What if It Were Obama on Trial? – The New York Times
What if it were President Barack Obama who was the subject of the Senate impeachment trial? How would we feel then?
Cass Sunstein, a professor at Harvard Law School, suggests a question along those lines in his book Impeachment: A Citizens Guide. Its one of several thought experiments that I suggest in order to step back from the hurly-burly in the Senate and interrogate our own principles and motivations.
The first approach, as Sunstein puts it, is this:
Suppose that a president engages in certain actions that seem to you very, very bad. Suppose that you are tempted to think that he should be impeached. You should immediately ask yourself: Would I think the same thing if I loved the presidents policies, and thought that he was otherwise doing a splendid job?
Alternatively, if you oppose impeachment and removal, Sunstein suggests you ask yourself: Would I think the same thing if I abhorred the presidents policies, and thought that he was otherwise doing a horrific job?
In practical terms, this amounts to: What if it were Obama who had been caught in this Ukraine scandal?
My guess is that if it were Obama, Republicans would be demanding witnesses (as they did in the 1999 trial of Bill Clinton). Given how aggressively Republican members of Congress pursued the Benghazi events multiple investigations, eventually finding no evidence of wrongdoing by either Obama or then-Secretary of State Hillary Clinton Im confident that the G.O.P. would be insisting that Obama be removed, with frequent chants of lock him up.
Yet I suspect that many Democrats would also switch sides, finding it easier to excuse misconduct by someone they admired and seeing it as more important in that situation to preserve executive privilege and leave it to voters to decide the matter in the fall. Thats why we owe it to ourselves, as a matter of intellectual honesty, to think through how we would react if it were the other guy on trial.
(Progressives may be scoffing that this exercise is unrealistic: Obama was meticulous in avoiding scandal and ethical conflicts. He checked with the Justice Department before accepting the Nobel Peace Prize, and for him a scandal was something like wearing a tan suit. The Ukraine mess would have been out of character for Obama, while it is entirely in character for Trump. But Republicans will see this differently.)
The second thought experiment comes from another distinguished lawyer, Neal Katyal, in his new book Impeach: The Case Against Donald Trump.
Imagine if it had worked, Katyal suggests. Imagine if our president had leveraged his role as commander in chief to convince a foreign power to open an investigation into his political opponent. Imagine if the presidents rival lost the primary because news broke that he was under investigation. Imagine if that meant the president faced a weaker candidate in November 2020 and won re-election as a result.
The foreign country could then blackmail our president by threatening to expose the corruption, gaining leverage over our foreign policy. Meanwhile, the president might abuse presidential power in other ways in the belief that impunity was complete. If all this eventually became public, and truth does have a way of trickling out, this would have devastating consequences for the legitimacy of American elections.
This thought experiment perhaps isnt so far-fetched. We know now that Trumps pressure on Ukraine caused alarm in the White House and the intelligence community, with National Security Adviser John Bolton likening it to a drug deal. Yet for all that uproar, it almost didnt become public. It was only because of a whistle-blower that the information began to emerge, and the military aid to Ukraine was released only after the White House became aware of the whistle-blower and was being pressured by Congress.
In short, Trumps plan almost succeeded and in any case, he will get away with it in the sense that he is sure to be acquitted by the Senate. When Republicans suggest that Trump did nothing wrong, what message does that impunity send to Trump and to future presidents?
The third thought experiment is simple: What if Trump werent president, but was like almost any other person in America?
What if he were a high school vice principal who ensured that a police detectives son would be accepted in advanced placement classes and then added, Id like you to do us a favor, though. The favor would be an investigation of the vice principals ex-wife before their upcoming child custody hearing, in hopes of tilting the outcome in his favor.
In that situation, the vice principal would be fired. We all recognize that no school official or other person in a government bureaucracy should use public power for private benefit.
So a last query: Shouldnt we have as high a standard for the president of the United States as for a school vice principal?
