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
- From Barack Obama to Emmanuel Macron, global leaders hit by AI and deepfakes - The Indian Express - July 10th, 2025 [July 10th, 2025]
- Heres what Trump and Obama laughed and talked about at Jimmy Carters funeral, new book reveals - New York Post - July 10th, 2025 [July 10th, 2025]
- Michelle Obama: I learned this great parenting tip from my mom and dadthey did a 'beautiful job' modeling it - CNBC - July 10th, 2025 [July 10th, 2025]
- Trump Asked Obama This Surprising Question at Jimmy Carter's Funeral, New Book Claims - People.com - July 10th, 2025 [July 10th, 2025]
- Michelle Obama frets young women are not allowed the unearned confidence young men have - Fox News - July 10th, 2025 [July 10th, 2025]
- Barack Obama To Speak At The O2 London, 3Arena Dublin - Pollstar News - July 10th, 2025 [July 10th, 2025]
- 'Telling the American story' Obama, Pence to speak at the Global Summit in Erie | Opinion - Erie Times-News - July 10th, 2025 [July 10th, 2025]
- Malia Obama Has the Bag Collection of My Dreams - Teen Vogue - July 10th, 2025 [July 10th, 2025]
- This is what President Trump asked Obama at Jimmy Carters funeral, new book claims - PennLive.com - July 10th, 2025 [July 10th, 2025]
- These 3 Words Help Teach Kids Critical Thinking, Say Michelle Obama (and Psychologists) - Inc.com - July 10th, 2025 [July 10th, 2025]
- Heres what smiling Trump, Obama really talked about at Carter funeral - SILive.com - July 10th, 2025 [July 10th, 2025]
- What Obama, Trump Discussed During Viral Interaction Finally Revealed - Newsradio WTAM 1100 - July 10th, 2025 [July 10th, 2025]
- Details About Trump & Obama's Exchange At Jimmy Carter's Funeral Revealed - Black Information Network - July 10th, 2025 [July 10th, 2025]
- Michelle Obama on confidence gender gap: Men have it, even when they havent earned it - Washington Examiner - July 10th, 2025 [July 10th, 2025]
- What Obama, Trump Discussed During Viral Interaction Finally Revealed - iHeart - July 10th, 2025 [July 10th, 2025]
- Obama directed intelligence communitys Trump-Russia witch hunt, CIA review reveals - BLiTZ - Fears None But God - July 10th, 2025 [July 10th, 2025]
- What Trump really said to Obama as they were spotted laughing at Jimmy Carter's funeral finally revealed - UNILAD - July 10th, 2025 [July 10th, 2025]
- Letter to the Editor: Deporter-in-Chief? Thats Obama, not Trump - courierherald.com - July 10th, 2025 [July 10th, 2025]
- 'Truth' behind Donald Trump and Barack Obama's friendly talk at Jimmy Carter's funeral as laughter stunned onlookers - The US Sun - July 10th, 2025 [July 10th, 2025]
- What Donald Trump Said To Barack Obama At Jimmy Carter's Funeral - The Blast - July 10th, 2025 [July 10th, 2025]
- We Finally Found Out What Trump And Obama Were Talking About At Jimmy Carter's Funeral - Yahoo - July 10th, 2025 [July 10th, 2025]
- America Doesn't Like Trump: Obama and Even JD Vance are More Popular - thedailypoliticususa.com - July 10th, 2025 [July 10th, 2025]
- Barack Obama heads to the UK for talks - voice-online.co.uk - July 8th, 2025 [July 8th, 2025]
- Michelle Obama had to fight back tears during podcast. Heres why - PennLive - July 8th, 2025 [July 8th, 2025]
- Barack Obama to lift the lid on life in office in two live appearances - The Independent - July 8th, 2025 [July 8th, 2025]
- FanDuel adds former Obama advisor and ex-NFL head to policy team - EGR North America - July 8th, 2025 [July 8th, 2025]
