Impeachment

by Mark Spivak

  “God only knows. I urged him to do it, but he never pulled the trigger. In the meantime, you haven’t answered me—how do things shake out in the Senate?”

  “The honest answer is I don’t know. But I’ll take some preliminary soundings and get back to you.”

  “I’d appreciate that. How about you, Mr. Moderate? Where do you stand?”

  “It’s complicated.” Wallko hesitated. “You know, when I met with the President recently, I reminded him that that vote on the Repatriation Act was 58-42, which represented nine Democratic defections. The Senate would need a two-thirds majority to convict, which means they’d have to come up with another nine. You have to think that it’s entirely possible.”

  “That doesn’t tell me where you stand on this.”

  “I’m leaning strongly toward conviction, to be honest. He did ignore the law, and I find his arrogance to be personally offensive. On top of that, when I was home during the last recess, I found that a majority of my constituents seem to agree with me.”

  “Could you at least do me a personal favor and not try to sway people toward your point of view?”

  “No problem. Remember that my situation is different from Lupin’s. I’m not standing over these guys and brandishing a club, threatening their committee assignments.”

  “Well, that’s something.”

  “Since we’re speaking confidentially, how about answering one question?”

  “Shoot.”

  “Can you explain why your guy appears to be intentionally walking off the side of a cliff?”

  There was a long pause on the other end of the line. “His psychology is complicated,” Gottbaum said finally. “There are times when I’d almost swear the prospect of becoming a martyr is appealing to him. No matter how he leaves office, of course, he’ll be a hero to certain constituencies—he’ll write books, give speeches and have a grand old time. This way, though, he gets the stature of Dr. King without being shot.”

  “I’m sorry, Joel. I know you’ve had a bad week. Just remember that you still have a future ahead of you.”

  “Sure,” said Gottbaum. “When this is all over, I can manage the campaign of some schmuck running for Mayor of Cleveland.”

  Chapter 43

  One by one, the members of the House of Representatives filed up to the podium to cast their vote. Since the early 1970s their decisions had been recorded electronically, but there was still an element of theater to the process. Khaleem Atalas and Joel Gottbaum sat in the Oval Office, watching the proceedings on C-SPAN.

  “Ever read A Tale of Two Cities?” asked the President as the vote passed the halfway point.

  “I think so, but I tried my best to forget Dickens—he was a terrible writer. Why would you ask?”

  “Doesn’t this remind you of the procession to the guillotine?” Atalas grinned. “I guess that would cast Lupin as Madame Defarge.”

  “You’re pretty sanguine for a guy who’s about to be sent back to Pennsylvania. What’s that about?”

  “I’m less worried about the outcome than you are.”

  “You should be worried. This is no joke.”

  “I just don’t think the Senators will want to deport the immigrants, particularly the asylum seekers, and have blood on their hands.”

  “It doesn’t seem to bother this group of patriots, does it?”

  “The Republicans have a twenty-eight-seat majority in the House, so we know this is going to pass. Look, Joel: Only three Presidents have ever been impeached, and none of them were convicted by the Senate.”

  “That’s because Nixon resigned. He would’ve been convicted in a heartbeat.”

  “You’re comparing me to Nixon?”

  “Of course not,” said Gottbaum. “But we don’t know what the head count is in the Senate, do we?”

  “When I met with Wallko, he didn’t sound like the world was coming to an end.”

  “Well, I talked to him last week, and he was waffling all over the place. I’d take this more seriously, if I were you.”

  “It looks like I have the public on my side.”

  “Initially, you did. But that was before they realized the immigrants might move in with a foster family next door to them. Now they’re singing a different tune.”

  “Speaking of singing differently, what’s up with Mendoza? You’d think he’d be happy that I put my ass on the line for 100,000 brown people.”

  “I don’t know.” Gottbaum shook his head. “It’s very curious. In fact, it almost makes you think there’s some mischief going on behind the scenes.”

  “Have you talked to him?”

  “I’ve tried, but he’s not taking my calls.”

  “Screw it,” said the President. “We’re going to get through this.”

  House Votes Impeachment of President Atalas

  Senate Trial Set for January

  December 9

  By Kenneth Jablonski, National Editor

  By a vote of 309-136, the U.S. House of Representatives yesterday approved a single count of impeachment against President Khaleem Atalas. Although the measure had been widely expected to pass, 14 Democrats joined the Republican majority in voting to advance the measure to the Senate. The impeachment trial is expected to begin after the Christmas recess on January 8.

  The measure was drafted by Rep. Charles Barrett (R-Texas), and introduced on November 8. It charged that President Atalas had violated his oath of office by refusing to enforce the Repatriation Act, which demands that the immigrants currently held on the U.S.-Mexico border be immediately deported.

  In addition, the Article of Impeachment alleged that the President had “disregarded common standards of detainee treatment, in particular: imprisoned individuals without notifying them whether or not they have committed a crime; continued to hold them prisoner without explanation of the charges against them; denied them competent legal representation; housed them in circumstances proven to be inhumane; and withheld from them the right to a speedy trial.”

