations of nothing at all for pure politics.
Donald Trump, however, is easily the most corrupt man to be put in office in the nation’s history.
If the GOP could justify scores of hearings on Benghazi, the Democrats can easily justify investigating violations of the emoluments clause of the Constitution.
If the GOP could spend years on Whitewater, the American people deserve to understand the source of Russian money financing Trump through inflated real estate transactions, Deutsche Bank loans collateralized by Russian wealth management clients in Cyprus, and other wealth transfers.
Don Trump has enriched himself through graft, serial bankruptcies with fraudulent conveyance, corruption in gambling and construction, and finally as a paid stooge for Russia after US banks and courts stopped facilitating his string of cons in America.
Karma delayed is not karma denied.
20
Not once did I read the phrases "executive order" or "executive orders" that are indispensable to the pursuit of an agenda by the imperial president. Nor is anyone but me questioning the ingrained stupidity of relying on a worn-out paradigm--the two-party state--when it's crystal clear that the real rulers of the USA are the multinational corporations. Without any campaign finance reform that many Americans have been begging for since the mid-1970s at least, we are all at the mercy of the K Street lobbyists and their amoral plutocratic clients, regardless of which party "wins".
4
Overreach is hardly an issue. Mueller will likely return more indictments and information and the House will expose more information as well. It should simply be the truth and nothing else. Why try to paint it as anything else. We all know the president is a criminal. Only a fool could believe differently. If the you think that criminality is okay tell us why. Please give us the reasons that a criminal should be president. While your at it help the DFL expose all the criminals they have. One truth is that liberal voters don't mind if you find their criminal politicians. On the other hand GOP voters prefer criminal politicians. Law school indeed. What law is that? The law of the jungle that gives the biggest pile of money all the access and power?
6
If the Democrats in the house try to impeach him without a two-thirds majority in the senate they will fail, look weaker for the effort, and most likely turn off the same voters they desperately need to someday recapture both chambers of congress and defeat Trump in 2020 (a far greater victory, if you ask me).
@ian They don't have to impeach. All they have to do is expose the truth and let the GOP show their true colors (even though we all know what those are). The focus should be on the next election, but not showing what Trump is hiding is a mistake. He is clearly desperate to cover up what he knows he has done. There is no reason to protect the criminal from being exposed.
I am wary of the staying power of the Republicans’ grinning recalcitrance to restrain the president. The Congress is mandated, by the Constitution, to work for the people—not the president. The Republican-majority doesn’t want to embarrass him but protect him. But at what cost?
Nancy Pelosi will probably assume her Speakership after eight years out of power. She is perhaps wise enough to concentrate the party’s focus on legislation and not resentment. Whatever fantasies the Democrats had of removing Donald Trump from office via the impeachment route is dead on arrival. I have serious doubts that if the president did shoot someone on Fifth Avenue in broad daylight on national television that the GOP Senate would convict him of a homicide.
The Democratic majority in the House—come January—needs to keep as many balls in the air as possible—the greatest oversight imaginable—to keep this rampant elephant at bay. There are far too many Republicans who mirror the president’s antagonisms to defeat him on matters of pure ideology. He must be confronted and frustrated—not out of a mean-spirited partisanship—that is a GOP hallmark—but out of verifiable, demonstrable and justifiable cases based on solid merits.
If the House can annoy the president by making him race away from accountability with undeniable proof of wrongdoing, perhaps its turnover, can, in tangible ways, offset the growing red state colossus that is the Senate—and summon him to a reckoning long overdue.
11
Given the realities of the Senate make-up, I don't see a lot of potential for overreach, even if they tried. And turning up the heat on this mess of a presidency can only be good at this point. I don't expect a lot of spectacular truths to be uncovered (although who knows with this mess). More likely Trump will make more boneheaded, self-destructive moves than before, which he usually does when his ego is questioned. Narcissism is what gets him up in the morning and shedding more light into that morass is sorely needed is a welcome change from the prior enablers in congress.
