Showing posts with label The Impeachment Trial of Donald Trump. Show all posts
Showing posts with label The Impeachment Trial of Donald Trump. Show all posts

Saturday, February 8, 2020

The Impeachment of Donald Trump

Yesterday evening, December 18, 2019, the House of Representatives voted to impeach Donald Trump.

The Impeachment Trial of Andrew Johnson.

The Articles of Impeachment read:
Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.










Resolved, That Donald J. Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Donald J. Trump, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.

Article I: Abuse of power

The Constitution provides that the House of Representatives "shall have the sole Power of Impeachment and that the President shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors". In his conduct of the office of President of the United States—and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald J. Trump has abused the powers of the Presidency, in that:

Using the powers of his high office, President Trump solicited the interference of a foreign government, Ukraine, in the 2020 United States Presidential election. He did so through a scheme or course of conduct that included soliciting the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. President Trump also sought to pressure the Government of Ukraine to take these steps by conditioning official United States Government acts of significant value to Ukraine on its public announcement of the investigations. President Trump engaged in this scheme or course of conduct for corrupt purposes in pursuit of personal political benefit. In so doing, President Trump used the powers of the Presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process. He thus ignored and injured the interests of the Nation.
President Trump engaged in this scheme or course of conduct through the following means:
(1) President Trump—acting both directly and through his agents Within and Outside the United States Government—corruptly solicited the Government of Ukraine to publicly announce investigations into—
(A) a political opponent, former Vice President Joseph R. Biden, Jr.; and
(B) a discredited theory promoted by Russia alleging that Ukraine—rather than Russia—interfered in the 2016 United States Presidential election.
(2) With the same corrupt motives, President Trump—acting both directly and through his agents within and outside the United States Government–conditioned two official acts on the public announcements that he had requested—
(A) the release of $391 million of United 5 States taxpayer funds that Congress had appropriated on a bipartisan basis for the purpose of providing vital military and security assistance to Ukraine to oppose Russian aggression and which President Trump had ordered suspended; and
(B) a head of state meeting at the White House, which the President of Ukraine sought to demonstrate continued United States support for the Government of Ukraine in the face of Russian aggression.
(3) Faced with the public revelation of his actions, President Trump ultimately released the military and security assistance to the Government of Ukraine, but has persisted in openly and corruptly urging and soliciting Ukraine to undertake investigations for his personal political benefit.
These actions were consistent with President Trump's previous invitations of foreign interference in United States elections.
In all this, President Trump abused the powers of the Presidency by ignoring and injuring national security and other vital national interests to obtain an improper personal political benefit. He has also betrayed the Nation by abusing his high office to enlist a foreign power in corrupting democratic elections.
Wherefore President Trump, by such conduct, has demonstrated that he will remain a threat to national security and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self- governance and the rule of law. President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any Office of honor, trust, or profit under the United States.

Article II: Obstruction of Congress

The Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" and that the President "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors". In his conduct of the office of President of the United States—and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—
Donald J. Trump has directed the unprecedented, categorical, and indiscriminate defiance of subpoenas issued by the House of Representatives pursuant to its sole Power of Impeachment. President Trump has abused the powers of the Presidency in a manner offensive to, and subversive of, the Constitution, in that:
The House of Representatives has engaged in an impeachment inquiry focused on President Trump's corrupt solicitation of the Government of Ukraine to interfere in the 2020 United States Presidential election. As part of this impeachment inquiry, the Committees undertaking the investigation served subpoenas seeking documents and testimony deemed vital to the inquiry from various Executive Branch agencies and offices, and current and former officials.
In response, without lawful cause or excuse, President Trump directed Executive Branch agencies, offices, and officials not to comply with those subpoenas. President Trump thus interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, and assumed to himself functions and judgments necessary to the exercise of the "sole Power of Impeachment" vested by the Constitution in the House of Representatives.
President Trump abused the powers of his high office through the following means:
(1) Directing the White House to defy a lawful subpoena by withholding the production of documents sought therein by the Committees.
(2) Directing other Executive Branch agencies and offices to defy lawful subpoenas and withhold the production of documents and records from the Committees—in response to which the Department of State, Office of Management and Budget, Department of Energy, and Department of Defense refused to produce a single document or record.
(3) Directing current and former Executive Branch officials not to cooperate with the Committees—in response to which nine Administration officials defied subpoenas for testimony, namely John Michael "Mick" Mulvaney, Robert B. Blair, John A. Eisenberg, Michael Ellis, Preston Wells Griffith, Russell T. Vought, Michael Duffey, Brian McCormack, and T. Ulrich Brechbuhl.
These actions were consistent with President Trump's previous efforts to undermine United States Government investigations into foreign interference in United States elections.
Through these actions, President Trump sought to arrogate to himself the right to determine the propriety, scope, and nature of an impeachment inquiry into his own conduct, as well as the unilateral prerogative to deny any and all information to the House of Representatives in the exercise of its "sole Power of Impeachment". In the history of the Republic, no President has ever ordered the complete defiance of an impeachment inquiry or sought to obstruct and impede so comprehensively the ability of the House of Representatives to investigate "high Crimes and Misdemeanors". This abuse of office served to cover up the President's own repeated misconduct and to seize and control the power of impeachment and thus to nullify a vital constitutional safeguard vested solely in the House of Representatives.
In all of this, President Trump has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.
Wherefore, President Trump, by such conduct, has demonstrated that he will remain a threat to the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.
 So what happens now?

So, now that this has occurred, and to use the correct vernacular, Donald Trump is "impeached".  He remains in office, of course.  Now what occurs is that the Articles of Impeachment will be submitted to the Senate for an impeachment trial.

That will occur. . . probably.

Okay, now what really occurs.

At this point the commentary starts.  So if you only wanted the news, stop reading here.

a.  First a little history and comment

There are a lot of problems with impeachment and ever attempt at it has been a dog's breakfast in more ways than one. The Impeachment of Andrew Johnson, the first occur, was an illegitimate attempt to unseat the President by Radical Republicans who were upset he wasn't a Radial Republican.  Make no mistake, I think the Radical Republicans of the 1860s were right and Reformation should have been radical.  But the impeachment was complete nonsense and it rightfully failed.

The illegitimate act didn't bring down the Republic, however, which is something we should keep in mind here.

The second, only only legitimate, attempt at impeaching a President came in 1974 when the House was about to impeach Richard Nixon in the wake of Watergate. The committee working on the effort had adopted some articles and rejected others and was about to send them to the full House when Nixon resigned.  Had he not, the articles would have been as follows:

Article I, obstruction of justice
On June 17, 1972, and prior thereto, agents of the Committee for the Re-election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.



Article II, abuse of power
Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposes of these agencies.



Article III, contempt of Congress
In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.
That effort, of course, came over 100 years after the first one.

The nation unfortunately wouldn't have so long to wait to experience the third, which was the illegitimate attempt to impeach William Clinton.

For reason that are difficult to grasp now, Clinton, who was a moderate, was detested by Republicans.  Of course, he followed in the wake of Ronald Reagan in some ways, who was detested by Democrats.  Neither of them are detested now and Reagan is widely regarded as a hero, but at the time, he was vilified. So was Clinton, the last President, fwiw,  to not run a deficit.

Anyhow, the whole effort against Clinton was simply silly and it was a charade based on the fact that he had the personal morals of an alley cat. That may be despicable, but then no body tried to impeach JFK who had the same problem.  He was really being impeached due to a gotcha moment with Monica Lewinsky in which he testified he hadn't had sex with her.

In fact, he told the truth on that, and it shows how dense Americans are that they now think fellatio is actually sex.  It isn't.  That doesn't make it right, and what Clinton did was icky, but sex is a pretty clearly defined act in mammals and that isn't it.  Anyhow, his articles of impeachment read:
Article I 

In his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administration of justice, in that:


On August 17, 1998, William Jefferson Clinton swore to tell the truth, the whole truth, and nothing but the truth before a Federal grand jury of the United States. Contrary to that oath, William Jefferson Clinton willfully provided perjurious, false and misleading testimony to the grand jury concerning one or more of the following: (1) the nature and details of his relationship with a subordinate Government employee; (2) prior perjurious, false and misleading testimony he gave in a Federal civil rights action brought against him; (3) prior false and misleading statements he allowed his attorney to make to a Federal judge in that civil rights action; and (4) his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence in that civil rights action. 