  Many political observers were surprised by the size of the majority voting to impeach the President. The Republicans currently control the House by a margin of 28 seats, but the 309-136 tally was unexpected.

  “If I were Khaleem Atalas, I’d be very concerned with this outcome,” said Keith Englehart, who served as an advisor to five Presidents of both parties. “Anytime you have 14 Democrats crossing party lines to vote against their leader, you have an indication of deep-seated problems. Remember that it will only take 18 Senators to cast their votes against Atalas to remove the President from office—slightly more than the number of cross-over votes he received in the House, although obviously the Senate is a different story.”

  Some of the Democrats in question were unavailable for comment, but those who agreed to speak on the record indicated that their decision had been influenced by pressure from constituents.

  “Citizens are very disturbed by this situation,” said Peter Buckley (D-MT), one of the defectors. “Back home in Montana, we don’t have a problem with immigration, but people are very strong believers in individual rights. They see this as a case of false imprisonment and unfair treatment.”

  Others were blunt in their assessment.

  “I represent a very diverse district,” said Claire Villanova (D-CA). “We have a large population of Jewish people, African Americans and Japanese Americans, all of whom have suffered discriminatory treatment in the past. When they look at the situation in the detention camps, and particularly the administration’s response to it, it makes them very uneasy.”

  Yesterday’s action by the House represents only the third time in history that a U.S. President has been impeached. In 1868, Andrew Johnson dodged conviction during his Senate trial by a single vote. William Hampton was acquitted in 1998 by a party line vote, and Richard Nixon resigned before his impeachment trial could be bro
ught to the Senate.

  “This is an interesting case,” said Seymour Goldfarb, Dean of the Columbia University School of Law. “The article of impeachment is very narrowly drawn, and Khaleem Atalas is guilty on its face—he did, in fact, refuse to enforce the Repatriation Act. So his predicament is less of a legal one and more of a political one. I think the outcome depends on whether or not the Democrats in the Senate are willing to turn on a President of their own party.”

  During the Senate trial, conviction will require a two-thirds majority, or 67 votes. The chamber currently consists of 51 Democrats and 49 Republicans, so 18 members of the President’s party would need to vote against him in order to remove him from office. Political analysts seem to agree that a great deal depends on how the President conducts himself between now and January 8.

  Chapter 44

  Between November 10, when the Supreme Court refused to hear the administration’s appeal of the Repatriation Act, and December 8, when the House of Representatives voted on the Article of Impeachment, Jorge Mendoza made thirty-one media appearances. He was on CNN fourteen times, and he became a sought-after guest on the Sunday morning talk shows.

  To influence the largest possible proportion of the public, Mendoza abandoned the sound and fury of his Criollos Unidos speech. He played the role of a thoughtful but wounded former supporter of Khaleem Atalas, a man who represented the nation’s largest cultural minority and who had reluctantly come to understand the President’s disappointing performance on immigration.

  “We know that you were once an enthusiastic cheerleader for the President,” said the CNN host during his first appearance. “Could you sketch out for us the series of events that convinced you he wasn’t sincere about immigration reform?”

  “Sadly, yes.” Mendoza was attired in a plaid shirt and red knit tie, a touch that made him seem like a retired Boy Scout troop leader. “Like many of my people, I harbored great hopes for Khaleem Atalas when he was first elected. I understand that the man faces full-scale political pressures, and sometimes a leader in his position must do what is expedient. But the situation on the U.S.-Mexico border has been tragic, and it has been marked by a pattern of inaction from the beginning. The immigrants were first placed in county jails, which were overcrowded to begin with. When conditions became intolerable, they were moved to the detention camps, where things went from bad to worse. Any reasonable and compassionate person would realize that it would be far better to send these immigrants back to their country, rather than keep them cooped up like animals in cages. For myself, and millions of others like me, it has been heartbreaking to watch. Those detainees could easily have been our sons, brothers, and fathers.

  “Khaleem Atalas may be President, but he is only one man. We realize that he cannot solve the problems of the world on his own. But when you look at these camps, you regrettably have to ask yourself: Where is the compassion for one’s fellow man? No one expected special treatment, but we certainly aspire to be part of the human family.”

  As the weeks passed, CNN seemed fascinated by Mendoza: he was the cheerleader who married the boy next door, and her fiancé turned out to be an ax murderer. Their interviews with him were often split-screen shots, with Mendoza’s mournful face sharing the TV with images of rioting inmates and overcrowded, filthy bunk rooms.

  He was front and center on November 18, the night after the President’s address to the nation.

  “I wonder, Mr. Mendoza,” asked the anchor, “how you feel about the President’s decision to resettle the majority of the detainees in sponsored homes and integrate them into society?”

  “I applaud him for doing the right thing, but I fear it will turn out to be too late. As you know, Criollos Unidos conducts lobbying efforts on Capitol Hill, and we maintain a dialogue with many members of Congress. I can tell you there has been significant support for impeachment in the House for quite a while, and this latest action will inflame the members who already lean in that direction. I only wish the President had taken this course of action from the beginning—it could have worked, and it might have led to significant immigration reform. Now I fear the consequences will be more drastic for him.”

