One of Trump's most ardent-- and despised-- Republican antagonists is George Conway. Yesterday he penned a piece for The Atlantic, Unfit For Office, to be read with Bob Dylan's classic "Subterranean Homesick Blues" playing in the background. In short, Kellyanne's husband's message is the same message he's been tweeting for over 2 years, namely that Señor Trumpanzee's narcissism makes it impossible for him to carry out the duties of the presidency in the way the Constitution requires. "You don’t," he quotes Dylan, "need to be a weatherman to know which way the wind blows, and you don’t need to be a mental-health professional to see that something’s very seriously off with Trump-- particularly after nearly three years of watching his erratic and abnormal behavior in the White House. Questions about Trump’s psychological stability have mounted throughout his presidency. But those questions have been coming even more frequently amid a recent escalation in Trump’s bizarre behavior, as the pressures of his upcoming reelection campaign, a possibly deteriorating economy, and now a full-blown impeachment inquiry have mounted. And the questioners have included those who have worked most closely with him."See, it's not just Democrats unhappy with the 2016 election results who are determined to impeach Trump's ass and remove him from the presidency. Thursday morning, Politico reported that that nearly half a dozen polls conducted since Pelosi got on board with impeachment have shown that women, independent voters and college-educated whites-- 3 groups that will make or break the Trumpanzee reelection bid-- are rapidly moving towards the impeachment and removal arguments. "Should impeachment gain the support of an undeniable majority," speculated Gabby Orr,"Republicans who previously declined to distance themselves from the president could quickly change their calculus — setting Trump on the same lonely course that led to President Richard Nixon’s Watergate-era resignation in August 1974." And USAToday released an Ipsos poll yesterday showing that a 45%-38% plurality of Americans now support an impeachment vote by the House and by a 44%-35% Americans think the Senate should remove him.That's the context for Conway's assertion that "No president in recent memory-- and likely no president ever-- has prompted more discussion about his mental stability and connection with reality. Trump’s former chief of staff John Kelly is said to have described him as “unhinged,” and “off the rails,” and to have called the White House “Crazytown” because of Trump’s unbalanced state. Trump’s former deputy attorney general, Rod Rosenstein, once reportedly discussed recruiting Cabinet members to invoke the Twenty-Fifth Amendment, the Constitution’s provision addressing presidential disability, including mental disability."
The president isn’t simply volatile and erratic, however-- he’s also incapable of consistently telling the truth. Those who work closely with him, and who aren’t in denial, must deal with Trump’s lying about serious matters virtually every day. But as one former official put it, they “are used to the president saying things that aren’t true,” and have inured themselves to it. Trump’s own former communications director Anthony Scaramucci has on multiple occasions described Trump as a liar, once saying, “We … know he’s telling lies,” so “if you want me to say he’s a liar, I’m happy to say he’s a liar.” He went on to address Trump directly: “You should probably dial down the lying because you don’t need to … So dial that down, and you’ll be doing a lot better.”That was good advice, but clearly wishful thinking. Trump simply can’t dial down the lying, or turn it off-- even, his own attorneys suggest, when false statements may be punished as crimes. A lawyer who has represented him in business disputes once told me that Trump couldn’t sensibly be allowed to speak with Special Counsel Robert Mueller, because Trump would “lie his ass off”-- in effect, that Trump simply wasn’t capable of telling the truth, about anything, and that if he ever spoke to a prosecutor, he’d talk himself into jail.Trump’s lawyers in the Russia investigation clearly agreed: As Bob Woodward recounts at length in his book Fear, members of Trump’s criminal-defense team fought both Trump and Mueller tooth and nail to keep Trump from being interviewed by the Office of Special Counsel. A practice testimonial session ended with Trump spouting wild, baseless assertions in a rage. Woodward quotes Trump’s outside counsel John Dowd as saying that Trump “just made something up” in response to one question. “That’s his nature.” Woodward also recounts Dowd’s thinking when he argued to Trump that the president was “not really capable” of answering Mueller’s questions face to face. Dowd had “to dress it up as much as possible, to say, it’s not your fault … He could not say what he knew was true: ‘You’re a fucking liar.’ That was the problem.” (Dowd disputes this account.) Which raises the question: If Trump can’t tell the truth even when it counts most, with legal jeopardy on the line and lawyers there to help prepare him, is he able to apprehend the truth at all? Behavior like this is unusual, a point that journalists across the political spectrum have made. “This is not normal,” Megan McArdle wrote in late August. “And I don’t mean that as in, ‘Trump is violating the shibboleths of the Washington establishment.’ I mean that as in, ‘This is not normal for a functioning adult.’” James Fallows observed, also in August, that Trump is having “episodes of what would be called outright lunacy, if they occurred in any other setting,” and that if he “were in virtually any other position of responsibility, action would already be under way to remove him from that role.” ... Simply put, Trump’s ingrained and extreme behavioral characteristics make it impossible for him to carry out the duties of the presidency in the way the Constitution requires. To see why first requires a look at what the Constitution demands of a president, and then an examination of how Trump’s behavioral characteristics preclude his ability to fulfill those demands.The Framers of the Constitution expected the presidency to be occupied by special individuals, selfless people of the highest character and ability. They intended the Electoral College to be a truly deliberative body, not the largely ceremonial institution it has become today. Because the Electoral College, unlike Congress and the state legislatures, wouldn’t be a permanent body, and because it involved diffuse selections made in the various states, they hoped it would help avoid “cabal, intrigue and corruption,” as Alexander Hamilton put it in “Federalist No. 68,” and deter interference from “these most deadly adversaries of republican government,” especially “from the desire in foreign powers to gain an improper ascendant in our councils.”Though the Constitution’s drafters could hardly have foreseen how the system would evolve, they certainly knew the kind of person they wanted it to produce. “The process of election affords a moral certainty,” Hamilton wrote, “that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.” “Talents for low intrigue, and the little arts of popularity,” might suffice for someone to be elected to the governorship of a state, but not the presidency. Election would “require other talents, and a different kind of merit,” to gain “the esteem and confidence of the whole Union,” or enough of it to win the presidency. As a result, there would be “a constant probability of seeing the station filled by characters pre-eminent for ability and virtue.” This was the Framers’ goal in designing the system that would make “the choice of the person to whom so important a trust was to be confided.”Hamilton’s use of the word trust in The Federalist Papers to describe the presidency was no accident. The Framers intended that the president “be like a fiduciary, who must pursue the public interest in good faith republican fashion rather than pursuing his self-interest, and who must diligently and steadily execute Congress’s commands,” as a recent Harvard Law Review article puts it. The concept is akin to the law of private fiduciaries, which governs trustees of trusts and directors and officers of corporations, an area that has been central to my legal practice as a corporate litigator. “Indeed,” as the Harvard Law Review article explains, “one might argue that what presents to us as private fiduciary law today had some of its genesis in the law of public officeholding.” The overarching principle is that a fiduciary-- say, the CEO of a corporation-- when acting on behalf of a corporation, has to act in the corporation’s best interests. Likewise, a trustee of a trust must use the assets for the benefit of the beneficiary, and not himself (a fundamental rule, incidentally, that Trump apparently couldn’t adhere to with his own charitable foundation).In providing for a national chief executive, the Framers incorporated the very similar law of public officeholding into his duties in two places in the Constitution-- in Article II, Section 3 (the president “shall take Care that the Laws be faithfully executed”), and in Article II, Section 1, Clause 8, which requires the president to “solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States.” That language—particularly the words faithfully execute-- was in 1787 “very commonly associated with the performance of public and private offices,” the Harvard Law Review article points out, and “anyone experienced in law or government” at that time would have recognized what it meant, “because it was so basic to … the law of executive officeholding.” In a nutshell, while carrying out his official duties, a president has to put the country, not himself, first; he must faithfully follow and enforce the law; and he must act with the utmost care in doing all that.But can Trump do all that? Does his personality allow him to? Answering those questions doesn’t require mental-health expertise, nor does it really require a diagnosis. You can make the argument for Trump’s unfitness without assessing his mental health: Like James Fallows, for example, you could just ask whether Trump would have been allowed to retain any other job in light of his bizarre conduct... Trump, as president of the United States, is probably the most observable and observed person in the world. I’ve personally met and spoken with him only a few times, but anyone who knows him will tell you that Trump, in a way, has no facade: What you see of him publicly is what you get all the time, although you may get more of it in private. Any intelligent person who watches Trump closely on television, and