- Obama's scathing assessment of Biden's failed campaign revealed - Fox News - July 8th, 2025 [July 8th, 2025]
- An Evening With Barack Obama Heading To Arenas In London And Dublin In September - Stereoboard.com - July 8th, 2025 [July 8th, 2025]
- An Evening with President Barack Obama announced for London and Dublin - Mixtape Madness - July 8th, 2025 [July 8th, 2025]
- Former President Barack Obama to speak at Dublin event later this year - Hotpress - July 8th, 2025 [July 8th, 2025]
- Barack and Michelle Obama Say They're 'So Proud' of Daughter Malia on 27th Birthday: 'Keep Shining Bright, My Love' - People.com - July 6th, 2025 [July 6th, 2025]
- Steph Curry revealed what Barack Obama's golf game is like after playing with him and Jordan Spieth - The Golfing Gazette - July 6th, 2025 [July 6th, 2025]
- Barack and Michelle Obama Share Why They're "So Proud" of Malia on Her 27th Birthday - instyle.com - July 6th, 2025 [July 6th, 2025]
- Michelle Obama's new photo of Malia on her birthday leaves fans saying the same thing - hellomagazine.com - July 6th, 2025 [July 6th, 2025]
- Malia Obama celebrates her birthday on Fourth of July: Our favorite looks over the years - hola.com - July 6th, 2025 [July 6th, 2025]
- Your campaign is a mess: What incredulous Obama thought of Biden running again - Washington Examiner - July 6th, 2025 [July 6th, 2025]
- Malia Obama, Suri Cruise, Jennifer Garner, and more celebs wearing overalls - hola.com - July 6th, 2025 [July 6th, 2025]
- Bush, Obama and singer Bono fault Trumps gutting of USAID on agencys last day - Politico - July 4th, 2025 [July 4th, 2025]
- USAID officially closes, attracting condemnation from Obama and Bush - BBC - July 4th, 2025 [July 4th, 2025]
- Mamdani campaign hires former Obama, Clinton spokesperson who wished death on Trump - New York Post - July 4th, 2025 [July 4th, 2025]
- Bush, Obama and singer Bono fault Trumps gutting of USAID on agencys last day - AP News - July 4th, 2025 [July 4th, 2025]
- News - Mrs. Obama: Nation Must Step up Forever for Military Families - DVIDS - July 4th, 2025 [July 4th, 2025]
- News - Obama: Wont Accept Budget That Shortchanges Readiness - DVIDS - July 4th, 2025 [July 4th, 2025]
- Malia Obama shows off her summer abs on the way to the gym in Los Angeles - HOLA - July 4th, 2025 [July 4th, 2025]
- Readers respond: Obama deal would have avoided Trump bombing - OregonLive.com - July 4th, 2025 [July 4th, 2025]
- Rubio hails end of USAID as Bush, Obama deplore cost in lives - France 24 - July 4th, 2025 [July 4th, 2025]
- Obama, Bush and Bono bid a fond farewell to USAID - Daily Kos - July 4th, 2025 [July 4th, 2025]
- Fmr. Obama Treasury Sec. concerned Zohran Mamdani will ruin NYC if elected mayor - Fox News - July 4th, 2025 [July 4th, 2025]
- Comments - Obama and Bush Team Up To Shred Trump Over USAID - The Bulwark - July 4th, 2025 [July 4th, 2025]
- How Trump plays with new media says a lot about him as it did with FDR, Kennedy and Obama - The Conversation - July 4th, 2025 [July 4th, 2025]
- Obama Urges Americans to Pressure Reps to Reject Trump Megabill - The Rickey Smiley Morning Show - July 4th, 2025 [July 4th, 2025]
- Obama and Bush Unite in Rare Move Against Trump - The Daily Beast - July 2nd, 2025 [July 2nd, 2025]
- Bush, Obama and Bono Commend USAID Staff Members on Their Last Day - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- Lucas: Obama and the Democrats paved the way for Irans nuclear program - Boston Herald - July 2nd, 2025 [July 2nd, 2025]