In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States

Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. 

Article IV 

Using the powers and influence of the office of President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has engaged in conduct that resulted in misuse and abuse of his high office, impaired the due and proper administration of justice and the conduct of lawful inquiries, and contravened the authority of the legislative branch and the truth seeking purpose of a coordinate investigative proceeding, in that, as President, William Jefferson Clinton refused and failed to respond to certain written requests for admission and willfully made perjurious, false and misleading sworn statements in response to certain written requests for admission propounded to him as part of the impeachment inquiry authorized by the House of Representatives of the Congress of the United States. William Jefferson Clinton, in refusing and failing to respond and in making perjurious, false and misleading statements, assumed to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives and exhibited contempt for the inquiry.

In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States.

Wherefore, William Jefferson Clinton, by such conduct warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust,or profit under the United States.
One and Four?  Yes, the House didn't vote to impeach on proposed articles two and three.

Note, by the way, how lengthy these are.  That's notable as while the impeachment effort was pure political bs theater, the Congress of that era was seemingly able to be a bit more substantive in drafting text.

Lots of Democrats warned at the time that the impeachment of Clinton would prove to be a mistake as it lowered the bar for impeachment down to moral ickyness and "we don't like you", a standard which would at least require John F. Kennedy to be exhumed from his grave and posthumously impeached for championship level moral ickiness.  The Senate, of course, thought better of it and acquitted but none the less the bar was now set pretty low.

And it has been ever since. All during President Obama's two terms of office there were cries to impeach him for no reason at all and the cries to impeach President Trump commenced prior to his even taking an oath of office.

Trump and his supporters note that there have been cries to impeach him ever since he took office and therefore the entire process is illegitimate.  The fact that there was early animosity doesn't make the effort illegitimate, but it does raise real questions.  Trying to answer those now, more than one Democrat has now claimed that Trump's actions are "worse than Nixon's".

Oh, get real.

Trump's actions may be bad, but worse than Nixon is absurd.  Nixon is the only American President who really deserved to have been impeached.

In fact, President Ford did the country a massive disservice by pardoning Nixon.  He shouldn't have.  Nixon should have been arrested, tried and convicted after his resignation, and gone on to have served a term in prison. That would have been a real lesson that nobody was above the law, and set the bar on impeachment, even though it would not have occurred, right where it should have been.

b.  So where we are now?

Proceeding an a turtle like pace the House has voted to impeach.  So now the matter needs to be sent to the President.  And Speaker of the House Nancy Pelosi is set to do just that. . . well maybe not.
Indeed, as it is clear that the GOP in the Senate intends to pretty much shut an impeachment trial down after doing is bare duty, now the Speaker his holding the Articles trying to negotiate with the Senate.

Pelosi, who didn't want to (correctly) proceed with impeachment in the first place, now delusionally or desperately believes that by withholding the articles from the Senate, she can get the Senate to guarantee a full blown Senate trial with procedures she wants.

That's a little like a person on the block who is known for not washing his clothes and bad hygiene who wants to talk conspiracy theories while belching, threatening not to come to the block party if you don't accept his home made bourbon flooded fruit cake.  The choice there is pretty easy. The Senate isn't going to say "Oh please Nancy, don't hold the articles of impeachment! We'll do what you want".

That's nonsense.

Indeed, as if nobody in Congress has noticed so far, this entire process has been so slow glaciers are like drag racers in comparison.  Not submitting the articles puts this further and further into 2020 every day.  If she doesn't get the articles over until January, this won't get rolling until March, or later.  That would suit the GOP in Congress just fine.

Of course, everyone knows that once this gets to the Senate it will fail, and in fact stands a really good chance of being summarily dismissed. Senate Republicans have made that plain and the recent history of impeachment supports it.  Clinton was impeached as he and Lewinsky were being nasty in the Oval Office. That's not really a crime, it must means that Lewinsky and Clinton both had trashy morals.  The effort was political.  

Trump isn't being impeached for an actual crime and by this point the Democrats have a hard time actually saying what he's being impeached for. Basically, it amounts to using his office to try to get an investigation into a political rival's son rolling, which isn't illegal but is immoral.  Of course, Hunter Biden's occupying a highly lucrative position with a Ukrainian gas company is corrupt in its own way, and Joe Biden's protection of his son earlier on is corrupt in its own way.  None of it is illegal.  Added to that, the concept of Ukrainian interference rather than Russian in the 2016 election is pretty absurd.

Absurdity isn't illegality, however, and that's the problem.  The Clinton impeachment lowered the bar to using the process as a means of trying to remove a President simply because the other party didn't like him.  Given it being lowered that far, "political midemeanoring" seems like a legitimate exercise in impeachment.  Indeed, this may be a watershed moment not for what it appears to be, but for the final conversion, which started during the Clinton process, of the impeachment clause into a Congressional vote of no confidence.

Ultimately, we don't really know, however, what is and isn't legitimate, as its never gone to the United States Supreme Court.  The Court would probably just hold its a political act, but that can't be guaranteed.  Indeed, the impeachment process really gives the Court hte opportunity to make itself absolutely the top branch of government as it could define "high crimes and misdemeanors" in such a way as to actually require a, well. . . high crime or misdemeanor.  Congress doesn't seem to have considered this possibility, however.

Well, it's not going to happen here.  Nancy Pelosi is going to threaten for a while to hold her breath until she turns blue and the Senate is going to let her do just that. After that, she may or may not eventually send the articles over, and a short trial and acquittal will result. The American public is already completely tired of the whole thing and ignoring it.  In the fall, those who already think Trump the worst President ever will still think that, those who think he's the best President ever will still think that, and those in the middle will be making up their decision on other grounds, with a lot of that ground being the question of how much they dislike whomever the Democrats nominate.

At any rate, the republic wills survive no matter what occurs.  The cries about democracy being in the balance are simply that, cries.  If anything comes out of this maybe there's a chance, albeit a small one, that a Congress that quit doing its job over the 20th Century will rediscover that it has one.  Indeed, if the impeachment clause has become a vote of no confidence, it implies that Congress is actually going to work, as its replaced the Chief Executive.  The Chief Executive, starting as long ago as the Administration of Theodore Roosevelt, has been allowed to rule in ways that exceeded the vision of the founders of the republic.  Bringing an imperial presidency to an end, if not necessarily by impeachment, would be a good development, really, in terms of democracy, but only if the national legislature is prepared to resume its constitutional role.

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I'd forgotten that I'd started a separate thread on this topic and was lamenting not having done so, particularly as the news has become quite odd recently following the entire NPR/Pompeo incident.  So, now aware that I did start this, I'm going to update with my recent entries, and then go from there.

In other news impacting the election, the impeachment trial hasn't commenced and Mitch McConnell is threatening to start the process in the Senate unilaterally without the House resolution actually having been sent over.  And a situation is developing with Iran that threatens to make Trump a wartime President with an additional war, although how that develops has yet to be seen.

January 8, 2020.


The House finally voted to send the Articles of Impeachment to the Senate yesterday and the Senators will be sworn as impeachment jurors today.  Just before that seven House impeachment managers will walk over to the Senate and read the articles.  The managers, which NPR claims all have strong legal backgrounds, are Hakeem Jeffries, Sylvia Garcia, Jerry Nadler, Adam Schiff, Val Demings, Zoe Lofgren, and Jason Crow.

Schiff is the only widely known name right now, due to his role in the Impeachment inquiry in the House.  That role is likely why he was chosen, although he strikes a lot of people the wrong way, including myself, due to his pompous demeanor.

January 16, 2020

In other campaign related news, the very day that the Impeachment indictment went over to the Senate an indited Russian born witness claimed first hand knowledge of the Ukrainian events and claimed that it was always an effort to get the Bidens.  This has been treated as explosive news by the Press and even more explosive by left wing Twitterites.

