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Justin Amash thinks Donald Trump is guilty of "impeachable conduct," and he is absolutely right. Impeachable conduct is whatever the House of Representatives decides it is, a point the president's defenders and some of his critics seem determined to obscure.
The House impeached Bill Clinton for lying under oath about oral sex, and the conduct described in Special Counsel Robert Mueller's report is more troubling and consequential, even if it does not amount to a crime that could be proven beyond a reasonable doubt. When Amash, a five-term Michigan congressman, became the first Republican legislator to make that point, the reaction revealed how determined his colleagues are to evade their responsibilities.
Mitt Romney, the Utah senator and former Republican presidential nominee who a month ago said he was "sickened at the extent and pervasiveness of dishonesty and misdirection" detailed by Mueller, this week praised Amash's "courageous statement" but added that he disagreed with his conclusion. Romney argued that "you just don't have the elements" to "make a case for obstruction of justice."
The Mueller report actually makes a strong case that at least some of Trump's attempts to interfere with the investigation of Russian efforts to influence the 2016 presidential election involved the three elements of obstruction: an obstructive act, a nexus to an official proceeding, and a corrupt intent. When Trump tried to stop the FBI investigation of his former national security adviser, repeatedly demanded Mueller's removal, pressed White House Counsel Donald McGahn to deny that Trump had tried to fire Mueller, urged his attorney general to take control of the Russia investigation and limit its scope, and discouraged witnesses from cooperating with it, he arguably met all three criteria.
Mueller unambiguously rejected the view, advocated by Trump's lawyers and Attorney General William Barr, that the president cannot obstruct justice by exercising his otherwise lawful constitutional powers, which include control of the Justice Department. But even if you accept that theory, it does not cover Trump's public and private attempts to influence the testimony of witnesses such as McGahn, his former lawyer Michael Cohen, and his former campaign chairman Paul Manafort.
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