Read the original:
What if It Were Obama on Trial? - The New York Times
- Fugees Pras Michl sentenced to 14 years over illegal Obama donations - The Washington Post - November 24th, 2025 [November 24th, 2025]
- Obama wanted shutdown pain to be felt by Americans, while Trump kept focus on Washington, experts argue - Fox News - November 24th, 2025 [November 24th, 2025]
- Kris Jenner, 70, Cosigned the Practical Cool-Girl Pants Michelle Obama, 61, Has Been Wearing for Years - instyle.com - November 24th, 2025 [November 24th, 2025]
- Fugees rapper Pras Michel sentenced to 14 years in prison over illegal donations to Obama campaign - The Boston Globe - November 24th, 2025 [November 24th, 2025]
- Obama Leaders honor the people and places who shaped their journey - Obama Foundation - November 24th, 2025 [November 24th, 2025]
- Fugees rapper sentenced to 14 years in prison over illegal Obama donations - Al Jazeera - November 24th, 2025 [November 24th, 2025]
- How a St. Thomas Education Major Earned an Obama-Chesky Scholarship - Newsroom | University of St. Thomas - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Is Wrong: Women Can Win. - NOTUS News of the United States - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Pairs Her Plunging Crop Top With Butt-Grazing Braids in Powerful Photoshoot - instyle.com - November 24th, 2025 [November 24th, 2025]
- Trump and Republicans once more face a tough political fight over Obama-era health law - AP News - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Calls out White People For Telling Black Women How To Wear Their Hair - The Root - November 24th, 2025 [November 24th, 2025]
- Michelle Obama's Colorblock Sweater and Skirt Set Has the Most Surprising Winter Pattern - instyle.com - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Revealed The Blunt Reason Why She Won't Run For President - thelist.com - November 24th, 2025 [November 24th, 2025]
- President Obama: The Economy of the Future - MSN - November 24th, 2025 [November 24th, 2025]
- How millions of dollars in donations to Obama campaign landed Fugees rapper in jail - The Telegraph - November 24th, 2025 [November 24th, 2025]
- Fugees rapper Pras Michel sentenced to 14 years in prison for illegal donations to Obama campaign - The Haitian Times - November 24th, 2025 [November 24th, 2025]
- Why didn't Barack and Michelle Obama attend Dick Cheney's funeral? Here's the reason - The Economic Times - November 24th, 2025 [November 24th, 2025]
- Missteps with Obama Presidential Center shouldn't be the norm - Chicago Sun-Times - November 24th, 2025 [November 24th, 2025]
- Michelle Obama says the U.S. is 'not ready' for a woman president - NBC News - November 18th, 2025 [November 18th, 2025]
- Michelle Obama shares her styling hacks that make her confident and allow her to do the work - Fortune - November 18th, 2025 [November 18th, 2025]
- UK Twitter hacker who breached Obama's account ordered to repay $5.4 million in Bitcoin - Reuters - November 18th, 2025 [November 18th, 2025]
- Alyssa Farah Griffin rejects Michelle Obama's claim U.S. isn't ready for female president on 'The View' - Fox News - November 18th, 2025 [November 18th, 2025]
- The Trump prosecutor probing former top Obama administration officials - The Washington Post - November 18th, 2025 [November 18th, 2025]
- Michelle Obama on the chances of a female president - CNN - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Just Gave The Most Brutally Honest Answer For Why She Won't Run For President, And It's Pretty Depressing - Yahoo - November 18th, 2025 [November 18th, 2025]
- Former first lady Michelle Obama said the U.S. has a lot of growing up to do to be ready for a female president. Theres still, sadly, a lot of men who... - November 18th, 2025 [November 18th, 2025]
- Man behind Barack Obama and Jeff Bezos Twitter hacks to repay over $5 million in stolen bitcoin - theblock.co - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Says Americans Are 'Lying' About Wanting Her to Be President: 'Don't Waste My Time' - People.com - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Reveals the Bleak Reason Shed Never Run for President - The Daily Beast - November 18th, 2025 [November 18th, 2025]
- I accompanied my dad on honor flight. Thanks from Obama made it more memorable. | Letters - Milwaukee Journal Sentinel - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Asked If US Is Ready To Have Woman President. Her Response - NDTV - November 18th, 2025 [November 18th, 2025]
- Youre lying youre not ready: Michelle Obama drops truth bomb when asked if US is ready for its firs - The Times of India - November 18th, 2025 [November 18th, 2025]
- Obama is 1st president to participate in an Honor Flight, which Miller started here in WNC - WLOS - November 18th, 2025 [November 18th, 2025]
- Obama and Biden's relationship has deteriorated, 'really bad' since election: ABC reporter - Yahoo - November 18th, 2025 [November 18th, 2025]
- Matt Walsh attacks Michelle Obama again after viral clip shows her speaking on Black women and hair press - The Times of India - November 18th, 2025 [November 18th, 2025]
- NEWS: Twitter hacker who breached Obama and Musk accounts forced to repay 4m - AML Intelligence - November 18th, 2025 [November 18th, 2025]
- Michelle Obama said what youre not ready to hear - The Baltimore Banner - November 18th, 2025 [November 18th, 2025]
- Obama doesnt receive royalties from Obamacare - Daily Herald - November 18th, 2025 [November 18th, 2025]
