Opinion

Congress, do your job now

Last week, Americans witnessed what could well be a pivotal event in Donald Trump's presidency: the admission, under oath, by the president's longtime personal attorney that he committed violations of federal election law _ at Mr. Trump's direction.

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By
TIMES UNION EDITORIAL BOARD
, Albany Times

Last week, Americans witnessed what could well be a pivotal event in Donald Trump's presidency: the admission, under oath, by the president's longtime personal attorney that he committed violations of federal election law _ at Mr. Trump's direction.

It may be too soon to start drafting articles of impeachment against a president who now qualifies as an unindicted co-conspirator in a felony.

But it is clear that the legal heat is intensifying around a president who has offered varying versions of what he knew, and when, about the hush payments that the attorney, Michael Cohen, admits he made on Mr. Trump's behalf to two women _ one a porn star, the other a Playboy model _ to keep them from talking about their relations with Mr. Trump just before the 2016 election.

The week also brought reports that yet more people close to Mr. Trump are talking to prosecutors under immunity, including the longtime chief financial officer of his company and the publisher of the National Enquirer. The latter is said to have buried negative stories on Mr. Trump but still has damaging information about him in a safe.

This may all sound like sleazy tabloid fodder, and much of it is. But it's serious sleaze, and the Republicans who run Congress had better start dealing with it.

Mr. Cohen's revelation, which directly contradicts public assertions the president has made, drew responses more befitting an organized crime boss than a U.S. president. Mr. Trump called Mr. Cohen, in cliche mob style, a "rat" and a "flipper," and put out the word that no one should hire him. He also lashed out anew at special counsel Robert Mueller, who is overseeing the probe into Russian interference in the 2016 election and possible collusion by the Trump campaign, and Attorney General Jeff Sessions, whom he has repeatedly called disloyal for recusing himself from the Russia probe over clear conflicts of interest.

And he praised his former campaign chairman, Paul Manafort, after his conviction on eight counts of bank fraud and tax fraud. Mr. Manafort hasn't turned on Mr. Trump, at least not yet. There are new reports that the president has talked about pardoning Mr. Manafort and firing Mr. Mueller and the official supervising him in lieu of Mr. Sessions, Deputy Attorney General Rod Rosenstein.

The public can never be really sure, of course, when this flamboyant developer and reality show star turned president is just acting out or is cleverly diverting public attention. But through all the noise, Mr. Trump has made one thing perfectly clear: This is a president who is taking stock of who he perceives to be a friend, and who he views as an enemy, and a potential legal or political threat.

This is a president who has shown that he is not above using the powers of his office to pardon criminals like former Sheriff Joe Arpaio and retaliate against his perceived enemies, even if it means playing games with national security clearances, as he did in revoking that of former CIA Director John Brennan.

Congress must draw lines now _ not in subdued public statements subject to interpretation, change, and political winds, but with clear actions.

The first essential step is to pass legislation to protect Mr. Mueller's investigation. It is not enough for congressional leaders to merely suggest that Mr. Trump shouldn't fire Mr. Mueller or Mr. Rosenstein. He has floated that trial balloon too many times, and the investigation is getting increasingly close to home for this president. This constant "will-he-or-won't-he, will-they-let-him-or-won't-they" is a reality show distraction, and a weak legislative response to a potential legal and constitutional crisis.

The second step is to suspend consideration of Mr. Trump's nomination of Judge Brett Kavanaugh to the Supreme Court, a confirmation process already tainted by Senate Republicans' failure to allow a full review of the judge's written record. Mr. Trump's selection of a judge who could well be asked to decide questions like whether the president can be supoenaed or prosecuted _ and whose record strongly suggests he would rule in Mr. Trump's favor _ makes this a clear conflict of interest.

And the third step is for Congress to undertake real investigations of the issues surrounding the president, including election security, the Russia scandal, and possible violations of the emoluments clause of the Constitution, particularly personal enrichment through dealings with foreign nations. We mean serious investigations, not not sham hearings to discredit or interfere with Mr. Mueller's probe or try to get inside information on it and feed it to Mr. Trump, as House Intelligence Committee Chairman Devin Nunes was so obviously doing. This should not be a heavy lift for a Congress that wasted taxpayer time and money on six politically-motivated, dead-end investigations of the Benghazi attack.

Every sitting senator and representative swore an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic" and "bear true faith and allegiance to the same." That constitution set up a system of checks and balances which, at the moment, are simply not working because those in charge of the House and Senate continue to put political concerns above the nation's interests.

In doing so, they risk permanent damage to a republic that can only work _ can only survive _if those entrusted to govern it do their jobs in good faith, not act like underlings for a mob boss who holds the threat of a mean tweet over their heads, or damage to their political careers.

It's time for Republicans _ leaders and rank-and-file alike _ to stop acting like shoppers on some grocery line trying their best to pretend they don't see the sleazy tabloid display on the rack. If they need something more dignified to do, they should pull out those pocket Constitutions so many of them proudly carry around. And read. And remember the oath they took. And then act like they meant it.

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