pays careful attention to his words on Twitter and in the press, should be able to tell you as much about his behavior as a mental-health professional could....The “fundamental life goal” of an extreme narcissist “is to promote the greatness of the self, for all to see,” the psychologist Dan P. McAdams wrote in The Atlantic. To many mental-health professionals, Donald Trump provides a perfect example of such extreme, pathological narcissism: One clinical psychologist told Vanity Fair that he considers Trump such a “classic” pathological narcissist that he is actually “archiving video clips of him to use in workshops because there’s no better example” of the characteristics of the disorder he displays. “Otherwise,” this clinician explained, “I would have had to hire actors and write vignettes. He’s like a dream come true.” Another clinical psychologist said that Trump displays “textbook narcissistic personality disorder.”...Even Trump’s own allies recognize the degree of his narcissism. When he launched racist attacks on four congresswomen of color, Senator Lindsey Graham explained, “That’s just the way he is. It’s more narcissism than anything else.” So, too, do skeptics of assigning a clinical diagnosis. “No one is denying,” Frances told Rolling Stone, “that he is as narcissistic an individual as one is ever likely to encounter.” The president’s exceptional narcissism is his defining characteristic-- and understanding that is crucial to evaluating his fitness for office.The DSM-5 describes its conception of pathological narcissism this way: “The essential feature of narcissistic personality disorder is a pervasive pattern of grandiosity, need for admiration, and lack of empathy that begins by early adulthood and is present in a variety of contexts.” The manual sets out nine diagnostic criteria that are indicative of the disorder, but only five of the nine need be present for a diagnosis of NPD to be made. Here are the nine:1. Has a grandiose sense of self-importance (e.g., exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements).2. Is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love.3. Believes that he or she is “special” and unique and can only be understood by, or should associate with, other special or high-status people (or institutions).4. Requires excessive admiration.5. Has a sense of entitlement (i.e., unreasonable expectations of especially favorable treatment or automatic compliance with his or her expectations).6. Is interpersonally exploitative (i.e., takes advantage of others to achieve his or her own ends)7. Lacks empathy: is unwilling to recognize or identify with the feelings or needs of others.8. Is often envious of others or believes that others are envious of him or her.9. Shows arrogant, haughty behaviors or attitudes.These criteria are accompanied by explanatory notes that seem relevant here: “Vulnerability in self-esteem makes individuals with narcissistic personality disorder very sensitive to ‘injury’ from criticism or defeat.” And “criticism may haunt these individuals and may leave them feeling humiliated, degraded, hollow and empty. They may react with disdain, rage, or defiant counterattack.” The manual warns, moreover, that “interpersonal relations are typically impaired because of problems derived from entitlement, the need for admiration, and the relative disregard for the sensitivities of others.” And, the DSM-5 adds, “though overweening ambition and confidence may lead to high achievement, performance may be disrupted because of intolerance of criticism or defeat.”The diagnostic criteria offer a useful framework for understanding the most remarkable features of Donald Trump’s personality, and of his presidency. (1) Exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements? (2) Preoccupied with fantasies of unlimited success, power, brilliance? (3) Believes that he or she is “special” and unique and should only associate with other special or high-status people? That’s Trump, to a T. As Trump himself might put it, he exaggerates accomplishments better than anyone. In July, he described himself in a tweet as “so great looking and smart, a true Stable Genius!” (Exclamation point his, of course.) That “stable genius” self-description is one that Trump has repeated over and over again-- even though he has trouble with spelling, doesn’t know the difference between a hyphen and an apostrophe, doesn’t appear to understand fractions, needs basic geography lessons, speaks at the level of a fourth grader, and engages in “serial misuse of public language” and “cannot write sentences,” and even though members of his own administration have variously considered him to be a “moron,” an “idiot,” a “dope,” “dumb as shit,” and a person with the intelligence of a “kindergartener” or a “fifth or sixth grader” or an “11-year-old child.”Trump wants everyone to know: He’s “the super genius of all time,” one of “the smartest people anywhere in the world.” Not only that, but he considers himself a hero of sorts. He avoided military service, yet claims he would have run, unarmed, into a school during a mass shooting. Speaking to a group of emergency medical workers who had lost friends and colleagues on 9/11, he claimed, falsely, to have “spent a lot of time down there with you,” while generously allowing that “I’m not considering myself a first responder.” He