- Former First Lady Michelle Obama has been slammed after she claimed America is not ready to elect a female as president. - facebook.com - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Rocks Double Denim in Throwback Shot Amid Release of Her Style Book - Yahoo - November 7th, 2025 [November 7th, 2025]
- Obama once urged Black men to back Harris then he, Democrats reversed race rhetoric legacy in 2025 - Fox News - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Suits up in Matthieu Blazys Debut Chanel Collection for Her The Look' Book Tour - WWD - November 7th, 2025 [November 7th, 2025]
- Michelle Obama on Being in Her 60s, Raising Daughters, and Growing Into Herself - Real Simple - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Tears Apart Trumps Renovation of the White House - Vanity Fair - November 7th, 2025 [November 7th, 2025]
- Michelle Obama on East Wing demolition: We always felt it was the peoples house - The Hill - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Is Applauded for Her Reaction to Trump's Demolition of the White House's East Wing - Yahoo - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Wears One of the Best Dresses of the Spring Collections - Vogue - November 7th, 2025 [November 7th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - AP News - November 7th, 2025 [November 7th, 2025]
- Newly emboldened Obama pops up on Pod Save America live show for election victory lap - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Gets Real About Her New Book, The Look, At Sold-Out Brooklyn Event - essence.com - November 7th, 2025 [November 7th, 2025]
- Barack Obama Gives Crucial Advice To Democrats Following 2025 Election Wins - HuffPost - November 7th, 2025 [November 7th, 2025]
- Malia Obama Sneaks Into the 'Stranger Things' Premiere in an Edgy Cardigan - W Magazine - November 7th, 2025 [November 7th, 2025]
- '44 The Musical' Off-Broadway review staging the song-and-dance of Obama-era politics - New York Theatre Guide - November 7th, 2025 [November 7th, 2025]
- 44 The Musical: The Obama Years, Satirized with Four-Letter Words - New York Stage Review - November 7th, 2025 [November 7th, 2025]
- Obama Celebrates Big Democratic Wins, Says Voters are Paying Attention - TheWrap - November 7th, 2025 [November 7th, 2025]
- Review: Obama Musical 44 Is Big on Nostalgia but Light on Everything Else - TheaterMania - November 7th, 2025 [November 7th, 2025]
- 44: The Musical' Off Broadway Review: Obama Sings and Dances but He's Married to Oprah? - TheWrap - November 7th, 2025 [November 7th, 2025]
- Before Trump, Obama used the federal government to strong-arm private institutions and states - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Obama shows his star power still burns bright one year on from Harris disappointment - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Nancy Pelosi retires from legendary career as Obama hails 'one of the best speakers the House of Representatives has ever had' - Fortune - November 7th, 2025 [November 7th, 2025]
- Michelle Obama and Tracee Ellis Ross Are the Best-Dressed on the Book Tour Circuit - Marie Claire - November 7th, 2025 [November 7th, 2025]
- Trump vs Obama: new polls show who the public favours and Trump is not happy - Dagens.com - November 7th, 2025 [November 7th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - WSLS - November 7th, 2025 [November 7th, 2025]
- There Is an Obama Musical (Really)And Biden Steals the Show - The Daily Beast - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Wore the Cool-Girl Jacket Theres No Escaping From in 2025and One Detail Makes It So Practical - instyle.com - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Colourful in Loewe Promoting The Look - Red Carpet Fashion Awards - November 7th, 2025 [November 7th, 2025]
- The Rock finally reveals how he tweeted about Bin Laden's death 45 minutes before President Obama - LADbible - November 7th, 2025 [November 7th, 2025]
- Jenna Bush Hager Says These Words From Michelle Obama Made Her Cry - TODAY.com - November 7th, 2025 [November 7th, 2025]
- Spot-on zany political spoof of the Obama era in 44 - The Musical at Off-Broadways Daryl Roth Theatre - DC Theater Arts - November 7th, 2025 [November 7th, 2025]
- Democrats are searching for their next leader. But they still have Obama. - Politico - November 3rd, 2025 [November 3rd, 2025]
- She will do the right thing: Obama boosts Spanberger at Norfolk rally - Virginia Mercury - November 3rd, 2025 [November 3rd, 2025]
- Obama Calls Mamdani to Praise His Campaign and Offers to Be Sounding Board - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- NJ Governors Race Draws Obama and Hannity but Not Trump in Final Days - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- Obama campaigns for Sherrill, Spanberger on Saturday in home stretch of gubernatorial elections - CNN - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, offers help as 'sounding board' in the future: Sources - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama looks to dial up Dem enthusiasm ahead of Tuesdays elections - The Hill - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to be sounding board if he wins - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Obama refuses to endorse radical NYC mayoral front-runner Mamdani even after publicly backing this previous mayor - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Video Obama: 'Country and our politics are in a pretty dark place right now' - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama criticizes the Trump administration while speaking in Virginia. - Brut - November 3rd, 2025 [November 3rd, 2025]