7
I am tired of reading all of these cautionary tales of why the Democrats must not overreach.
I agree impeachment should be off the table. Not because of voter backlash, but the consequences of succeeding. The thought of VP Pence becoming President should scare everyone. The tweets would stop, but the dismantling of our democracy would hasten in back rooms and in silence.
Worrying about too many investigations is foolish.
One overriding issue of the Democratic Party is its timidity and fear.
Maybe they should move to the middle? Maybe they should move to the left or the right? Maybe they could focus on what the public needs and support candidates who will serve their constituents instead of trying to fit a model decided by a National Committee. The same national committee which anointed Ms. Clinton and sabotaged Bernie Sanders, which in turn gave us Trump.
It has been said, all politics are local. Quit donating money to the DNC and give it directly to your local candidates, so they don't have to regurgitate ideas which have no local focus and genuflect to get campaign funds.
Democrats need to be fearless and reflect the varying demographics of their districts, and quit trying to be one size fits all.
30
Here is exactly what the Democrats will do. The Democrats, unlike Republicans believe in good government. Instead of standing like a monolithic wall against progress like the Republicans did in the Obama years they will work with this miserable president to get an infrastructure bill through, increasing the national debt and insuring the reelection of this miscreant of a president. Take that bet to Vegas and collect your winnings.
9
The main job of OUR U.S. House this term will be to have real investigations into Russian interference in OUR elections and the role The Con Don and his Robber Baron brethren played.
They simply need to hold OUR ground until we kick The Con Don and his Robber Baron brethren OUT of OUR governments at every level in 2020.
I'm going to do everything possible to make sure it happens. Are you?
15
House Dems do not have power until January.
They should move wisely and cautiously to finish their House investigations and subpoenas which were suddenly shut down by Nunes.
Mueller will most likely issue more indictments this week to which Trump, in his fury, will probably react by firing Sessions and/or Rosenstein, and direct the Inspector General to fire Mueller. Watch for Trump to start issuing pardons.
I don't see how Pelosi can stop from starting impeachment proceedings after Trump orders the inevitable Saturday night massacre we all know is coming.
11
@JM
"They should move wisely and cautiously..."
Wrong! They should move wisely and BOLDLY! Just ponder, for a moment, what th repubs got away with in th last 20 years, with not one, single apology or act of contrition of any type since Newt became a household word! Ad nauseum.
4
What made the strategy for winning the House possible, might lead to the Democrat short comings.
"Run the candidate that can win the district." In and of itself, it is a good strategy. I think legislatively it will be a loser. Remember those special elections Democrats won? Conner Lamb and Doug Jones. Pro-life, pro Second Amendment. If they don't want to be one term wonders, do they vote the district or the party? Dems can only afford 10 or 20 defections.
These people won in moderate districts, their constituents may not want to waste much time on investigations, especially if the investigatee doesn't co-operate.
There is more to governing than abortion and gun control. There is probably a lot more common ground between Lamb, Jones and their party than these two areas of disagreement.
2
Why did I know that the Times would have an article about the Democrats over-reaching today? Why?
10
@rms
So true
@rms - Mainstream media exist to deliver audiences to their advertisers, unlike the right-wing media who want to deliver audiences to their ideologies. In New York City, the three papers are carefully crafted to reach different, conflicting audiences. The NY Post goes for the range from Conservative to hard-right reactionary market. The Daily News is aimed at working-class & middle-class market. The NYT plays liberal (sort of) in order to reach the more affluent, better educated professional classes. It's fun to watch the NYT carefully sanitize stories & then go to the Guardian (www.theguardian.com/us) & read all of the salient facts the NYT omitted. The NYT has the largest web audience of any print media. The Guardian is number 2, with a third of their audience Americans. It is funded by a 1923 trust fund, so doesn't have to tread lightly around advertisers, the political establishment, or their own executives.