The problem with that is that so far its being met with sort of a collective yawn nationally and it doesn't seem surprising so it's not clear how much of an impact this really makes. Additionally, the news coming in the form of a Rachel Maddow interview of an indited person makes it a bit problematic, rather obviously.  I doubt it'll have much of an impact on actual proceedings when they get rolling.  On those proceedings, we still don't really know what they'll be like.


January 17, 2020

On the Impeachment, Trumps team rolled out and tested their defense, which is that whatever Trump may have done was bad, but it's not illegal, and therefore not impeachable.  Democrats dissed that argument but frankly there's at least something to it.  Following this impeachment trial that may very well end up being the standard for the process when the results are combined with the earlier Andrew Johnson impeachment trial.

January 20, 2020.

That trial started yesterday but it was all motion practice that went late into the night.  Justice Roberts admonished the lawyers for both side for the nature of their remarks about their opponents.

January 22, 2020

Here are the rules for the Impeachment Trial being held in the Senate:

Rules.

I think they've actually been somewhat modified from this form.  The argument that was originally to be delivered over two days, for a total of twenty-four hours, is now to be delivered in three days.

That's for each side.  I.e., each side presents their arguments over a three day period. That's basically the meat of each side's case.

Reporting on this has been somewhat inaccurate, as the press has been referring to these arguments as "opening arguments", such as occur in trials. They are not.  This is basically a gigantic motion hearing in front of a jury of Senators with the evidence being whatever it already is, as generated in the House.  There will be no additional witnesses and the testimony won't really be presented by the parties in a normal fashion, but rather through their arguments.  It's frankly a bizarre way to conduct proceedings of this type, but that's the way they are doing it. As such, it's not really a trial.

After the arguments the Senators may question the parties for up to sixteen hours, which also isn't much.  Following that, there will be arguments again with each side being given four hours.

So this "impeachment trial" is really one long impeachment hearing argument with some ability to present questions by each side.

January 23, 2020

And so that's where we are, sort of.  That doesn't address the Pompeo event, of course, which we'll have to do.

January 26, 2020

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Okay, now that we're more or less up to date and the Senate had Sunday off, where are we at?

Well, the thing that revived this thread was the interview of Mike Pompeo by NPR's Mary Louise Kelly.  Something went wrong in the interview at the point where the topic of Ukraine came up and Pompeo terminated the interview, called Kelly into another room, and dressed her down for what he apparently saw was an off the grid topic she wasn't supposed to bring up.  According to Kelly, Pompeo indicated that the American people didn't care about the Ukraine and he challenged Kelly to find Ukraine on a map, which she says she did.

Apparently Pompeo believed all of this was supposed to be off the record, which wasn't how Kelly viewed it, and she reported on it. That sent Pompeo off on an attack with his own version of this in which he claims that Kelly couldn't find Ukraine on the map.

Frankly, while only Pompeo and Kelly know the truth here, Kelly's version sounds a lot more credible and Pompeo's reaction is off the charts and strange.

What's this have to do with the impeachment?  Well, maybe nothing, but it does show that the administration must be on pins and needles about it in order for a high level official to have such a weird reaction to something of this type.

If so, the drama now circling former official John Bolton must be doing the same.  Bolton has been flirting with being a witness at the impeachment for awhile and now the New York Times is reporting that his as yet unpublished memoir of this period will state that Trump did hold up funds to the Ukraine in an attempt to get Ukraine to investigate his political rivals.  This has sent Twitter lefties into a feeding frenzy.

Frankly, at this point, that news would be a lot like a member of the Franklin Roosevelt Administration publishing a memoir in 1942 stating that the US knew that our ships would probably get shot at escorting convoys prior to our entry into the war.  We all know this already.  Indeed, it isn't really being argued about that much.

The interesting argument that developed with the close of the Democratic argument last week is whether there will be any witnesses or not.  The GOP appears unlikely to support a motion to do that and the Democrats are flustered on what to do.  Both sides advance arguments that are somewhat weak in regard to the general topic.  The Republicans have been saying, about the evidence submitted, "is this all you have?" while the Democrats are saying "there'd be more if we called witnesses" to which the GOP replies "well why didn't you do that then?"

Proceduraly, there's no reason that the Democrats couldn't have called more witnesses in the House, but then there also wasn't a reason that they'd have to, which brings us to the dog's breakfast nature of this provision of the U.S. Constitution.  In spite of all of the yammering about it, nobody really knows how this provision was supposed to work.  We know that the Senate is the jury and the Chief Justice presides, but we don't know anything else about how exactly  it is supposed to be done.

What would appear to be the case is that the founders had a real trial in mind, with the Senate sitting as a real jury and the Chief Justice actually running the trial.  That's not what's occurring and that's now what occurred in the Clinton impeachment trial either.  In the Clinton impeachment deposition testimony was used, which at least is testimony.  In contrast, in the Andrew Johnson impeachment, actual witnesses were called.

The Johnson impeachment, which was as political as any of them, was at least in the form of a trial and probably the last impeachment to be conducted in the manner envisioned by the drafters of the Constitution.  The current one likely grossly departs from what the founders imagined, irrespective of whether a person feels that it should be occurring or not.  Defenders of the proceeding have argued that the Senate has the authority to craft the rules but frankly I'm skeptical that they do if they depart too greatly.  Basically, what is occurring are epic length oral arguments.

The Chief Justice may have the ability to order witnesses to appear on his own and I suspect he does.  In the Andrew Johnson impeachment it was clear that the Chief Justice had conventional judge powers should he have chosen to exercise them.  In both this and the Clinton impeachment the Justice doesn't seem to be doing much of anything.

Indeed, there's no reason to believe that John Roberts couldn't have voir dired the Senators about their ability to act impartially, in which case at least a few Senators would have been tossed out as Senator jurors.

The Administration's arguments, I should note, are based on the position that whatever Trump may have done, it wasn't illegal.  If the Democrats are generally right on there being a need to call witnesses, and after all the House sits more as a Grand Jury rather than as a trial court in its own right, the Republicans are probably right here.  The text of the Constitution seems to be drafted to require a real trial about real crimes.  This isn't in the form of a real trial, but the accusations against Trump aren't real crimes, they're just really bad behavior.  The Democrats have more or less acknowledged this and have argued that the founders really meant really bad behavior too.  The problem with that argument is that its really subjective in general, and moreover its an argument that the impeachment process isn't a judicial or quasi judicial one, but a purely political one.  If that's the case, the GOP is right that it can craft the hearing any way it wants to.

It seems unlikely that the drafters would have created a purely political process to be presided over by the Chief Justice of the United States, which I guess shows the entire mess of the current proceeding.  Nancy Pelosi was reluctant to go down this route for real reasons, and right now it looks like this will be a mistake all the way around.  It'll probably conclude by the end of the week, Trump will be able to use it with his base to declare vindication, those on the left who were outraged about Trump's conduct before the impeachment still will be, but those numbers haven't grown, the rebuke by the voters that the Democrats keep claiming will happen likely won't, but for the second time in less than fifty years the impeachment clause of the Constitution has been misused and damaged.  The whole process will likely wrap up this week, but the damage will be lasting.

January 27, 2020
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Well the presentation of arguments by both sides is over and the questioning session begun.

So far, the only really dramatic event to come out of that was an effort by Senator Rand Paul to have Chief Justice Roberts read a question that contained the name of the "whistle blower".  The Chief Justice had made it known before hand he'd not do that, and when in fact he didn't, Rand went shooting out of the room to reveal the name in a press conference.

That was really childish and inappropriate on the part of Rand and frankly it violates the rules of the road for the impeachment.  The Chief Justice really ought to find him in contempt for doing that.

Somewhat missed by the public, we'd note, is the fact that in order for the President Trump to be removed from office twenty Republicans will have to cross party lines and vote for it.  From the press coverage a person would get the impression that if one or two do so, Trump is in trouble.  No, it would take twenty. That won't happen.  It's not even clear at this point that all the Democrats will vote in favor of it.

Of course, if a majority, but still far short of twenty, voted for it, it would be embarrassing for the President.  That's a possibility.  But a greater possibility is that a few Democrats will vote to acquit.