has spoken, perhaps jokingly, perhaps not, about awarding himself the Medal of Honor.Trump claims to be an expert-- the world’s greatest-- in anything and everything. As one video mash-up shows, Trump has at various times claimed-- in all seriousness-- that no one knows more than he does about: taxes, income, construction, campaign finance, drones, technology, infrastructure, work visas, the Islamic State, “things” generally, environmental-impact statements, Facebook, renewable energy, polls, courts, steelworkers, golf, banks, trade, nuclear weapons, tax law, lawsuits, currency devaluation, money, “the system,” debt, and politicians. Trump described his admission as a transfer student into Wharton’s undergraduate program as “super genius stuff,” even though he didn’t strike the admissions officer who approved his candidacy as a “genius,” let alone a “super genius”; Trump claimed to have “heard I was first in my class” at Wharton, despite the fact that his name didn’t appear on the dean’s list there, or in the commencement program’s list of graduates receiving honors. And Trump, through an invented spokesman, even lied his way onto the Forbes 400....The notorious lawyer and fixer Roy Cohn, who once counseled Trump, said that “Donald pisses ice water,” and indeed, examples of Trump’s utter lack of normal human empathy abound. Trump himself has told the story of a charity ball-- an “incredible ball”-- he once held at Mar-a-Lago for the Red Cross. “So what happens is, this guy falls off right on his face, hits his head, and I thought he died … His wife is screaming—she’s sitting right next to him, and she’s screaming.” By his own account, Trump’s concern wasn’t the poor man’s well-being or his wife’s. It was the bloody mess on his expensive floor. “You know, beautiful marble floor, didn’t look like it. It changed color. Became very red … I said, ‘Oh, my God, that’s disgusting,’ and I turned away. I couldn’t, you know, he was right in front of me and I turned away.” Trump describes himself as saying, after the injured man was hauled away on a makeshift stretcher, “‘Get that blood cleaned up! It’s disgusting!’ The next day, I forgot to call [the man] to say is he okay … It’s just not my thing.”And then there was 9/11. Trump gave an extraordinary call-in interview to a metropolitan–New York television station just hours after the Twin Towers collapsed. He was asked whether one of his downtown buildings, 40 Wall Street, had suffered any damage. Trump’s immediate response was to brag about the building’s brand-new ranking among New York skyscrapers: “40 Wall Street actually was the second-tallest building in downtown Manhattan, and it was actually, before the World Trade Center, was the tallest-- and then when they built the World Trade Center, it became known as the second-tallest. And now it’s the tallest.” (This wasn’t even true-- a building a block away from Trump’s, 70 Pine Street, was a little taller.)That human empathy isn’t Trump’s thing has been demonstrated time and again during his presidency as well. In October 2017, he reportedly told the widow of a serviceman killed in action “something to the effect that ‘he knew what he was getting into when he signed up, but I guess it hurts anyway.’” (Trump later claimed that this account was “fabricated … Sad!” and that “I have proof,” but of course he never produced any.) On a less macabre note, on Christmas Eve last year, Trump took calls on NORAD’s Santa Tracker phone line, which children call to find out where Santa Claus is as he makes his rounds. Trump asked a 7-year-old girl from South Carolina: “Are you still a believer in Santa? Because at 7, it’s marginal, right?”...Most recently, in July of this year, in a stunning scene captured on video, Trump met in the Oval Office with the human-rights activist Nadia Murad, a Yazidi Iraqi who had been captured, raped, and tortured by the Islamic State, and had won the Nobel Peace Prize in 2018 for speaking out about the plight of the Yazidis and other victims of genocide and religious persecution. Her voice breaking, she implored the president of the United States to help her people return safely to Iraq. Trump could barely look her in the eye. She told him that ISIS had murdered her mother and six brothers. Trump, apparently not paying much attention, asked, “Where are they now?” “They killed them,” she said once again. “They are in the mass grave in Sinjar, and I’m still fighting just to live in safety.” Trump, who has publicly said that he deserves the Nobel Peace Prize, seemed interested in the conversation only at the end, when he asked Murad about why she won the prize.Another equally unforgettable video documents Trump visiting Puerto Rico shortly after Hurricane Maria, tossing rolls of paper towels into a crowd of victims. He later responded vindictively to charges that his administration hadn’t done enough to help the island, prompting the mayor of San Juan to observe that Trump had “augmented” Puerto Rico’s “devastating human crisis … because he made it about himself, not about saving our lives,” and because “when expected to show empathy he showed disdain and lack of respect.”In October 2018, a gunman burst into Shabbat morning services at a Jewish synagogue in Pittsburgh and sprayed worshipers with semiautomatic-rifle and pistol fire. Eleven people died. Three days later, the president