Remember that the NYT has yet to call on Trump to resign & didn't call on Bush to resign after the illegal invasion of Iraq & the massive illegal surveillance of Americans. But the Times DID call on Bill Clinton to resign after one lie that had nothing to do with his official responsibilities & could much more likely be attributed to not admitting a dalliance with a consenting adult to his wife & daughter. How many times has Trump done the same thing (except Trump & his GOP wall prevent Trump from ever having to take an oath, letting him lie with impunity.
2
Trump thrives on chaos and counter-punching, so I think he will welcome bouts/clashes with the new Democratic controlled House of Representatives. I just hope the Dems are ready to rumble. And I really hope they’re brushing up on their boxing skills so we can deliver the final knock-out (death) blow to Trump in 2020.
8
@Zareen
As others have so aptly put it - the Dems should focus on tangible, fact supported malfeasance of the current administration. Open the eyes of those DJT supporters who vote against their own interest, show them what DJT is really doing to them financially, destroying the social infrastructure that they rely on - make it real for them. Don't make it hyperbole or personal, that plays into DJT's hand, he thrives on that - if it isn't real, don't pursue it. Yes, get his taxes out in the public eye, that's a good start. Don't waste time on impeachment unless you believe you have something so egregious even Mitch McConnell can't ignore it (that's a pretty high bar - DJT would have to personally assault Mitch or threaten his personal interests in some way).
1
Are you kidding me? Republicans are the face of over reach. I say let the House reach as far as possible. Republicans started the over reach game when Obama was president and Trump upped the game. The votes aren’t even fully counted and Trump is threatening the Congress. So the new Congress better play nice with Trump, no over reach!
19
Look at the numbers! The (D)s barely won a majority. 2 members flipped and the (R) gets what they want.
The (D)s must absolutely unite and maintain party discipline.
2
@The Poet McTeagle - the biggest victory the Dems won is that now they, and not the GOP, will have the majority membership on all House committees as well as the leadership on each committee (with Subpoena and Contempt of Congress power). There is also no way for Trump to block the House Ways & Means Committee from making all of Trump's tax returns public (not to mention the subject of a thorough investigation). Let the crude coverups end & the honest investigations begin.
2
Posner is correct. Impeachment is but a pipe dream. Oversight hearings can accomplish everything that impeachment hearings can, and more. Impeachment must focus on Trump. Oversight can look at anything in the executive branch.
Real oversight hearings can make the House's inquisition of Hillary look like a Sunday school picnic. They can drive down Trump's numbers as much or more as Hillary suffered from the fake hearings on BENGHAZI!!!!!!!!!!
The only real question for the Democrats is where to start. Such a target-rich environment! Such a wealth of investigative riches!
39
Mr. Mueller has been relatively reticent in advance of the midterms, wishing to avoid the meddling accusations that rightly plagued Comey. But he and his didn't spend scores of hours "interviewing" Manafort, Flynn, Cohen and others close to Trump just for the hell of it.
No one can predict the ultimate outcome, but some very significant news will be coming from the Mueller investigation very soon. Bet on it. Then all of the other speculation will recede into the shadows as the light pours into the vast expanse of Trump misdeeds.
17
@barking doggerel
One can only hope...
3
Mr. Posner is still laboring under a delusion: that Trump will adhere to any norm. If you want to know where Trump's boundaries are on behavior... simply look at the hard legal limit, and walk just a hair past that line... steal everything in sight... and aim your lawyers at anyone who dares question your thievery. That's where he is on literally everything.
So no, Trump won't respect our legal system or processes or "norms." The Dems will have to use hard power and every took in the kit to exercise their Constitutional responsibility of oversight.
30
This opinion piece is theoretically concise in a flow of political logics. However, one reality, in my view, is that the perception and reactions of Republicans and Mr. Trump’s supporters would not take the same logical thoughts in the coming years. In addition, the more the current executive power is constrained, the more the governmental policies would be on success; for which Mr. Trump might be fully credited. If this happens, the liberal media will certainly raise voices for protests, which would conversely energize their opponents. There have been established patterns as if an inevitable cycle. How to withdraw from it becomes a key to exit.