January 31, 2020
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Two things didn't occur in the impeachment trial yesterday.  The Senate didn't vote to hear witnesses and the trial didn't end.

There was a lot of speculation on whether there would be enough GOP Senators cross over and vote for witnesses. In the end, there wasn't and the vote fell short.  So, we've had the odd spectacle of a trial without witnesses, although frankly the overall procedure was odd to start with.

There was widespread speculation that if the Senate didn't vote for witnesses the trial would conclude.  That didn't occur either.

February 1, 2020
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Oops, bumped up in error.

But while here, the impeachment trial will resume today with closings.  It appears that President Trump may very well deliver his State of the Union address with this matter still pending.

February 3, 2020.

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Both sides delivered their closing arguments yesterday.  The Democratic prosecution had their's presented by Adam Schiff and took their full two hours.  The Republican defense took a little over half of its allotted time, showing that they had a better idea of how to do summations than their opponents.  Using the full two hours was a sign of weakness and potentially a degree of self focus that served their cause ill.

Indeed, while not directly connected, the two big political events of yesterday made the Democrats look rather pathetic in general.  The full realization that there was never any chance whatsoever that twenty Republican Senators would cross over to vote to remove the President on the charges presented seemingly finally sank in even though it was obvious to anyone who took a calm view of the proceedings from the onsets.  Only in the fevered imaginations of House Democrats and Sunday political show pundits was there ever any chance that would occur.  It was always a complete fantasy.  The ancillary view that at least it would expose corruption to the "American People" who would rise up in electoral anger is just as much of a fantasy.  The public is tired in the fatigued sense and this merely contributed to it at first, before the public became bored with a bunch of yapping figures on the Senate floor arguing about a result that was foreordained.  In the end, only the pundits really remained interested and even they were moving on to Iowa.  The impact on the "American People" that Democrats cited to again and again was probably to increase the universal contempt that a lot of average Americans feel for Congress in general.

And then came Iowa and the Democrats managed to botch the caucus.  A more pathetic showing wouldn't have been possible and the Democrats manage to come out of both events of yesterday looking like the gang that couldn't shoot straight.  As that occurred, Democratic campaign adherents began to complain about each other, with Sanders fans calling Buttigieg "Pete the Cheat".  A past history of ignoring procedural defects and going for unelectable candidates was clearly reviving itself.

Today the vote will be taken and this chapter will close.  Most of the public is glad that it will be over.  Those who backed it in the first place now have to consider that the end result may have been to weaken the Constitution in general, the very objective they claimed to hope to avoid.  One GOP figure already has claimed that if Joe Biden is elected, he may have to be impeached over the entire Hunter Biden in Ukraine matter.  I think that unlikely, but the path this is taking the country off on, a path that was started with President Clinton was impeached and shouldn't be, is one that is pretty hard to turn around and go back down to find another starting place.

February 4, 2020

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And so the vote was finally taken yesterday and it fell, with the solitary exception of Mitt Romney, strictly along party lines.

I say unfortunately not for the reasons that unhappy Democrats, who were delusional that this would result in the removal of the President in the first place, do.  I.e., not for comments like this one on Politic's breakdown on the vote:
Hmm gotta say I underestimated Romney. The only Republican in America with any integrity and decency.
Nor do I think replies like this one make any sense:

I understand that a "yes" vote also voted for Trump's removal from all state ballots in the Nov election. If that is true, the Democrats have officially become the Communist Party.


Rather I think it's unfortunate as a vote without a few Republicans voting to impeach and/or a few Democrats voting to acquit de-legitimizes the entire constitutional provision.  We've now had an impeachment trial without any witnesses that was sent over to the Senate on a strict party line vote under the completely delusional belief that the same wouldn't occur in the Senate.  Indeed, the surprising thing isn't so much that Romney was the only Republican to vote to remove, and he only voted yes on one article, not both, but that no Democrats voted to acquit.  In the end, this wasn't a waste of time, it was an attempted vote of no confidence that largely ignored the Constitutional text, which is admittedly very poorly defined, and cheapened the impeachment process.

Given that this was so predictable a person has to wonder what the Democrats were actually thinking.  If the concept was to take the moral high ground it would appear that the ground is recognized only to a limited degree and it's unlikely to profit them in taking it.  If it was to take a pre 2020 swipe at Trump, they took the swipe but they didn't connect and that likewise appears to have had no effect.  If they simply felt they must as it was their duty, and Mitt Romney was no doubt motivated by what he felt his duty to be, well they've done it, and perhaps that achieves something, although by way of a process that was bizarre in how it was done and whose long term impacts appear to have been poorly considered.

On long term impacts, after Richard Nixon was nearly impeached Congress, although only temporarily, acted to take back some of the powers which has lazily ceded to the President over time.  The Democrats here have shown themselves to be bitterly unhappy with the actions of the current President and at least some Republicans had qualms as well, although only Romney was sufficiently burdened by them as to vote to remove Trump.  Maybe its time for both the House and the Senate, if their displeasure is genuine, to resume their own Constitutional duties in full, which hasn't happened for an extremely long time.

As for Romney, the sole dissenter in the GOP ranks, nobody, including President Trump, should criticize him for that.  There's no reason to believe that his vote wasn't genuine.  The irony here is that he was run down by Democrats, who are now praising him, when he ran on the basis that he was an elitist.  And for those who wonder if he's positioning himself for a future run at the Presidency, well so what if he is?

February 6, 2020

Mitt Romney's speech:


The President withheld vital military funds from that government to press it to do so. 
The President delayed funds for an American ally at war with Russian invaders. 
The President's purpose was personal and political.Accordingly, the President is guilty of an appalling abuse of the public trust. 
What he did was not "perfect"— No, it was a flagrant assault on our electoral rights, our national security interests, and our fundamental values. Corrupting an election to keep oneself in office is perhaps the most abusive and destructive violation of one's oath of office that I can imagine. 
In the last several weeks, I have received numerous calls and texts. Many demand that, in their words, "I stand with the team." I can assure you that that thought has been very much on my mind. I support a great deal of what the President has done. I have voted with him 80% of the time. But my promise before God to apply impartial justice required that I put my personal feelings and biases aside. Were I to ignore the evidence that has been presented, and disregard what I believe my oath and the Constitution demands of me for the sake of a partisan end, it would, I fear, expose my character to history's rebuke and the censure of my own conscience. 
I am aware that there are people in my party and in my state who will strenuously disapprove of my decision, and in some quarters, I will be vehemently denounced. I am sure to hear abuse from the President and his supporters. Does anyone seriously believe I would consent to these consequences other than from an inescapable conviction that my oath before God demanded it of me? 
I sought to hear testimony from John Bolton not only because I believed he could add context to the charges, but also because I hoped that what he said might raise reasonable doubt and thus remove from me the awful obligation to vote for impeachment.Like each member of this deliberative body, I love our country. I believe that our Constitution was inspired by Providence. I am convinced that freedom itself is dependent on the strength and vitality of our national character. As it is with each senator, my vote is an act of conviction. We have come to different conclusions, fellow senators, but I trust we have all followed the dictates of our conscience. 
I acknowledge that my verdict will not remove the President from office. The results of this Senate Court will in fact be appealed to a higher court: the judgement of the American people. Voters will make the final decision, just as the President's lawyers have implored. My vote will likely be in the minority in the Senate. But irrespective of these things, with my vote, I will tell my children and their children that I did my duty to the best of my ability, believing that my country expected it of me. I will only be one name among many, no more or less, to future generations of Americans who look at the record of this trial. They will note merely that I was among the senators who determined that what the President did was wrong, grievously wrong. 
We're all footnotes at best in the annals of history. But in the most powerful nation on earth, the nation conceived in liberty and justice, that is distinction enough for any citizen.

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When I posted Mitt Romney's speech I figured that would be the last entry on this thread.  It should have been in a world in which people were acting normally.

But they aren't, so it isn't.

On the speech, in reviewing it again, I'm struck by the numerous references to Romney's religious convictions. 

