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
- Barack Obama bracket 2025: March Madness picks, predictions from former president - USA TODAY - March 22nd, 2025 [March 22nd, 2025]
- Kylie Kelce Has Perfect Response to Hateful Michelle Obama Message - Newsweek - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama breaks her silence on possibility of 2028 presidential run - PennLive - March 22nd, 2025 [March 22nd, 2025]
- Obamas to have a third child to fight divorce rumors? Michelle Obama breaks silence on expanding their fa - The Times of India - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Says Barack Wanted a Third Child but She Wasn't on Board: Were Gonna Get a Crazy One - PEOPLE - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Has Two Very Important Reasons Why She Will Never, Ever Run For President - BuzzFeed - March 22nd, 2025 [March 22nd, 2025]
- How a Lunch With Michelle Obama Led to Netflixs The Residence - Washingtonian - March 22nd, 2025 [March 22nd, 2025]
- Insight: The vanishing Obama presidency - The Anniston Star - March 22nd, 2025 [March 22nd, 2025]
- Why Michelle Obama Said No to Having a 3rd Baby With Barack Obama - E! Online - E! NEWS - March 22nd, 2025 [March 22nd, 2025]
- Will USC womens basketball raise another banner? Heres what Barack Obama has to say - AOL - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama and Kylie Kelce, Both 5'11", Agree That Tall Women Should Get Dibs on the Tall Guys - PEOPLE - March 22nd, 2025 [March 22nd, 2025]
- Former Obama official calls AOC one of Dems' most effective messengers - Fox News - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama worried about daughters Malia and Sasha turning up on Page Six while in the White House - Page Six - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama explains why she is not interested in politics after stepping back from spotlight - Page Six - March 22nd, 2025 [March 22nd, 2025]
- Kylie Kelce & Michelle Obama Bond Over Extremely Relatable Habit Theyre Often Teased About - Parade Magazine - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama reveals Barack Obama's wish for a third child amid divorce rumours: We should have a third - Hindustan Times - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama reveals the real reason she won't answer Democrat calls to run for president in 2028 - Daily Mail - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Is Still Taking the High Road on Social Media - Vanity Fair - March 22nd, 2025 [March 22nd, 2025]
- UN resolution that passed on Obama admin 11th-hour abstention a mistake, US envoy says - JNS.org - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama reveals Barack's disappointment that she wouldn't have a third child amid divorce rumors - Daily Mail - March 22nd, 2025 [March 22nd, 2025]
- Hey, where's Barack Obama's NCAA bracket predictions in 2025? They were late! - For The Win - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama Is In Her Rocker-Chic Hair Era and I Am Here For It - Yahoo Life - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama on why Sasha and Malia don't have other siblings - HOLA! USA - March 22nd, 2025 [March 22nd, 2025]
- This is how Michelle Obama has kept her sanity when dealing with social media - Business Insider - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama on the Funny Reason She Said No When Barack Wanted Another Child - Harper's BAZAAR - March 22nd, 2025 [March 22nd, 2025]
- Michelle Obama to share unfiltered thoughts in new podcast 'IMO' with older brother - USA TODAY - March 13th, 2025 [March 13th, 2025]
- Is Barack Obama dating Jennifer Aniston? What to know about the rumors - PennLive - March 13th, 2025 [March 13th, 2025]
- IMO with Michelle Obama review cleaning tips and long-winded platitudes - The Times - March 13th, 2025 [March 13th, 2025]
- Michelle Obama to Launch New Podcast With Sibling Craig Robinson - Hollywood Reporter - March 13th, 2025 [March 13th, 2025]
- Tiger Woods Biopic in the Works with Barack and Michelle Obama in Talks to Produce - PEOPLE - March 13th, 2025 [March 13th, 2025]
- Michelle Obama credits brother for convincing her to support Baracks presidential run - Yahoo Entertainment - March 13th, 2025 [March 13th, 2025]
- Former first lady Michelle Obama to visit Austin on Thursday - KVUE.com - March 13th, 2025 [March 13th, 2025]
- Democrats need to get over Michelle Obama - The Telegraph - March 13th, 2025 [March 13th, 2025]
- In 2015, Obama committed the US to achieving UN global goals by 2030. Trump just rejected the goals - The Associated Press - March 13th, 2025 [March 13th, 2025]
- Michelle Obama launches podcast with her brother, Craig Robinson: Heres what to expect - HOLA! USA - March 13th, 2025 [March 13th, 2025]
- IMO with Michelle Obama & Craig Robinson, review: a podcast so shallow it would insult the nearest puddle - The Telegraph - March 13th, 2025 [March 13th, 2025]
- Will Michelle Obama speak about 'divorce' in new podcast with brother? - The Times of India - March 13th, 2025 [March 13th, 2025]
- Michelle Obama credits brother for convincing her to support Baracks presidential run - The Independent - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Opens Up About Divorce in the Family and Freedom in New Podcast - The Daily Beast - March 13th, 2025 [March 13th, 2025]
- 24 Iowa counties among nation's top 100 for swing from Obama to Trump - Bleeding Heartland - March 13th, 2025 [March 13th, 2025]
- Could Dems have their first primary candidate for 2028? Former Obama official ready to enter the race - The Independent - March 13th, 2025 [March 13th, 2025]