I certainly hope some of your predictions about Trump's weakened position prove true....and that the Democrats don't "rescue him" as you suggest they could through premature impeachment proceedings. I say let more and more evidence mount until the corruption of all the carcasses and skeletons in Trump's cabinet and personal boudoir are revealed, and then strike....At that point, the Senate choosing not to impeach him would render them all treasonous in their own upholding and defending of criminal activity.
3
Somehow I don't Democrats will lose their minds and ... hold a three-year Benghazi hearing, for example. What I do hope is that they will fight back with the real, but limited, tools they have available. Oversight -- the constitutional duty of oversight -- has been limited to pushback from the minority party; now it will control that agenda. The power of the budget has changed hands -- say goodbye to scuttling Obamacare! You say you want to cut Medicare to shore up the government's finances after the massive trillion-dollar tax cut for the rich? In a pig's eye!
The fact that we didn't take back or at least even the Senate means that the Supreme Court and appellate courts are still in the hands of the Dark Lord.... The fact that we didn't win back more governorships means that the battle over gerrymandering will be that much harder.
NO! This is not a time for Democrats to be the adults in the room and remember to bring donuts to all the hearings. This is a time for the exercise of new strength. Campaign workers all over this great country fought like crazy to level this playing field, and succeeded well enough to get us in the game. Don't let us down!
12
Mr. Posner is spot on... An impeachment attempt would be a foolish enterprise likely to backfire.
Expose the horrible truths about DT daily, with calm clarity and documentation.
Then facilitate rigorous legal action in all applicable venues to relieve him of his ill-gotten wealth.
This is the monster's Achille's Heel.
10
We Democrats weren't happy with the performance of the Democratic Party before 2016. We'll be just as disappointed if we expect them to suddenly change. They are as deep in the pocket of big business and PACs as they ever were.
4
Can’t be impeached? What do you think Mueller has been doing? He needed to wait and hope there would be a Democrat controlled House after the mid-terms. Now he’ll have that. Trump is so obviously a corrupt criminal that House investigators will have an embarrassment of riches. He may also be guilty of treason due to his financial connections to Russian oligarchs, so please do not normalize the most indecent American president ever. He makes Tricky Dick look like a mildly evil boy scout.
38
@Steve Collins
Democrats have the power to impeach the president, but lack the votes to remove him from office without the support of close to half of the Republican senators. Impeaching Trump would make impeachment the key issue of the Trump administration, rather than the actions of the administration. It would strengthen him politically by giving him a better enemy to demonize.
9
Democrats had better show that they will use this opportunity to rein in and oppose the most corrupt and incompetent Administration in history.
When Republicans held endless investigations of HRC, WJC, BHO etc., reflexively opposed every single thing BHO tried to do, and refused to compromise one inch with Democrats, that showed their constituents that they would fight to the death for the issues that mattered to them. And they were rewarded for that.
Democrats and the country cannot afford the "if they go low we go high" approach. These times call for some backbone and willingness to mix it up.
92
@Pat
Amen!!
3
Good advice: act wisely! Nothing like overplaying the hand you've been dealt, and Democrats will do better if they listen to this sage advice from the law prof. It is too tempting to go for Trump's throat after all the shouting and treachery, but the more skillful the cutting is done, the less bleeding there will be. There has to be more than enough fruit in the basket, or meat or all other tidbits and shanks of possible felonies that there is no need to get sick from over-indulging. Take care and constrain this beast of a president.
54
The Times has already quoted Pelosi to the effect that impeachment is not on her agenda, unless some Republicans want to join the effort--and she said that before she even knew the Senate would remain Republican. Unfortunately, this means that the Democratic leaders of the House are also putting personal and party agendas above preserving our democracy. So there's no factual basis for fearing a Democratic overreach.
5
@Mundo
Impeachment would be a waste of time, but investigations and hearings into things such as Trump's relationship with Russia and his taxes (two possibly related issues) etc. should begin in January.