Religion played an immediate post impeachment role in a story as President Trump dissed Nancy Pelosi at the National Prayer Breakfast which came soon after the impeachment vote.  It wasn't gracious and his remarks weren't very Christian either.  Perhaps we shouldn't really expect Trump to act as a devout person might, but it definitely wasn't gracious.  Of course, Pelosi, whose better instincts were to avoid an impeachment trial, seems out to sea right now and acted rather petulantly in ripping up her copy of President Trump's State of the Union Address.

Pelosi is the Speaker of the House, of course, and now there's real questions if the House is essentially out of business until 2021.

Three people who are out of their jobs are Ambassador to the European Union Sondland and the Colonels Vindman, both the one who testified in the House hearings and his brother.  The latter two men were replaced from their White House roles but will remain in the Army, where I'm sure they will do well.  But the acts show that crossing Trump, not surprisingly, has consequences, something that at least some GOP Senators feared in regard to their votes.

Hopefully this all calms down soon, although it seems unlikely to.

February 8, 2020

Wednesday, February 5, 2020

Today In Wyoming's History: February 4. State of the Union Address

President Trump delivered his State of the Union Address last night.

It came at a really odd time in a lot of ways.  It's the first such address delivered by a President who is still in an impeachment trial, although the results of that effort are known already and will come with an acquittal today.  Widespread speculation that the President might mention the trial proved to be unwarranted.

I've sent the complete text out below, as I'll often do for such deliveries.  The speech itself was delivered in Trump's peculiar speaking style but pundits who want to believe that it was massively outside the norm for these speeches are off base.  The content of these speeches has, for years, been self congratulatory and political.  If Trump's seem more so that's because in the eyes of commentators everything about him is more so.  If the speech was more self congratulatory and partisan than normal, it was only marginally so at best and a reviewer looking at it twenty years from now would likely have a hard time seeing how it was any more in that category than President Obama's.

Speaking of President Obama, while he didn't introduce  the practice, he came to emphasize the bringing in of average citizens and calling them out by name for recognition in the audience.  I really hate that practice and President Trump has kept it up.  I don't like it at all.

The major introductory point of President Trump's speech was the state of the economy which has been doing very well. This has been a big problem for Democratic Presidential candidates this year and they've been struggling to deal with it.  President Trump really hammered the economic news home in a way that will clearly be a feature of the upcoming campaign.  It is difficult at best for Democrats to campaign on economic issues given this and instead they have to campaign of "economic fairness" which, unless they're inclined to introduce Distributist concepts to their campaigns, is a pretty tough sell.  Rather than do that, left wing Democrats have been adopting vague concepts of being "Socialist" without any apparent knowledge of what that actually means and while there's no good evidence that most members of the public are impressed by that, the President did diss Socialism during his speech.

A remarkable moment came when Nancy Pelosi tore up her copy of the speech after President Trump finished speaking.  Pelosi's better instincts were overridden in the effort to impeach President Trump and an act like that just comes across as petulant by a leader whose expectations on that effort, whatever they were, pretty much went off the rails.

Early press commentary took on the typical form with the Press claiming that the speech was really unique, which it really wasn't all that much.  NBC's commentary claimed that the President never stated "the State of the Union is good", which he did.  Chuck Todd, who has been coming across as off the rails himself was present to add commentary which given his clear bias on all things Trump is at the point of being questionable.  The interesting thing, overall, about the press reaction is to emphasize how unique they feel Trump's speech was, when in fact the State of the Union address became sort of a Party In Power Pep Rally quite awhile back.

Today In Wyoming's History: February 42020  President Trump delivered his 2020 State of the Union address:


TRUMP: Thank you. Thank you very much. Madam Speaker, Mr. Vice President, members of Congress, the first lady of the United States and my fellow citizens, three years ago we launched the great American comeback.
Tonight, I stand before you to share the incredible results. Jobs are booming. Incomes are soaring. Poverty is plummeting. Crime is falling. Confidence is surging. And our country is thriving and highly respected again.

America's enemies are on the run. America's fortunes are on the rise. And America's future is blazing bright. The years of economic decay are over.

The days of our country being used, taken advantage of, and even scorned by other nations are long behind us.

Gone, too, are the broken promises, jobless recoveries, tired platitudes, and constant excuses for the depletion of American wealth, power, and prestige. In just three short years, we have shattered the mentality of American decline and we have rejected the downsizing of Americans’ destiny.
We have totally rejected the downsizing. We are moving forward at a pace that was unimaginable just a short time ago, and we are never, ever going back.

I am thrilled to report to you tonight that our economy is the best it has ever been. Our military is completely rebuilt, with its power being unmatched anywhere in the world, and it's not even close. Our borders are secure, our families are flourishing, our values are renewed, our pride is restored. And for all of these reasons, I say to the people of our great country and to the members of Congress: The state of our union is stronger than ever before.

The vision I will lay out this evening demonstrates how we are building the world's most prosperous and inclusive society, one where every citizen can join in America's unparalleled success and where every community can take part in America's extraordinary rise.
From the instant I took office, I moved rapidly to revive the U.S. economy, slashing a record number of job-killing regulations, enacting historic and record-setting tax cuts, and fighting for fair and reciprocal trade agreements.

Our agenda is relentlessly pro-worker, pro-family, pro-growth, and, most of all, pro-American.

Thank you. We are advancing with unbridled optimism and lifting our citizens of every race, color, religion, and creed very, very high. Since my election, we have created 7 million new jobs, 5 million more than government experts projected during the previous administration.

The unemployment rate is the lowest in over half a century.

And very incredibly, the average unemployment rate under my administration is lower than any administration in the history of our country. True.

If we hadn’t reversed the failed economic policies of the previous administration, the world would not now be witnessing this great economic success.

 The unemployment rate for African Americans, Hispanic Americans, and Asian Americans has reached the lowest levels in history.

African American youth unemployment has reached an all-time low.

African American poverty has declined to the lowest rate ever recorded.

The unemployment rate for women reached the lowest level in almost 70 years, and last year, women filled 72 percent of all new jobs added.

The veterans' unemployment rate dropped to a record low.

The unemployment rate for disabled Americans has reached an all-time low.

Workers without a high school diploma have achieved the lowest unemployment rate recorded in U.S. history.

A record number of young Americans are now employed.

Under the last administration, more than 10 million people were added to the food stamp rolls. Under my administration, 7 million Americans have come off food stamps and 10 million people have been lifted off of welfare.

In eight years under the last administration, over 300,000 working-age people dropped out of the workforce. In just three years of my administration, 3.5 million people, working-age people, have joined the workforce.

Since my election, the net worth of the bottom half of wage-earners has increased by 47 percent, three times faster than the increase for the top 1 percent.

After decades of flat and falling incomes, wages are rising fast — and, wonderfully, they are rising fastest for low-income workers, who have seen a 16 percent pay increase since my election.

This is a blue-collar boom.

Real median household income is now at the highest level ever recorded.

Since my election, U.S. stock markets have soared 70 percent, adding more than $12 trillion to our nation's wealth, transcending anything anyone believed was possible. This is a record. It is something that every country in the world is looking up to. They admire.

Consumer confidence has just reached amazing new highs. All of those millions of people with 401(k)s and pensions are doing far better than they have ever done before, with increases of 60, 70, 80, 90, and 100 percent, and even more.
He is now a top tradesman, drug-free, reunited with his family, and he is here tonight. Tony, keep up the great work. Tony.

Thank you, Tony.
Our roaring economy has, for the first time ever, given many former prisoners the ability to get a great job and a fresh start. This second chance at life is made possible because we passed landmark criminal justice reform into law. Everybody said that criminal justice reform couldn't be done, but I got it done, and the people in this room got it done.

Thanks to our bold regulatory reduction campaign, the United States has become the number-one producer of oil and natural gas anywhere the world, by far.

With the tremendous progress we have made over the past three years, America is now energy independent, and energy jobs, like so many other elements of our country, are at a record high.

We are doing numbers that no one would have thought possible just three years ago. Likewise, we are restoring our nation's manufacturing might, even though predictions were, as you all know, that this could never, ever be done.
After losing 60,000 factories under the previous two administrations, America has now gained 12,000 new factories under my administration with thousands upon thousands of plants and factories being planned or being built.

Companies are not leaving. They are coming back to the USA.