and first lady visited the community, and the day after that, the first thing Trump tweeted about the visit was this: “Melania and I were treated very nicely yesterday in Pittsburgh. The Office of the President was shown great respect on a very sad & solemn day. We were treated so warmly. Small protest was not seen by us, staged far away. The Fake News stories were just the opposite—Disgraceful!” Similarly, after gunmen killed dozens in the span of a single August weekend in Dayton, Ohio, and El Paso, Texas, Trump went on a one-day sympathy tour that was marked by attacks on his hosts and on political enemies, and an obsessive focus on himself.What kind of human being, let alone politician, would engage in such unempathetic, self-centered behavior while memorializing such horrible tragedies? Only the most narcissistic person imaginable-- or a person whose narcissism would be difficult to imagine if we hadn’t seen it ourselves. The evidence of Trump’s narcissism is overwhelming-- indeed, it would be a gargantuan task to try to marshal all of it, especially as it mounts each and every day.Yet Pathological Narcissism is not the only personality disorder that Trump’s behavior clearly indicates. A second disorder also frequently ascribed to Trump by professionals is sociopathy-- what the DSM-5 calls antisocial personality disorder. As described by Lance Dodes, a former assistant clinical professor of psychiatry at Harvard Medical School, “sociopathy is among the most severe mental disturbances.” Central to sociopathy is a complete lack of empathy-- along with “an absence of guilt.” Sociopaths engage in “intentional manipulation, and controlling or even sadistically harming others for personal power or gratification. People with sociopathic traits have a flaw in the basic nature of human beings … They are lacking an essential part of being human.” For its part, the DSM-5 states that the “essential feature of antisocial personality disorder is a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood.”The question of whether Trump can serve as a national fiduciary turns more on his narcissistic tendencies than his sociopathic ones, but Trump’s sociopathic characteristics sufficiently intertwine with his narcissistic ones that they deserve mention here. These include, to quote the DSM-5, “deceitfulness, as indicated by repeated lying, use of aliases, or conning others.” Trump’s deceitfulness-- his lying-- has become the stuff of legend; journalists track his “false and misleading claims” as president by the thousands upon thousands. Aliases? For years, Trump would call journalists while posing as imaginary PR men, “John Barron” and “John Miller,” so that he could plant false stories about being wealthy, brilliant, and sexually accomplished. Trump was, and remains, a con artist: Think of Trump University, which even Trump’s own employees described as a scam (and which sparked a lawsuit that resulted in a $25 million settlement, although with no admission of wrongdoing). There’s ACN, an alleged Ponzi scheme Trump promoted, and from which he made millions (he, his company, and his family deny the allegations of fraud); and the border wall that hasn’t been built and that Mexico’s never going to pay for. Trump is a pathological liar if ever there was one.Other criteria for antisocial personality disorder include “failure to conform to social norms with respect to lawful behaviors, as indicated by repeatedly performing acts that are grounds for arrest”; “impulsivity or failure to plan ahead”; and “lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another.” Check, check, and check: As for social norms and lawful behaviors, there are all the accusations of sexual misconduct. Also relevant is what the Mueller report says about Trump’s efforts to derail the Justice Department’s investigation into Russian interference in the last presidential election. And given what federal prosecutors in New York said about his role in directing hush money to be paid to the porn star Stormy Daniels, a strong case can be made that Trump has committed multiple acts of obstruction of justice and criminal violations of campaign-finance laws. Were he not president, and were it not for two Justice Department opinions holding that a sitting president cannot be indicted, he might well be facing criminal charges now....And lack of remorse? That’s a hallmark of sociopathy, and goes hand in hand with a lack of human conscience. In a narcissistic sociopath, it’s intertwined with a lack of empathy. Trump hardly ever shows remorse, or apologizes, for anything. The one exception: With his presidential candidacy on the line in early October 2016, Trump expressed regret for the Access Hollywood video. But within weeks, almost as soon as the campaign was over, Trump began claiming, to multiple people, that the video may have been doctored-- a preposterous lie, especially since he had acknowledged that the voice was his, others had confirmed this as well, and there was no evidence of tampering. “We don’t think that was my voice,” he said to a senator. The “we,” no doubt, was a lie as well.Again, as with his narcissism, all this evidence of Trump’s sociopathy only begins to tell the tale. The bottom line is that this is a man who, over and over and over again, has indifferently mused about the possibility of killing 10 million or so people in Afghanistan to end the war there, while allowing that “I’m not looking to kill 10 million people”-- as though this were a realistic but merely less preferred option than, say, raising import tariffs on chewing gum. As a 1997 profile of Trump in the New Yorker put it, Trump has “an existence unmolested by the rumbling of a soul.”