  And on the Sunday preceding the impeachment vote, he was the featured guest on Meet the Press.

  “Above all, Mr. Mendoza,” said David Gregory, “we’re curious to get your prediction of what will happen in the House of Representatives this week, and what that will mean for the country.”

  “This is a very sad episode in our history, David. Khaleem Atalas is our legitimately elected leader, a man who took office carrying the hopes and dreams of many disenfranchised citizens with him. Somehow, he has lost his way. He was meek when he should have been bold, cautious when the moment called for decisiveness. I’m very glad I’m not in the position of the House members who will be called upon to cast this difficult vote, but I remain hopeful.”

  “So you’re relatively confident the President will survive this?”

  “No, no. I’m speaking now as the child of immigrants, and as someone who believes in America. I am confident the House will come to the right conclusion, and that our great democracy will endure.”

  “Good afternoon, Mr. Marshall,” said Kevin Lapham. “Sorry it took me so long to get back to you.”

  “No worries—I know you’re a busy man. Sounds like we have a bad connection, though.”

  “I’m calling from the plane, so I’m on a satellite phone. If we hit a rough spot, I’ll call you back.”

  “That’s a plan.”

  “I imagine you’re calling to get a sense about the future. Now that the project is close to completion, you probably want to know where we go from here.”

  “How did you know that?”

  “Instinct. So I’ll give you both the short-term and long-range view of things. Between now and the time Khaleem Atalas leaves office, it’s business as usual. You keep your men on point, you continue to detain immigrants crossing the border illegally. Nothing changes until we tell you to cease and desist. Is that clear?”

  “Absolutely.”

  “When the project is successfully completed, as I’m sure it will be, you’ll be paid according to the terms of the contract. I imagine you’ll probably get a substantial bonus as well.”

  “I certainly wasn’t expecting that.”

  “That’s the way Sheldon and Richard operate—if you produce and get results, you’re rewarded for your efforts. You’ve done a great job for us, and everyone is appreciative. Either way, the financial future of you and your family should be secure.”

  “I don’t know what to say.”

  “What questions do you have?”

  “I’m not sure if you’ve seen the conditions in the camps, sir, but they’re pretty brutal.”

  “In many cases, Mr. Marshall, it’s no worse than what the immigrants had to endure back home.”

  “Even so—”

  “I’m sure your empathy is sincere, but it’s a little late. What else?”

  “The trend of events is a little overwhelming, to be honest. I never expected that the President would be impeached.”

  “Well, I wouldn’t shed any crocodile tears over the future of Khaleem Atalas. He’ll be pardoned, and he’ll give speeches at a hundred grand apiece. The liberal think tanks will drool over him. He’ll be a hero. If things get slow, he can always go on TV and tell people he was ousted because of an invisible racist conspiracy.”

  “Even so—”

  “Let me put it another way, Mr. Marshall. When you gave that speech at the high school auditorium, the one that brought you to the attention of Sheldon and Richard, you were quite sincere about wanting meaningful immigration reform, weren’t you?”

  “Yes, sure.”

  “You know very well that was never going to happen while Khaleem Atalas was in office. For convenience sake, I’ll use the old, tired analogy
between the workings of government and the making of sausage. Both are unpleasant to watch, and squeamish people need to keep their distance. You, sir, got a job in the sausage factory. Now that you’ve seen it up close, you know it’s just as messy as everyone always said it was.”

  “So you saw all of this from the beginning?”

  “It’s certainly what we hoped for, yes.”

  “What happens to all the agents we’ve hired?”

  “When the project concludes, we’d like you to review their performance records and isolate the ones who’ve been most effective. We’ll probably keep the best of them on the payroll. Otherwise, remember that they were hired on a one-year contract with a sunset provision. You can give preference to the original members who were with you from the start.”

  “It sounds like there will be more projects in the pipeline.”

  “Of course. Sheldon and Richard are always thinking. Whether you choose to participate in the future is entirely up to you. But given the way you’ve performed here, I’m sure they’ll conclude you’re worthy of an ongoing investment.”

  “I guess my father was right. He used to tell me that life isn’t fair.”

  “We operate on the merit system. We believe that’s fair, and I’m sure you probably agree. Khaleem Atalas, of course, thinks that everyone is equal. And potentially, they are—but once you see what they do with that potential, I don’t believe you can turn back the clock.”

  “I’m sure you’re right.”

  “Welcome to the sausage factory, Mr. Marshall.”

  Chapter 45

  Although it should have gone down as the historic Christmas vacation that toppled a President, many in Washington remembered it as the holiday recess when everyone had to work. For the first time since taking office, Khaleem Atalas decided to forego his annual Caribbean retreat and remain in the nation’s capital. Many House members followed his example: some would be directly involved in the upcoming trial, while others simply wanted to keep their fingers in the air. On the Senate side, nearly ninety of the one hundred legislators stayed in the city—the only exceptions were Senators from Northeastern or Mid-Atlantic states who were less than a two-hour plane ride away, and they restricted their absence to a day on either side of Christmas.