The fact is that everybody wants to be where the action is, and the United States of America is, indeed, the place where the action is.
One of the biggest promises I made to the American people was to replace the disastrous NAFTA trade deal.

In fact, unfair trade is perhaps the single biggest reason that I decided to run for president. Following NAFTA's adoption, our nation lost one in four manufacturing jobs. Many politicians came and went, pledging to change or replace NAFTA, only to do so and then absolutely nothing happened.
But unlike so many who came before me, I keep my promises. We did our job.

Six days ago, I replaced NAFTA and signed the brand-new U.S.-Mexico-Canada Agreement into law. The USMCA will create nearly 100,000 new high-paying American auto jobs and massively boost exports for our farmers, ranchers, and factory workers.

It will also bring trade with Mexico and Canada to a much higher level, but also to be a much greater degree of fairness and reciprocity. We will have that. Fairness and reciprocity. And I say that finally, because it's been many, many years that we were treated fairly on trade.

This is the first major trade deal in many years to earn the strong backing of America's labor unions.

I also promised our citizens that I would impose tariffs to confront China's massive theft of America's jobs. Our strategy has worked. Days ago, we signed the groundbreaking new agreement with China that will defend our workers, protect our intellectual property, bring billions and billions of dollars into our Treasury, and open vast new markets for products made and grown right here in the USA.

For decades, China has taken advantage of the United States. Now we have changed that, but, at the same time, we have perhaps the best relationship we've ever had with China, including with President Xi. They respect what we've done because, quite frankly, they could never really believe that they were able to get away with what they were doing year after year, decade after decade, without someone in our country stepping up and saying, "That's enough."

Now we want to rebuild our country, and that's exactly what we're doing. We are rebuilding our country.
As we restore American leadership throughout the world, we are once again standing up for freedom in our hemisphere.

That's why my administration reversed the failing policies of the previous administration on Cuba.

We are supporting the hopes of Cubans, Nicaraguans, and Venezuelans to restore democracy. The United States is leading a 59-nation diplomatic coalition against the socialist dictator of Venezuela, Nicolas Maduro.

Maduro is an illegitimate ruler, a tyrant who brutalizes his people. But Maduro's grip on tyranny will be smashed and broken. Here this evening is a very brave man who carries with him the hopes, dreams, and aspirations of all Venezuelans.
Joining us in the gallery is the true and legitimate president of Venezuela, Juan Guaido.

Mr. President, please take this message back to your homeland.

Thank you, Mr. President. Great honor. Thank you very much.
Please take this message back that all Americans are united with the Venezuelan people in their righteous struggle for freedom. Thank you very much, Mr. President.

Thank you very much.
Socialism destroys nations. But always remember: Freedom unifies the soul.

To safeguard American liberty, we have invested a record-breaking $2.2 trillion in the United States military.

We have purchased the finest planes, missiles, rockets, ships, and every other form of military equipment, and it's all made right here in the USA.

We are also getting our allies finally to help pay their fair share.

I have raised contributions from other NATO members by more than $400 billion, and the number of allies meeting their minimum obligations has more than doubled.
And just weeks ago, for the first time since President Truman established the Air Force more than 70 years earlier, we created a brand-new branch of the United States Armed Forces. It's called the Space Force.

Very important.

In the gallery tonight, we have a young gentleman, and what he wants so badly, 13 years old, Iain Lanphier, he’s an eighth-grader from Arizona. Iain, please stand up.
Iain has always dreamed of going to space. He was first in his class and among the youngest at an aviation academy. He aspires to go to the Air Force Academy, and then he has his eye on the Space Force. As Iain says, "Most people look up at space; I want to look down on the world."

But sitting beside Iain tonight is his greatest hero of them all. Charles McGee was born in Cleveland, Ohio, one century ago. Charles is one of the last surviving Tuskegee Airmen -- the first black fighter pilots -- and he also happens to be Iain's great-grandfather.

Incredible story. After more than 130 combat missions in World War II, he came back home to a country still struggling for civil rights and went on to serve America in Korea and Vietnam. On December 7th, Charles celebrated his 100th birthday.

A few weeks ago, I signed a bill promoting Charles McGee to Brigadier General. And earlier today, I pinned the stars on his shoulders in the Oval Office. General McGee, our nation salutes you. Thank you, sir.

From the pilgrims to the founders, from the soldiers at Valley Forge to the marchers at Selma, and from President Lincoln to the Reverend Martin Luther King, Americans have always rejected limits on our children's future.
Members of Congress, we must never forget that the only victories that matter in Washington are victories that deliver for the American people.

The people are the heart of our country. Their dreams are the soul of our country. And their love is what powers and sustains our country. We must always remember that our job is to put America first.

The next step forward in building an inclusive society is making sure that every young American gets a great education and the opportunity to achieve the American dream. Yet, for too long, countless American children have been trapped in failing government schools.
To rescue these students, 18 states have created school choice in the form of opportunity scholarships. The programs are so popular that tens of thousands of students remain on a waiting list.
One of those students is Janiyah Davis, a fourth-grader from Philadelphia.
Janiyah?

Janiyah's mom, Stephanie, is a single parent. She would do anything to give her daughter a better future. But last year, that future was put further out of reach when Pennsylvania's governor vetoed legislation to expand school choice to 50,000 children.
Janiyah and Stephanie are in the gallery. Stephanie, thank you so much for being here with your beautiful daughter. Thank you very much.

But, Janiyah, I have some good news for you, because I am pleased to inform you that your long wait is over. I can proudly announce tonight that an opportunity scholarship has become available, it's going to you, and you will soon be heading to the school of your choice.

Now I call on Congress to give 1 million American children the same opportunity Janiyah has just received. Pass the Education Freedom Scholarships and Opportunities Act, because no parent should be forced to send their child to a failing government school.

Every young person should have a safe and secure environment in which to learn and to grow. For this reason, our magnificent first lady has launched the "Be Best" initiative, to advance a safe, healthy, supportive, and drug-free life for the next generation, online, in school, and in our communities.
Thank you, Melania, for your extraordinary love and profound care for America's children. Thank you very much.

My administration is determined to give our citizens the opportunities they need, regardless of age or background. Through our Pledge to American Workers, over 400 companies will also provide new jobs and education opportunities to almost 15 million Americans.
My budget also contains an exciting vision for our nation's high schools. Tonight, I ask Congress to support our students and back my plan to offer vocational and technical education in every single high school in America.

To expand equal opportunity, I am also proud that we achieved record and permanent funding for our nation's historically black colleges and universities.

A good life for American families also requires the most affordable, innovative, and high-quality health care system on Earth. Before I took office, health insurance premiums had more than doubled in just five years. I moved quickly to provide affordable alternatives. Our new plans are up to 60 percent less expensive. And better.

I’ve also made an ironclad pledge to American families. We will always protect patients with preexisting conditions.

And we will always protect your Medicare, and we will always protect your Social Security. Always.

The American patient should never be blindsided by medical bills. That is why I signed an executive order requiring price transparency.

Many experts believe that transparency, which will go into full effect at the beginning of next year, will be even bigger than health care reform.

It will save families massive amounts of money for substantially better care. But as we work to improve Americans' health care, there are those who want to take away your health care, take away your doctor, and abolish private insurance entirely.

One hundred thirty-two lawmakers in this room have endorsed legislation to impose a socialist takeover of our health-care system, wiping out the private health insurance plans of 180 million very happy Americans.
To those watching at home tonight, I want you to know: We will never let socialism destroy American health care.

Over 130 legislators in this chamber have endorsed legislation that would bankrupt our nation by providing free taxpayer-funded health care to millions of illegal aliens, forcing taxpayers to subsidize free care for anyone in the world who unlawfully crosses our borders. These proposals would raid the Medicare benefits of our seniors and that our seniors depend on, while acting as a powerful lure for illegal immigration.
This is what is happening in California and other states. Their systems are totally out of control, costing taxpayers vast and unaffordable amounts of money.
If forcing American taxpayers to provide unlimited free health care to illegal aliens sounds fair to you, then stand with the radical left. But if you believe that we should defend American patients and American seniors, then stand with me and pass legislation to prohibit free government health care for illegal aliens.