- Michelle Obama reveals the truth about 'unusual' White House marriage - Tyla - March 13th, 2025 [March 13th, 2025]
- Michelle Obama announces video podcast with brother Craig Robinson - Axios - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Said This One Quality of Barack's Is Her Biggest Pet Peeve - InStyle - March 13th, 2025 [March 13th, 2025]
- Michelle Obama: My brother had to talk me into being first lady - The Telegraph - March 13th, 2025 [March 13th, 2025]
- Michelle Obama announces new podcast with brother Craig Robinson after stepping back from the spotlight - Page Six - March 13th, 2025 [March 13th, 2025]
- Michelle Obama premieres podcast with brother Craig Robinson: "We are living in complicated times" - Marca English - March 13th, 2025 [March 13th, 2025]
- Tiger Woods biopic in the works with Barack, Michelle Obama in talks to produce - ABC Digital Syndication - March 13th, 2025 [March 13th, 2025]
- Michelle Obama, Brother Craig Robinsons New Podcast Takes Off On YouTube, Talks Life Lessons And Relations - News18 - March 13th, 2025 [March 13th, 2025]
- Tiger Woods Biopic in the Works with Barack and Michelle Obama in Talks to Produce - MSN - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Launches New Weekly Podcast with Her Brother Craig Robinson to Provide Hope - PEOPLE - March 13th, 2025 [March 13th, 2025]
- Michelle Obama reveals why she's launching a podcast in 2025 - The Times of India - March 13th, 2025 [March 13th, 2025]
- Daily Kickoff: The Trump-Obama double standard - Jewish Insider - March 13th, 2025 [March 13th, 2025]
- Obama archive in Hoffman Estates planned move to Maryland before appearance on DOGE list - Daily Herald - March 13th, 2025 [March 13th, 2025]
- Michelle Obama Lifts the Lid on Childhood in Tiny 1-Bedroom Chicago Apartment as She and Her Brother Launch New Podcast - Yahoo Life - March 13th, 2025 [March 13th, 2025]
- Opinion | The Obama Plan That Presaged DOGE - The Wall Street Journal - February 20th, 2025 [February 20th, 2025]
- Hurricane, the hero Belgian Malinois who protected the Obama White House from intruder, has died - NPR - February 20th, 2025 [February 20th, 2025]
- Hurricane, the Secret Service Dog Who Protected Obama White House from Intruder in 2014, Dies at 15 - PEOPLE - February 20th, 2025 [February 20th, 2025]
- Hurricane, Dog Who Protected Obama White House From Intruder, Dies at 15 - The New York Times - February 20th, 2025 [February 20th, 2025]
- Why the Obama Presidential Center is immune to Trump's cuts - Axios - February 20th, 2025 [February 20th, 2025]
- Former President Barack Obama scheduled to speak at Hamilton College - WSYR - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards Told Barack Obama 'I'm the Truth' in Viral 'Court of Gold' Video - Bleacher Report - February 20th, 2025 [February 20th, 2025]
- "Man, y'all better stand down. I'm the truth" - Ant boldly tells US President Barack Obama that hes the real deal - Basketball Network - February 20th, 2025 [February 20th, 2025]
- Former President Barack Obama to speak at Hamilton College. What you need to know - Utica Observer Dispatch - February 20th, 2025 [February 20th, 2025]
- Elon Musk Granted Access to Student Loans by Obama-Appointed Judge - Newsweek - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards demands some respect from Barack Obama, viral video reveals: Im the truth! - New York Post - February 20th, 2025 [February 20th, 2025]
- NBA Star Anthony Edwards Goes Viral After Telling Obama 'I'm The Truth' - Black Information Network - February 20th, 2025 [February 20th, 2025]
- Manuals energetic rebrand of the Obama Foundation expands on its visual legacy - It's Nice That - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards demands some respect from Barack Obama, viral video reveals: Im the truth! - NewsBreak - February 20th, 2025 [February 20th, 2025]
- Barack Obama Was Shocked by Anthony Edwards' Confidence During Team USA Meeting at Paris Olympics - Complex - February 20th, 2025 [February 20th, 2025]
- "Man, y'all better stand down. I'm the truth" - Ant boldly tells US President Barack Obama that hes the real deal - MSN - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards Confidently Tells Barack Obama, 'I'm the Truth' - TMZ - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards has viral moment with former President Obama in new documentary - Dunking with Wolves - February 20th, 2025 [February 20th, 2025]
- My Take: Didnt Trump gripe about Obama using too many executive orders? - Parker Pioneer - February 20th, 2025 [February 20th, 2025]
- Democrats Biggest Problem Right Now is 'The Way They Talk', Former Obama Strategist Says (Exclusive) - LatinTimes - February 20th, 2025 [February 20th, 2025]
- Anthony Edwards had the cockiest exchange with Barack Obama before the Olympics - For The Win - February 20th, 2025 [February 20th, 2025]
- Megyn Kelly calls Obama-appointed federal judges "absolute idiots" who were hired because of their "DEI profile" - Media Matters... - February 14th, 2025 [February 14th, 2025]
- Tariffs will add to inflation, ex-Obama economics advisor says - Channel 4 News - February 14th, 2025 [February 14th, 2025]
- Donald Trump pardons former Illinois governor Rod Blagojevich: How is he connected to Barack Obama? - The Times of India - February 14th, 2025 [February 14th, 2025]
- Fact Check: Yes, Trump rebuked Obama in 2012 for 'constantly issuing executive orders' - Yahoo - February 14th, 2025 [February 14th, 2025]