23
@Mundo Impeachment takes a two-thirds vote. There was no way Democrats were going to achieve a two-thirds majority in the Senate. So exactly how is she "putting personal and party agendas above preserving our democracy," when impeachment was always going to be beyond Democrats' reach?
7
@Karen I believe the House can impeach Trump easily, right now. The question is, would that impeachment lead to removal from office? That's where you'd need 2/3rds of the Senate. So you'd likely wind up with a Bill Clinton situation: impeachment without removal. That, to me, is worth considering. Trump deserves to go down as an impeached President, with a full recording of his criminal activities... if for no other reason that to send a message to future gangsters that it's not okay.
2
“In existential contests between Congress and the presidency, Congress can’t win without overwhelming public support. “
So much for that, eh? The Dems can make a fuss, but they better make a lot of sense.
3
@John Brews ..✅✅
I hope the Dems have had a plan in place for a long time. With an unhinged Trump on the rampage from this midterm, Dems will have little time to deal "cautiously" with Trump.
Dems just need to provide all the hard evidence of corruption and lawlessness against this president and his corruption-filled administration.
Why has no one reported on WHO is funding this caravan of "invaders" from Mexico?
Have these "invaders" NOT been told how the Trump will treat them if they reach the border?
And if they are made aware of how they are being vilified, WHY are they still marching, knowing they will be immediately turned away at the border with no chance for asylum?
None of this makes any sense. Follow the money.
btw...Fox News says they have reporters embedded with these "invaders".
The Congress should focus up the realities not upon the political machinations and story telling of Trump. Trump is not the obstacle, he plays on others weaknesses but he has no purpose in life beyond staying rich and amused. It’s the people who seem to love him despite everything that he does. It’s very odd. He is always making things up to feed that infatuation. What is real is not what conforms with his narratives. It’s like they are mesmerized, seeing what he tells them rather than what is plain to see if they look. The Democratic House can refocus the country’s attention but they have to avoid focusing on Trump. If they do that, his nearly half of the country will not agree to focus upon anything else.
17
@Casual Observerh
Well said! Why do I have a feeling the Dems will mess this up, though?
1
@Casual Observerh
Dems need to be consistently impeccable with their hard evidence against this president's lawlessness and corruption.
1
No mention of Robert Mueller? I expect his constraint during the election to evaporate TODAY.
Given the largely non-investigations pursued in Congress thus far, the Mueller investigations are light-years ahead of Congressional ones, especially the sham that has been the House probe.
The House plus Mueller is great. Mueller alone has certainly done quite a service already. I'm eager to see who's indicted and what is next from Mueller before the new Congress is seated in January.
56
So we get to look forward to a lot more Kavanugh-esque charades?
Great.
7
I applaud the Times for their insightful yet flawed analysis of the results of the mid-terms, as they seem to be under the misapprehension that right wing voters today care about restraint, balance, facts and evidence, compromise, and what’s best for the country. Has the Times been sleeping for the last 8 to 10 years? Those qualities are for losers in the Republican Party. What sells today on the right is ideological purity, fear and hate mongering, pugnacity, and strict adherence to the party narrative. Blame your political enemy. Never let facts get in the way of your story.
This is hardly the time or situation for balance and restraint. The right has shown us that those qualities are for losers.
63
@Casey J.
Yeah, every time the establishment trots out some statement about GOP restraint, guardrails, defending democratic institutions, etc. I roll my eyes and laugh. Where have reporters been?
1
Resist, Obstruct, Obfuscate, refuse to pass the budget and shut down Trump and the Republicans.
6
Followed by a Republican landslide in 2020.
4
@JW Right, because trying to work with Trump and the GOP has led to great political success for the Democrats. If the other kid on the school yard insists on bullying you, you simply punch him in the nose repeatedly until he stops. That's what the Dems need to do, but they need to do it with restraint... with strategic vision... with honesty and integrity... and with the passion that comes from knowing: The democratic party is the only thing standing between us and the crypto-fascist GOP going after the U.S. Constitution: their greatest enemy.
1