...[W]hen you line up what the Framers expected of a president with all that we know about Donald Trump, his unfitness becomes obvious. The question is whether he can possibly act as a public fiduciary for the nation’s highest public trust. To borrow from the Harvard Law Review article, can he follow the “proscriptions against profit, bad faith, and self-dealing,” manifest “a strong concern about avoiding ultra vires action” (that is, action exceeding the president’s legal authority), and maintain “a duty of diligence and carefulness”? Given that Trump displays the extreme behavioral characteristics of a pathological narcissist, a sociopath, or a malignant narcissist-- take your pick-- it’s clear that he can’t.To act as a fiduciary requires you to put someone else’s interests above your own, and Trump’s personality makes it impossible for him to do that. No president before him, at least in recent memory, has ever displayed such obsessive self-regard. For Trump, Trump always comes first. He places his interests over everyone else’s-- including those of the nation whose laws he swore to faithfully execute. That’s not consistent with the duties of the president, whether considered from the standpoint of constitutional law or psychology.Indeed, Trump’s view of his presidential powers can only be described as profoundly narcissistic, and his narcissism has compelled him to disregard the Framers’ vision of his constitutional duties in every respect. Bad faith? Trump has repeatedly used executive powers, threatened to use executive powers, or expressed the view that executive powers should be used to advance his personal interests and punish his political opponents. Thus, for example, he has placed restrictions on disaster aid to Puerto Rico in apparent response to criticism of him and his administration; directed the Pentagon to reconsider whether to award a $10 billion contract to Amazon because its CEO owns the Washington Post, whose coverage he doesn’t like; threatened to take “regulatory and legislative” action against Facebook, Google, and Twitter, because of their supposed “terrible bias” against him; tried to get White House staff to tell the Justice Department to try to block the merger between AT&T and Time Warner in order to punish CNN for its coverage; attacked his first attorney general for allowing the indictment of two Republican congressmen who had supported him; and ordered the revocation of the security clearance of a former CIA director who had criticized him.And now, in just the past two weeks, we’ve seen the pièce de résistance of bad faith, the one that’s brought Trump to the verge of impeachment: Trump’s efforts to use his presidential authority to strong-arm a foreign nation, Ukraine, into digging up or concocting evidence in support of a preposterous conspiracy theory about one of his principal challengers for the presidency, former Vice President Joe Biden. As one political historian has put it, Trump’s use of his Article II authority to pursue vendettas is “both a sign of deep insecurity … and also just a litany of abuse of power,” and something no president has done “as consistently or as viciously as Trump has.”Profit? Self-dealing? Look at the way Trump is using the presidency to advertise his real-estate holdings-- most notably and recently, his apparent determination to hold the next G7 summit at the Trump Doral resort in Florida. Ultra vires? Trump has made the outrageous claim that the Constitution gives him “the right to do whatever I want as president.” Consistent with that view, he has repeatedly suggested that, by executive order, he can overturn the Fourteenth Amendment’s guarantee of birthright citizenship—an utterly lawless assertion. His core constitutional obligations flow from Article II’s command that he faithfully execute the laws, yet he has told subordinates not to worry about violating the laws. According to one former senior administration official quoted in the New York Times, Trump’s “constant instinct all the time was: Just do it, and if we get sued, we get sued … Almost as if the first step is a lawsuit. I guess he thinks that because that’s how business worked for him in the private sector. But federal law is different, and there really isn’t a settling step when you break federal law.” Federal law is also different, one might add, because he’s in charge of upholding it.Facing the approach of the 2020 election with not a single new mile of his border wall having been built, Trump, as reported in the Washington Post, has urged his aides to violate all manner of laws to expedite construction-- environmental laws, contracting laws, constitutional limitations on the taking of private property-- and “has told worried subordinates that he will pardon them of any potential wrongdoing” they commit along the way.A duty of diligence and carefulness? Trump is purely impulsive, and incapable of planning or serious forethought, and his compulsion for lying has enervated any capacity for thoughtful analysis he may have