- Obama, Bush decry travesty of Trumps gutting of USAID on its last day - Al Jazeera - July 2nd, 2025 [July 2nd, 2025]
- Obama, Bush criticize Trump administration for gutting USAID - Washington Examiner - July 2nd, 2025 [July 2nd, 2025]
- 10 Years Later: Looking Back On a Week That Shaped Our Country - Barack Obama Medium - July 2nd, 2025 [July 2nd, 2025]
- Bush, Obama and Bono bid farewell to USAID as 14m more deaths forecast without it - The Independent - July 2nd, 2025 [July 2nd, 2025]
- Obama, Bush and Bono eulogize USAID on final day - The Week - July 2nd, 2025 [July 2nd, 2025]
- House Republicans call for investigation into Obama-appointed judge in Trump funding case - AOL.com - July 2nd, 2025 [July 2nd, 2025]
- Donald Trump's 'colossal mistake' BLASTED by Obama and Bush during surprise reunion that left Bono in tears - Daily Mail - July 2nd, 2025 [July 2nd, 2025]
- Physician Tina Shah, who served in Obama and Biden administrations, will challenge Kean in NJ-7 - New Jersey Globe - July 2nd, 2025 [July 2nd, 2025]
- Michelle Obama shares the three words her dying mother said that changed her outlook on life - TheGrio - July 2nd, 2025 [July 2nd, 2025]
- Michelle Obama's podcast puts her in limelight in new Trump era, but she's not coming to Democrats' rescue - Fox News - July 2nd, 2025 [July 2nd, 2025]
- Bush and Obama fault Trumps gutting of USAID on agencys last day - MSN - July 2nd, 2025 [July 2nd, 2025]
- Don Jr.: "Affirmative Action" is why Obama won Nobel, not Trump - CNN - June 29th, 2025 [June 29th, 2025]
- A former Obama speechwriter learned to surf with his Joe Rogan-loving brother-in-law. Heres what happened next. - Inquirer.com - June 29th, 2025 [June 29th, 2025]
- The key difference between Obama and Trump on immigration - Orange County Register - June 29th, 2025 [June 29th, 2025]
- Michelle Obama shares 4 words her mom said at the end of her life that stuck with her - NPR - June 29th, 2025 [June 29th, 2025]
- Michelle Obama Discusses Parental Pain After Malia Changes Her Last Name to Push Away From Her Parents - Yahoo - June 29th, 2025 [June 29th, 2025]
- Michelle Obama Emotionally Shares Impact of 3 Words from Her Dying Mother - MSN - June 29th, 2025 [June 29th, 2025]
- Michelle Obama Reveals the Four Dying Words from Her Mother That Changed the Way She Lives Her Life - parade.com - June 29th, 2025 [June 29th, 2025]
- Michelle Obama reveals why shes rarely seen with Barack - Yahoo - June 29th, 2025 [June 29th, 2025]
- See the photos of Barack Obama School for Social Justice graduation ceremony - Lohud - June 29th, 2025 [June 29th, 2025]
- Viral video: Michelle Obama tears up while remembering her mother, reveals her take on death | Watch - Mint - June 28th, 2025 [June 28th, 2025]
- Michelle Obama says Barack Obama divorce rumor reactions are like 'the apocalypse' - USA Today - June 28th, 2025 [June 28th, 2025]
- This week in whoppers: Former aide's 'anti-war' Obama fantasy, Nina Turner's ignorance on Iran's abuse of women and more - New York Post - June 28th, 2025 [June 28th, 2025]
- Obama and Biden sent American taxpayers' money to Iran...: White House reveals - WION - June 28th, 2025 [June 28th, 2025]
- Trump Jr Says Obama Getting Nobel Prize Over Father Is 'Affirmative Action' - Newsweek - June 28th, 2025 [June 28th, 2025]
- Michelle Obama Gets Emotional Talking About the 3 Powerful Words Her Mom Said While Dying - People.com - June 28th, 2025 [June 28th, 2025]