Democrats should be loudly calling for the impeachment of Donald Trump now, run on it in November, and then, when they take the House, actually do it. Because what he’s doing right now is not “norm-breaking,” or “provocative rhetoric,” or even the oft-quoted “Trump being Trump.” It’s an open assertion of unchecked power, limited — in his own words — only by his own “personal morality.”
Yesterday’s
shocking interview in The New York Times was decisive; that isn’t how a
president speaks in a constitutional republic. Instead, it’s a classic example
of how a strongman, a wannabe Mussolini or Putin, speaks as he tries to
reinvent the nation so the law becomes optional when it comes to him, his
flunkies, and his billionaire buddies.
When asked if there were any limits on his power,
he told the Times’ reporters, “Yeah, there is one thing. My own morality. My
own mind. It’s the only thing that can stop me.” He added, “I don’t need
international law.”
And
he’s acting it out in real time, creating his own private, unaccountable,
masked army (or death squad) that’s actively terrorizing American citizens
and being used to punish the cities and states of any politicians who dare
stand up to him or call him out.
Not
to mention his petty revenges: this week, he cut off billions in childcare and other low-income
funding to California, Colorado, Illinois, Minnesota and New York in direct
violation of the law and the Constitution because those states’ leaders had the
temerity to defy him.
The
Founders saw this coming. They obsessed over it and relentlessly warned us
future generations about it. And
they built a solution for it into the Constitution they drafted in the summer
and fall of 1787: impeachment.
James
Madison, in Federalist 47, cautioned that the greatest danger to liberty
wouldn’t come from a foreign invasion, but, instead, from a president who
turned the powers of government into instruments of personal will:
“The
accumulation of all powers, legislative, executive, and judiciary, in the same
hands, whether of one, a few, or many, and whether hereditary, self-appointed,
or elective, may justly be pronounced the very definition of tyranny.”
Alexander
Hamilton, no radical by any stretch, wrote that impeachable offenses are those
which “proceed from the misconduct of public men” and injure society itself. He
hoped, in Federalist 68, that no man with “[t]alents for low intrigue, and
the little arts of popularity” would ever reach the White House, but that’s
exactly what we’re now watching in real time.
And,
no, impeachment is not some “unprecedented Democratic overreach.” Republicans
have demanded impeachment of Democratic presidents for nearly a century, and
tried multiple times, most recently just two years ago.
—
Republican legislators screamed about impeaching Franklin D. Roosevelt over his
threat to pack the Supreme Court if they didn’t stop knocking down his New Deal
programs.
— They floated impeachment of Harry Truman for going into Korea without a
formal declaration of war.
— They threatened both John Kennedy and Lyndon Johnson with impeachment over
the Bay of Pigs in Cuba and the War in Vietnam.
— They introduced impeachment resolutions against Jimmy Carter over the Panama
Canal treaty.
— They campaigned openly to impeach Barack Obama over his “dictatorial”
executive orders and the “communist” Affordable Care Act.
The
idea that impeachment is too “divisive” to even discuss now is a naked lie, and
a very convenient one for authoritarian Republicans. What’s different today isn’t
the tool of impeachment; it’s the target.
Trump has now made explicit what Nixon tried to pull off but failed: that his presidency exists above the law and he can freely ignore both domestic and international law.
Nixon at least had the decency to mutter it privately, once
even telling David Frost that, “Well, when the president does it, that means
that it is not illegal.” Trump has put it into public policy.
When
a president claims the law doesn’t restrain him, as Trump has done — when he
treats Congress’ approval as if it were optional, federal judges as if they
were political enemies, treaties as inconveniences that can be gotten around or
even ignored, and war powers as personal prerogatives — impeachment stops being
political theater and becomes a constitutional necessity.
While
I vehemently disagree with Trump’s tax cuts for billionaires, gutting USAID and
other agencies, and inflammatory rhetoric (among dozens of other things), this
is not about policy disagreements.
It’s
explicitly about his unilaterally making war without congressional
authorization, weaponizing the Justice Department against his political
enemies, dangling pardons and financial opportunities for his allies but the
law as vengeance for his critics, and the obscenity of his mass pardons for the
criminals who attacked our Capitol on January 6th.
It’s
about, in other words, a president who has told us all, bluntly, that legality
and government power — including the power to execute a woman who was just
driving home after dropping off her child at school — flows from his own
definition of “morality,” his “own mind,” and no other source, the American
Constitution be damned.
He’s
asserting the “morality” of a man convicted of fraud, adjudicated a rapist,
repeatedly accused of sexual assault, who gleefully takes bribes of gold, Trump
hotels, and jet planes and rewards the bribers with tariff reductions, American
weapons, and other benefits.
This
is how Putin and Orbán transformed Russia and Hungary from democracies into
strongman single-party autocracies, and Trump is eagerly following their
examples (and apparently taking their regular advice).
Here’s
an example of what articles of impeachment could read like, a version that
could be read into the Congressional Record tomorrow:
Articles
of Impeachment Against Donald J. Trump, President of the United States
Article
I — Abuse of Power and Usurpation of Congressional War Authority
In
his conduct as President of the United States, Donald J. Trump has abused the
powers of his office by initiating and directing acts of war without
authorization from Congress, in violation of Article I, Section 8 of the
Constitution and the War Powers Resolution of 1973.