This will be a tremendous boon to our already very strongly guarded southern border where, as we speak, a long, tall, and very powerful wall is being built.

We have now completed over 100 miles and have over 500 miles fully completed in a very short period of time. Early next year, we will have substantially more than 500 miles completed.
My administration is also taking on the big pharmaceutical companies. We have approved a record number of affordable generic drugs, and medicines are being approved by the FDA at a faster clip than ever before.

And I was pleased to announce last year that, for the first time in 51 years, the cost of prescription drugs actually went down.

And working together, Congress can reduce drug prices substantially from current levels. I have been speaking to Senator Chuck Grassley of Iowa and others in Congress in order to get something on drug pricing done, and done quickly and properly. I'm calling for bipartisan legislation that achieves the goal of dramatically lowering prescription drug prices. Get a bill on my desk, and I will sign it into law immediately.

With unyielding commitment, we are curbing the opioid epidemic. Drug overdose deaths declined for the first time in nearly 30 years.

Among the states hardest hit, Ohio is down 22 percent, Pennsylvania is down 18 percent, Wisconsin is down 10 percent, and we will not quit until we have beaten the opioid epidemic once and for all.

Protecting Americans' health also means fighting infectious diseases. We are coordinating with the Chinese government and working closely together on the coronavirus outbreak in China. My administration will take all necessary steps to safeguard our citizens from this threat.
We have launched ambitious new initiatives to substantially improve care for Americans with kidney disease, Alzheimer's, and those struggling with mental health. And because Congress was so good as to fund my request, new cures for childhood cancer, and we will eradicate the AIDS epidemic in America by the end of this decade.

Almost every American family knows the pain when a loved one is diagnosed with a serious illness. Here tonight is a special man, beloved by millions of Americans, who just received a Stage 4 advanced cancer diagnosis. This is not good news, but what is good news is that he is the greatest fighter and winner that you will ever meet.
Rush Limbaugh, thank you for your decades of tireless devotion to our country.

And, Rush, in recognition of all that you have done for our nation, the millions of people a day that you speak to and that you inspire, and all of the incredible work that you have done for charity, I am proud to announce tonight that you will be receiving our country's highest civilian honor: the Presidential Medal of Freedom.

I will now ask the first lady of the United States to present you with the honor. Please.
Rush and Kathryn, congratulations. Thank you, Kathryn.
As we pray for all who are sick, we know that America is constantly achieving new medical breakthroughs. In 2017, doctors at St. Luke's hospital in Kansas City delivered one of the earliest premature babies ever to survive. Born at just 21 weeks and 6 days, and weighing less than a pound, Ellie Schneider was a born fighter.
Through the skill of her doctors — and the prayers of her parents — little Ellie kept on winning the battle of life. Today, Ellie is a strong, healthy 2-year-old girl sitting with her amazing mother, Robin, in the gallery. Ellie and Robin, we are so glad to have you with us tonight.

Ellie reminds us that every child is a miracle of life. And thanks to modern medical wonders, 50 percent of very premature babies delivered at the hospital where Ellie was born now survive. It's an incredible thing. Thank you very much.

Our goal should be to ensure that every baby has the best chance to thrive and grow just like Ellie. That is why I'm asking Congress to provide an additional $50 million to fund neo-natal research for America's youngest patients.

That is why I am also calling upon members of Congress here tonight to pass legislation finally banning the late-term abortion of babies.

Whether we are Republican, Democrat, or independent, surely we must all agree that every human life is a sacred gift from God. As we support America's moms and dads, I was recently proud to sign the law providing new parents in the federal workforce paid family leave, serving as a model for the rest of the country.

Now I call on Congress to pass the bipartisan Advancing Support for Working Families Act, extending family leave to mothers and fathers all across our nation.

Forty million American families have an average $2,200 extra thanks to our child tax credit.

I've also overseen historic funding increases for high-quality child care, enabling 17 states to help more children, many of which have reduced or eliminated their waitlists altogether.

And I sent the Congress a plan with a vision to further expand access to high-quality childcare and urge you to act immediately.

To protect the environment, days ago, I announced that the United States will join the One Trillion Trees Initiative, an ambitious effort to bring together government and private sector to plant new trees in America and all around the world.

We must also rebuild America's infrastructure.

I ask you to pass Senator John Barrasso's highway bill, to invest in new roads, bridges, and tunnels all across our land.
I'm also committed to ensuring that every citizen can have access to high-speed internet, including and especially in rural America.

A better tomorrow for all Americans also requires us to keep America safe. That means supporting the men and women of law enforcement at every level, including our nation's heroic ICE officers.

Last year, our brave ICE officers arrested more than 120,000 criminal aliens charged with nearly 10,000 burglaries, 5,000 sexual assaults, 45,000 violent assaults, and 2,000 murders.
Tragically, there are many cities in America where radical politicians have chosen to provide sanctuary for these criminal illegal aliens.

In sanctuary cities, local officials order police to release dangerous criminal aliens to prey upon the public, instead of handing them over to ICE to be safely removed.
Just 29 days ago, a criminal alien freed by the sanctuary city of New York was charged with the brutal rape and murder of a 92-year-old woman. The killer had been previously arrested for assault, but under New York's sanctuary policies, he was set free. If the city had honored ICE's detainer request, his victim would still be alive today.
The state of California passed an outrageous law declaring their whole state to be a sanctuary for criminal illegal immigrants, a very terrible sanctuary, with catastrophic results.
Here is just one tragic example. In December 2018, California police detained an illegal alien with five prior arrests, including convictions for robbery and assault. But as required by California's sanctuary law, local authorities released him.
Days later, the criminal alien went on a gruesome spree of deadly violence. He viciously shot one man going about his daily work. He approached a woman sitting in her car and shot her in the arm and in the chest. He walked into a convenience store and wildly fired his weapon. He hijacked a truck and smashed into vehicles, critically injuring innocent victims. One of the victims is a terrible, terrible situation. Died, 51-year-old American named Rocky Jones.
Rocky was at a gas station when this vile criminal fired eight bullets at him from close range, murdering him in cold blood. Rocky left behind a devoted family, including his brothers who loved him more than anything else in the world. One of his grieving brothers is here with us tonight.
Jody, would you please stand? Jody, thank you.

Jody, our hearts weep for your loss, and we will not rest until you have justice.
Senator Thom Tillis has introduced legislation to allow Americans like Jody to sue sanctuary cities and states when a loved one is hurt or killed as a result of these deadly practices.

I ask Congress to pass the Justice for Victims of Sanctuary Cities Act immediately. The United States of America should be a sanctuary for law-abiding Americans, not criminal aliens.

In the last three years, ICE has arrested over 5,000 wicked human traffickers, and I have signed nine pieces of legislation to stamp out the menace of human trafficking, domestically and all around the globe.
My administration has undertaken an unprecedented effort to secure the southern border of the United States.

Before I came into office, if you showed up illegally on our southern border and were arrested, you were simply released and allowed into our country, never to be seen again. My administration has ended catch-and-release.

If you come illegally, you will now be promptly removed from our country.

Very importantly, we entered into historic cooperation agreements with the governments of Mexico, Honduras, El Salvador, and Guatemala. As a result of our unprecedented efforts, illegal crossings are down 75 percent since May, dropping eight straight months in a row.
And as the wall rapidly goes up, drug seizures rise and the border crossings are going down, and going down very rapidly.
Last year, I traveled to the border in Texas and met Chief Patrol Agent Raul Ortiz. Over the last 24 months, Agent Ortiz and his team have seized more than 200,000 pounds of poisonous narcotics, arrested more than 3,000 human smugglers, and rescued more than 2,000 migrants.
Days ago, Agent Ortiz was promoted to Deputy Chief of Border Patrol, and he joins us tonight. Chief Ortiz, please stand.

A grateful nation thanks you and all the heroes of Border Patrol and ICE. Thank you very much. Thank you.

To build on these historic gains, we are working on legislation to replace our outdated and randomized immigration system with one based on merit, welcoming those who follow the rules, contribute to our economy, support themselves financially, and uphold our values.

