“Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates. He doesn’t give you questions, he doesn’t give you orders, he speaks in a code. And I understand the code, because I’ve been around him for a decade.”
— Michael Cohn, Feb. 27, 2019 testimony before Congress.
SPEAKING IN CODE
Although Michael Cohen knew of his boss’s business dealings in Russia, Mr. Trump often said in Michael’s presence that he had no business ties in Russia. Michael, his lawyer-fixer for 10 years, understood what he meant. It wasn’t a statement of fact. It was code for an order: Deny any connection with Russia.
“They’ve got him — credible witnesses, documents, and who knows what else. In all my years as a prosecutor, I’ve never seen such an open-and-shut case.” — U.S. Attorney General Elliot Richardson’s announcement to President Nixon of the results of the federal investigation of bribery. The case was resolved with a quid pro quo: Quid: Vice President Agnew would resign with a plea “no contest”; Quo: the Vice President would not go to prison.
At long last, this Wednesday (Nov. 13, 2019) we will see the faces, hear the voices, and watch the body language of the members of the House Intelligence Committee and those who testify. Witnesses to the quid pro quo — we’re no longer arguing whether there was a quid pro quo — will bring their testimonies. Members of the Committee will examine, weigh the evidence, and decide whether to recommend impeachment.
This Wednesday we will be ushered to our seat in the observer section through different doors chosen by the flip of remote to select the door that suits the conclusions to which we have already come. Some will be ushered in by Fox; some by MSNBC or CNN; a few who prefer no pundits, will watch it on C-Span. Those who walk through different doors to the left or the right will watch the same thing so differently that an outside observer might wonder whether we were seeing different things.
THE QUESTION AND THE VOICE OF THE DEAD
The question at issue is whether the President violated his oath to preserve, protect, and defend the Constitution. As each of us considers the gravity of Mr. Trump’s quid pro quo with Mr. Zelensky, we might do well to listen to the dead. Our ancestors no longer belong to a political party. Some of the dead were patriots, others were not. The harshest critic sometime was a patriot while the one who talked incessantly of patriotism turns out to have been a scoundrel. G.K. Chesterton is among the dead who speak from the grave with wisdom and wit and a twinkle in his eye:
I have formed a very clear conception of patriotism, I have generally found it thrust into the foreground by some fellow who has something to hide in the background. I have seen a great deal of patriotism; and I have generally found it the last refuge of the scoundrel.
G.K. Chesterton, The Judgement of Dr. Johnson, Act III.
WHAT KIND OF “QUID PRO QUO?
Michael Mulvaney was right, and he was wrong in saying that quid pro quo‘s “happen all the time.” “Something for something” is not evil. I want an apple; you want an orange. II give you one of my apples; you give me one of your oranges. “We do it all the time.” “I’ll support the funding bill for bridge repair in your district, if you support the bill for road repair in my district.” We do it all the time. That’s the nature of politics in a democratic republic. We elect public servants to serve us within the wider context where local self-interests convene to get thing done by the art of compromise.
But this alleged wrongdoing is not that kind of legitimate quid pro quo between equals. There is nothing inherently unconstitutional in a “something for something” transaction to protect, preserve and defend the Constitution of the United States of America. The question is whether the President’s “something” (release of $300+ Million of military assistance with an invitation to the White House) in exchange for a conditional “something” (Ukrainian investigation of a likely opponent in the 2020 U.S. election with a public announcement by Mr. Zelensky) was in the best interest of the United States or whether it served his own personal purposes for re-election.
THE DEMOCRACY OF THE DEAD
The American Republic is still young among the nations, but we have a tradition, an inheritance of self-government under the Constitution and the rule of law. Tradition and freedom are not opposites. “Tradition means giving voice to the most obscure of all classes, our ancestors,” wrote Chesterton, sounding like an Ojibwe teaching his people to make decisions after looking back seven generations of the ancestors and forward seven future generations yet unborn. “[Tradition] is the democracy of the dead.” — G.K. Chesterton, “The Ethics of Elfland” in Orthodoxy.
Was the President’s quid pro quo an act of patriotism, or was it the behavior of a scoundrel. If Donald Trump was a scoundrel, does the offense rise to the level of “high crimes and misdemeanors”?