Democrats lay impeachment trap, but will the president step into it?

Democrats now have the chance to see if they can trigger an impeachable offense by hitting Trump across a broad range of subjects, including his tightly held business and tax records. Hammered by subpoenas and demands, they are hoping that the unpredictable Trump could commit an impulsive and destructive act. Consider just a few possible “scores” that this strategy could produce if Trump walks into an impeachment trap.

First, firing frenzy. The biggest score would be a frustrated Trump ordering the firing of Mueller. Trump could be faced by not one but multiple special counsel reports in 2019, as well as ongoing litigation against indicted individuals. If reports are correct, he repeatedly has raised the idea of firing Mueller. That would cross a red line for some Republican senators and add “official acts” to an alleged pattern of obstruction.

Second, false statements. Unlike former President Clinton, who knowingly lied under oath (and was later found by a federal court to have committed perjury), Trump has not spoken under oath and only given limited answers in writing to a few questions from the special counsel. Now, Congress will be demanding answers not just from Trump but from his son-in-law, Jared Kushner, and others in the White House. Lying to congressional investigators is a crime. If Trump tries to spin facts or gives false information, he would commit an impeachable offense.

Third, witness tampering. Equally dangerous is an allegation of shaping or inducing testimony. Trump has shown a continuing refusal to observe lines of separation from the investigation. Just recently, a report alleged that he called acting Attorney General Matthew Whitaker to complain about the New York prosecutors pursuing campaign finance violations. If he speaks with potential witnesses about their knowledge or accounts, it could be construed as influencing witnesses or even subornation of perjury. Trump’s former lawyer, Michael Cohen, confessed to false statements and suggested the statements were made with Trump’s knowledge.

Other potential criminal acts relate to the withholding of documents or acts that could constitute contempt of Congress. Of course, this strategy will fail if Trump maintains simple restraint and leaves congressional and special counsel investigations to his own legal counsel. Congressional demands often raise separation-of-powers issues that can lead to litigation and delay. While Congress may not like it, it is very difficult to convert such constitutional objections into obstruction.

That, however, depends on the proper assertion of privileges. If the president interjects himself into the mix, the rationale — and the defense — can be compromised or lost. The scope and subject matter of these inquiries make for an obvious trap for Trump. This is why an aphorism like “you can’t impeach somebody that’s doing a great job” can be dangerous. Even if true to some degree on a political level, it also is true that a president can do a “great job” of getting himself impeached — if he walks into the world’s most obvious impeachment trap.

https://thehill.com/opinion/judiciary/423999-democrats-lay-impeachment-trap-but-will-the-president-step-into-it