With every action, my administration is restoring the rule of law and re-asserting the culture of American freedom. Working with Senate Majority Leader Mitch McConnell -- thank you, Mitch and his colleagues in the Senate, we have confirmed a record number of 187 new federal judges to uphold our Constitution as written. This includes two brilliant new Supreme Court Justices, Neil Gorsuch and Brett Kavanaugh. Thank you.

And we have many in the pipeline.

My administration is also defending religious liberty, and that includes the constitutional right to pray in public schools.

In America, we don't punish prayer. We don't tear down crosses. We don't ban symbols of faith. We don't muzzle preachers and pastors. In America, we celebrate faith. We cherish religion. We lift our voices in prayer, and we raise our sights to the glory of God.
Just as we believe in the First Amendment, we also believe in another constitutional right that is under siege all across our country. So long as I am president, I will always protect your Second Amendment right to keep and bear arms.

In reaffirming our heritage as a free nation, we must remember that America has always been a frontier nation. Now we must embrace the next frontier: America's manifest destiny in the stars.
I am asking Congress to fully fund the Artemis program to ensure that the next man and the first woman on the moon will be American astronauts, using this as a launching pad to ensure that America is the first nation to plant its flag on Mars.

My administration is also strongly defending our national security and combating radical Islamic terrorism.

Last week, I announced a groundbreaking plan for peace between Israel and the Palestinians. Recognizing that all past attempts have failed, we must be determined and creative in order to stabilize the region and give millions of young people the chance to realize a better future.
Three years ago, the barbarians of ISIS held over 20,000 square miles of territory in Iraq and Syria. Today, the ISIS territorial caliphate has been 100 percent destroyed, and the founder and leader of ISIS — the bloodthirsty killer known as Al-Baghdadi — is dead.

We are joined this evening by Carl and Marsha Mueller. After graduating from college, their beautiful daughter, Kayla, became a humanitarian aid worker. She once wrote, "Some people find God in church. Some people find God in nature. Some people find God in love. I find God in suffering. I've known for some time what my life's work is, using my hands as tools to relieve suffering."
In 2013, while caring for suffering civilians in Syria, Kayla was kidnapped, tortured, and enslaved by ISIS, and kept as a prisoner of Al-Baghdadi himself. After more than 500 horrifying days of captivity, Al-Baghdadi murdered young, beautiful Kayla. She was just 26 years old.
On the night that U.S. Special Forces Operators ended Al?Baghdadi's miserable life, the chairman of the Joint Chiefs of Staff, General Mark Milley, received a call in the Situation Room. He was told that the brave men of the elite Special Forces team, that so perfectly carried out the operation, had given their mission a name, "Task Force 8-14." It was a reference to a special day, August 14th, Kayla's birthday.
Carl and Marsha, America's warriors never forgot Kayla, and neither will we. Thank you.

Every day, America's men and women in uniform demonstrate the infinite depth of love that dwells in the human heart. One of these American heroes was Army Staff Sergeant Christopher Hake.
On his second deployment to Iraq in 2008, Sergeant Hake wrote a letter to his 1-year-old son, Gage: "I will be with you again,” he wrote to Gage. “I will teach you to ride your first bike, build your first sand box, watch you play sports, and see you have kids, also. I love you, son. Take care of your mother. I am always with you. Daddy.”
On Easter Sunday of 2008, Chris was out on patrol in Baghdad when his Bradley Fighting Vehicle was hit by a roadside bomb. That night, he made the ultimate sacrifice for our country. Sergeant Hake now rests in eternal glory in Arlington, and his wife, Kelli, is in the gallery tonight, joined by their son, who is now a 13 years old and doing very, very well.
To Kelli and Gage, Chris will live in our hearts forever. He is looking down on you now. Thank you.

Thank you very much. Thank you both very much.
The terrorist responsible for killing Sergeant Hake was Qasem Soleimani, who provided the deadly roadside bomb that took Chris's life. Soleimani was the Iranian regime's most ruthless butcher, a monster who murdered or wounded thousands of American servicemembers in Iraq.
As the world’s top terrorist, Soleimani orchestrated the deaths of countless men, women, and children.
 He directed the December assault and went on to assault U.S. forces in Iraq, was actively planning new attacks when we hit him very hard. And that's why, last month, at my direction, the U.S. military executed a flawless precision strike that killed Soleimani and terminated his evil reign of terror forever.

Our message to the terrorists is clear: You will never escape American justice. If you attack our citizens, you forfeit your life.

In recent months, we have seen proud Iranians raise their voices against their oppressive rulers. The Iranian regime must abandon its pursuit of nuclear weapons, stop spreading terror, death, and destruction, and start working for the good of its own people.
Because of our powerful sanctions, the Iranian economy is doing very, very poorly. We can help them make a very good and short time recovery. It can all go very quickly, but perhaps they are too proud or too foolish to ask for that help. We are here. Let's see which road they choose. It is totally up to them.

As we defend American lives, we are working to end America's wars in the Middle East.
In Afghanistan, the determination and valor of our warfighters has allowed us to make tremendous progress, and peace talks are now underway. I am not looking to kill hundreds of thousands of people in Afghanistan, many of them totally innocent.
It is also not our function to serve other nations as law enforcement agencies. These are warfighters that we have, the best in the world, and they either want to fight to win or not fight at all. We are working to finally end America's longest war and bring our troops back home.

War places a heavy burden on our nation's extraordinary military families, especially spouses like Amy Williams from Fort Bragg, North Carolina, and her two children, 6-year-old Elliana and 3-year-old Rowan.
Amy works full time and volunteers countless hours helping other military families. For the past seven months, she has done it all while her husband, Sergeant First Class Townsend Williams, is in Afghanistan on his fourth deployment to the Middle East. Amy's kids haven't seen their father's face in many months.
Amy, your family's sacrifice makes it possible for all of our families to live in safety and in peace. And we want to thank you. Thank you, Amy.

But, Amy, there is one more thing. Tonight, we have a very special surprise. I am thrilled to inform you that your husband is back from deployment. He is here with us tonight. And we couldn't keep him waiting any longer.

CONGRESSMEN: USA! USA! USA! USA! USA! USA! USA! USA! USA! USA! USA! USA! USA! USA! 
Welcome home, Sergeant Williams. Thank you very much.
As the world bears witness tonight, America is a land of heroes. This is a place where greatness is born, where destinies are forged, and where legends come to life.
This is the home of Thomas Edison and Teddy Roosevelt, of many great generals, including Washington, Pershing, Patton, and MacArthur. This is the home of Abraham Lincoln, Frederick Douglass, Amelia Earhart, Harriet Tubman, the Wright brothers, Neil Armstrong, and so many more. This is the country where children learn names like Wyatt Earp, Davy Crockett, and Annie Oakley. This is the place where the pilgrims landed at Plymouth and where Texas patriots made their last stand at the Alamo.

The beautiful, beautiful Alamo.
 The American nation was carved out of the vast frontier by the toughest, strongest, fiercest, and most determined men and women ever to walk on the face of the Earth. Our ancestors braved the unknown, tamed the wilderness, settled the Wild West, lifted millions from poverty, disease, and hunger, vanquished tyranny and fascism, ushered the world to new heights of science and medicine, laid down the railroads, dug out the canals, raised up the skyscrapers — and, ladies and gentlemen, our ancestors built the most exceptional republic ever to exist in all of human history. And we are making it greater than ever before.

This is our glorious and magnificent inheritance. We are Americans. We are pioneers. We are the pathfinders. We settled the new world, we built the modern world, and we changed history forever by embracing the eternal truth that everyone is made equal by the hand of almighty God.

America is the place where anything can happen. America is the place where anyone can rise. And here, on this land, on this soil, on this continent, the most incredible dreams come true.

This nation is our canvas, and this country is our masterpiece. We look at tomorrow and see unlimited frontiers just waiting to be explored. Our brightest discoveries are not yet known. Our most thrilling stories are not yet told. Our grandest journeys are not yet made.
The American age, the American epic, the American adventure has only just begun. Our spirit is still young. The sun is still rising. God's grace is still shining. And my fellow Americans, the best is yet to come.
Thank you. God bless you. And God bless America. Thank you very much.