ever had. He apparently won’t read anything; he himself has said, in regard to briefings, that he prefers to read “as little as possible”-- despite occupying what David A. Graham calls “one of the most demanding jobs in the world” precisely because its “holder is expected to consume, digest, and absorb prodigious amounts of information via reading.”And then there’s the question of honesty. Fiduciaries must be honest. The Framers understood, based upon the law of public officeholding in their time, that “faithful execution” of the laws requires “the absence of bad faith through honesty.” In the private realm, fiduciaries owe a duty of candor, of truth-telling; the standard of behavior was once memorably described by the renowned jurist Benjamin Cardozo as “not honesty alone, but the punctilio of an honor the most sensitive.” Today, in my own practice area of corporate litigation, corporate officers and directors, as fiduciaries, owe duties that include a duty to disclose material information truthfully and completely. Trump, whose lawyers wouldn’t dare allow him to speak to the special counsel lest he make a prosecutable false statement, couldn’t pass this standard to save his life.Trump’s incapacity affects all manner of subjects addressed by the presidency, but can be seen most acutely in foreign affairs and national security. Presidential narcissism and personal ego have frequently displaced the national interest. Today, the most obvious-- and stunning-- example is his conduct toward Ukraine: While trying to pressure the Ukrainian president to restart an investigation against Biden, Trump ordered the withholding of vital military aid to that country, thus weakening its ability to withstand Russian aggression and undermining the interests of the United States. But the list goes on: Last summer, in a narcissistic effort at self-aggrandizement, Trump told the Pakistani prime minister about a conversation he had with the Indian prime minister-- leading India to deny, indignantly, that any such conversation had ever taken place. Trump reportedly even lied about trade talks with China-- announcing that phone calls had occurred that never occurred and that the Chinese denied took place-- in an apparent attempt to pump up the stock market and take credit for it.Trump’s penchant for vendettas also doesn’t stop at the water’s edge-- American interests be damned. When confidential cables sent by the United Kingdom’s ambassador to his government were leaked, and were revealed to contain uncomplimentary (but obvious) observations about Trump’s ineptitude and emotional insecurity, and the dysfunction of his administration, Trump went on an extended Twitter tirade against the ambassador, calling him “wacky” and “a very stupid guy,” “a pompous fool,” and ultimately declared: “We will no longer deal with him.” When reports surfaced that Trump was interested in having the United States purchase Greenland from Denmark, and the Danish prime minister understandably described talk about such a purchase as “an absurd discussion” in light of Greenland’s position on the matter, Trump canceled a visit to Denmark, and then attacked the prime minister, calling her comments “nasty”; for good measure, he also attacked some of America’s NATO allies.At the same time, Trump happily succumbs to flattery from America’s enemies; he received “beautiful … great letters” from North Korea’s dictator, Kim Jong Un, and therefore “fell in love” with him, and rewards him with kind words and meetings even as North Korea continues to develop new nuclear weapons and delivery systems. Of Russia’s president, Vladimir Putin, Trump once said on television: “If he says great things about me, I’m going to say great things about him.”Putin, of course, did more than say great things about Trump, which brings up what was, until the Ukraine scandal surfaced, the most significant way in which Trump’s extraordinary narcissism influenced his presidency-- the Russia investigation. Trump made that investigation about himself, and in the course of doing so, committed what appear to be unmistakably criminal acts. At the outset, the Mueller investigation wasn’t about what Donald Trump had done during the 2016 U.S. presidential campaign. It was primarily an investigation about what the Russians had done to interfere with that election and to help the Trump campaign. At its core, it was a counterintelligence investigation-- an effort to protect the country, to defend our democracy. An effort to find out exactly what a hostile foreign power had done to attack the United States, so that our nation could fight back, and so that it could take measures to ensure that such an attack never happened again.But Trump didn’t see it that way. The Mueller report repeatedly describes Trump’s self-obsession, and his disregard for the national interest. Trump viewed “the intelligence community assessment of Russian interference as a threat to the legitimacy of his electoral victory.” He is said to have “viewed the Russia investigation as an attack on the legitimacy of his win.” He thought it would “tak[e] away from what he had accomplished.” The Washington Post has now reported, moreover, that in the Oval Office in May 2017, Trump told the Russian foreign minister and ambassador that he was unconcerned with Russia’s interference in the 2016 election.And so, contrary