President
Trump ordered and executed military actions against the sovereign nation of
Venezuela, including strikes within its capital and the seizure of its head of
state, without a declaration of war or statutory authorization from Congress.
In doing so, he substituted his personal judgment and the desires of his donors
in the fossil fuel industry for the constitutional role of the legislative
branch, nullifying Congress’s exclusive authority to decide when the nation
enters hostilities.
Such
conduct is not a policy disagreement but a direct assault on the separation of
powers. The Framers vested the war-making power in Congress precisely to
prevent unilateral, impulsive, or self-interested uses of military force by a
single individual.
Wherefore,
President Trump has acted in a manner grossly incompatible with self-government
and has committed an abuse of power warranting impeachment and removal from
office.
Article
II — Contempt for the Rule of Law and Constitutional Limits on Executive Power
Donald
J. Trump has asserted that his authority as President is constrained only by
his “own morality,” explicitly rejecting the binding force of domestic law,
treaty obligations, and international legal norms ratified by the United
States.
By
publicly declaring that neither Congress, the courts, nor the law meaningfully
constrain his actions, President Trump has advanced a theory of executive power
fundamentally incompatible with the Constitution. Treaties ratified by the
Senate are, under Article VI, the supreme Law of the Land.
A
President who claims legality flows from personal judgment rather than law
announces an intent to govern as a sovereign, not as a constitutional officer.
This
conduct constitutes a profound breach of the President’s oath to preserve,
protect, and defend the Constitution.
Article
III — Corrupt Use of the Justice System for Political Retaliation
Donald
J. Trump has abused the powers of the presidency by directing or encouraging
the use of federal law enforcement and prosecutorial authority to target
political opponents for retaliation and intimidation.
The
President has publicly demanded investigations and prosecutions of political
adversaries while signaling protection for allies. Such conduct weaponizes the
justice system and undermines equal justice under law.
This
pattern of conduct constitutes an abuse of power and a violation of the public
trust.
Article
IV — Subversion of Democratic Institutions and Checks and Balances
Donald
J. Trump has engaged in a sustained campaign to undermine the independence of
the judiciary, the authority of Congress, and the legitimacy of constitutional
constraints on executive power.
By
encouraging attacks on judges, disregarding statutory limits imposed by
Congress, and treating oversight as illegitimate, the President has sought to
weaken the institutions designed to restrain executive excess.
Such
conduct represents a betrayal of constitutional responsibility.
Article
V — Abuse of the Pardon Power to Undermine Accountability for an Attack on the
Constitution
Donald
J. Trump has abused the pardon power by issuing broad clemency to individuals
who participated in or supported the January 6, 2001 attack on the United
States Capitol.
While
the pardon power is substantial, it was never intended to erase accountability
for a violent assault on Congress itself. This use of the pardon power
undermines deterrence, encourages future political violence, and weakens
constitutional governance.
Conclusion
In
all of this, Donald J. Trump has demonstrated that he will place personal
authority above constitutional duty, power above law, and loyalty to himself
above loyalty to the Republic.
Wherefore,
Donald J. Trump warrants impeachment, trial, removal from office, and
disqualification from holding any office of honor, trust, or profit under the
United States.
Then
comes the part Democrats keep flinching from: begin a loud and public campaign
for impeachment. After all, just this week he told Republicans that his biggest fear if the GOP
loses control of the House is that he’ll be impeached for a third time.
Yesterday afternoon,
I got one of Trump’s daily fundraising emails. This one didn’t ask if I’d yet
made a donation to get my name on the list for my “tariff rebate check” like
others this week and last but, instead, said (and the bold type is also bold in his email):
“Dems
plan for 2026 is simple but disturbing to EVERY MAGA Republican:
1. Flip the House
2. Flip the Senate
3. IMPEACH PRESIDENT TRUMP
4. Kill the MAGA agenda permanently”
He’s
not just talking about impeachment; he’s fundraising on it! Democrats, frankly, should do the
same.
I
realize that a conviction will never pass the current Senate (although we may
be surprised if he keeps doing and saying truly crazy and offensive things),
but it’s important to get this into the public dialogue and prepare the ground
for next year.
That’s
why Democrats must tell voters now exactly what they intend to do
with power if they win it this coming November (or before, if the GOP loses any
more House members).
And
they need to stop pretending that through some weird magic our democracy can be
preserved by silence, caution, or simply hoping that this convicted felon will
suddenly discover restraint or cave to a judge’s demand.
There
is a real possibility, by the way, that today a handful of
Republicans in the House could decide that preserving Congress’ war powers, the
power and independence of the judiciary, and the rule of law matters more than
protecting one aging politician. After all, yesterday five
Republicans in the Senate voted against Trump on his Venezuela oil-stealing
campaign and nine in the House voted against him on healthcare. It happened with
Nixon, and it can happen again.
But
it won’t happen if Democrats continue to treat impeachment like a dirty word
instead of a constitutional obligation.
Yes, it’ll piss off Trump’s base and rightwing media will go nuts. But his base is already filled with rage and rightwing media will do what they do no matter what, impeachment or not. Democrats need to stop cowering. So, let’s say what needs to be said without euphemism or apology:
Democrats
should introduce articles of impeachment now, run on them this November, and
then actually do it.
-Thom Hartmann