to his obligation to act in the nation’s interests rather than his own, and contrary to the criminal code, he repeatedly tried to obstruct the investigation-- and therefore, ironically, put himself in the crosshairs of the investigation. Thanks to Trump’s narcissism, the special counsel was forced to devote an entire volume of his report-- some 182 pages of single-spaced text-- to Trump’s repeated and persistent efforts to derail the investigation. And persistent, Trump was. He tried to get Attorney General Jeff Sessions, who had recused himself from the investigation, to violate ethics rules and unrecuse himself, so that he could get rid of the special counsel and limit the investigation to future election interference only. Trump tried to get his White House counsel to have the acting attorney general remove Mueller on a ridiculous pretext, prompting the counsel to threaten to resign. Trump tried to encourage witnesses to refuse to cooperate with the very government that Trump himself heads. As I’ve argued elsewhere, in his efforts to derail the Mueller investigation, Trump “did much more than this, but all of this is more than enough: He committed the crime of obstructing justice-- multiple times.” Trump even obstructed justice about obstructing justice when he tried to get the White House counsel to write a false account of Trump’s efforts to remove Mueller.All in all, Trump sought to impede and end a significant counterintelligence and criminal investigation-- one of crucial importance to the nation-- and did so for his own personal reasons. He did precisely the opposite of what his duties require. Indeed, he has shown utter contempt for his duties to the nation. How else could one describe the attitude Trump expressed when, sitting next to Vladimir Putin in late June, he was asked whether he would tell Putin not to interfere in the 2020 U.S. presidential election? Trump smirked, wagged his finger playfully at Putin, and said, “Don’t meddle in the election.” Putin smirked too. The Russian president was in on the joke-- the punch line being how Trump treats America’s interests versus his own....[N]ow that the House of Representatives has embarked on an impeachment inquiry, one of the most important judgments it must make is whether any identified breaches of duty are likely to be repeated. And if a Senate trial comes to pass, that issue would become central as well to the decision to remove the president from office. That’s when Trump’s behavioral and psychological characteristics should-- must-- come into play. From the evidence, it appears that he simply can’t stop himself from putting his own interests above the nation’s. Any serious impeachment proceedings should consider not only the evidence and the substance of all impeachable offenses, but also the psychological factors that may be relevant to the motivations underlying those offenses. Congress should make extensive use of experts-- psychologists and psychiatrists. Is Trump so narcissistic that he can’t help but use his office for his own personal ends? Is he so sociopathic that he can’t be trusted to follow, let alone faithfully execute, the law?Congress should consider all this because that’s what the question of impeachment demands. But there’s another reason as well. The people have a right to know, and a need to see. Many people have watched all of Trump’s behavior, and they’ve drawn the obvious conclusion. They know something’s wrong, just as football fans knew that the downed quarterback had shattered his leg. Others have changed the channel, or looked away, or chosen to deny what they’ve seen. But if Congress does its job and presents the evidence, those who are in denial won’t be able to ignore the problem any longer. Not only because of the evidence itself, but because Donald Trump will respond in pathological ways-- and in doing so, he’ll prove the points against him in ways almost no one will be able to ignore.
Another high-visibility Republican critic of Trump, Rick Wilson, had bad news for Republicans in Congress yesterday: Trump Is Going to Burn Down Everything and Everyone, and Republicans, That Means You. And many of them already know it! Wilson wrote that "In private, Republicans are in the deepest despair of the Trump era. They’ve got that hang-dog, dick-in-the-dirt fatalism of men destined to die in a meaningless battle in a pointless war. They’ve abandoned all pretense of recapturing the House, their political fortunes in the states are crashing and burning, and the stock-market bubble they kept up as a shield against the downsides of Trump-- 'but muh 401(k)!'-- is popping. You want to know why so few Republicans have held town-hall meetings since early 2017? Because Trump is the cancer they deny is consuming them from the inside out. They see the political grave markers of 42 of their GOP House colleagues-- and several hundred down-ballot Republicans-- booted from office since 2017 and know that outside of the deepest red enclaves, they’re salesmen for a brand no one is buying. I have some bad news, Republicans. It never gets better. There is no daylight at the end of this tunnel. Trump is a suicide bomber, and you’ve strapped yourselves to him so tightly that when he explodes, you’re going out to meet the 72 porn stars of the Trumpian afterlife with him. (Spoiler alert: They all look like Ivanka.)"
