The Mueller Report, in all its redacted glory, released on Thursday, has opened the “impeachment” debate once again.
When voters choose their elected representatives, for a 2-or 6-year term, we do it with the expectation they will go to Washington, D.C., take an oath of office to uphold the Constitution and then do that job REPRESENTING us in Washington.
If this is no longer the manner in which our representatives are wiling to do their duties delegated under the U.S. Constitution, either do not run for office, or let’s amend the Constitution to require national referendums on 1) Impeachment and 2) Supreme Court Justices EVERY TIME, rather than “wait” for an election months, or years, down the road for the “voters to decide.” If Congress wishes to abdicate its Constitutional duties to voters, then let’s make it official! Let’s make it a required vote by everyone – but let’s not wait until the subject of impeachment is able to denigrate the office he or she holds as much as possible before we do so. They do this in other countries. We could do this here, if we wanted to.
There is a significant divide (shocking!) between those who want the impeachment process to begin, those who counsel caution and patience (for what, I’m not sure) and those who remain silently complicit.
There are a number of arguments against Impeachment. Let’s look at some of the most prevalent ones:
1. The Time Honored “Slippery Slope” Argument: A History Lesson on the reality of that Slope.
This is an argument I have encountered since Trump took office. It’s a nuclear option. If we use it for this, what else will future Congresses use it for? I hate to break it to people: That ship has sailed. A LONG time ago.
Click here for a history of impeachments of federal officials, including federal judges in 2009 and 2010. Didn’t know that happened, did you? Me either. A review of this list shows 11 times out of 19 that impeachment resulted in resignation or removal from office. A review of history shows that partisan politics played a role in a number of these impeachments, and it could be said, none of the “high crimes and misdemeanors” creating the basis for these proceedings amount, in totality, to the extreme level of Trump and his administration.
Partisan politics has always played a role in impeachment, which is why we consider it a “political process.” Alexander Hamilton warned us of this in the Federalist Papers. However, it is the mechanism by which the Framers provided Congress to deal with removing a President from office. The 25th Amendment came later to add an additional layer of options to address circumstances such as incapacity and unfitness for office. I’m unclear what the line is at this point that would need to be crossed to fit any of the criteria in the Constitution because that ship, where Trump is concerned, has also sailed long ago. His unfitness for the office is obvious to most thinking people. The fact he has used his office for self-interest, power, and personal gain for him and his family is a giant neon sign. The fact he has failed to uphold his oath of office repeatedly is also a giant neon sign. The fact he is hiding LITERALLY everything from public view, and according to the Mueller Report, because he fears things will be perceived as crimes, (which means they are likely crimes), should give more people in his party pause than it does.
There is apparently no line he can cross, but for Bill Clinton, it was lying to Congress about an affair. Nixon had tapes. But Trump isn’t on tape (yet, that we know of), yet it’s clear as day that his conduct is significantly worse than anything Clinton or Nixon did.
We have to save our democracy. This isn’t about Democrats or Republicans. It’s about saving our democracy.
Nancy Pelosi in a conference call with House Democrats 4.22.19
2. It’s Divisive. There are ways to hold Trump accountable “outside Impeachment hearings.”
Impeachment is so divisive to the country that unless there’s something so compelling and overwhelming and bipartisan, I don’t think we should go down that path, because it divides the country. And he’s just not worth it.
Nancy Pelosi, March 11, 2019
Trump may not be worth it, but is our Democracy worth it? Is a functioning government worth it? Is ensuring Trump doesn’t continue to consolidate the powers of the government under the Executive Branch, a slow-walking coup to usurp powers from the co-equal branches of government, while the Republicans in the Senate stand by and watch.
The country has been divided pretty much since Obama took office – and before. It’s hard to pinpoint the exact moment we turned from “non-divisive” to “divisive.” To use this as an argument to NOT impeach a president who has burned down all norms of the Presidency, and made the United States a laughing stock around the world, reeks of excuse. The real reason is that division leads to difficult elections, and elections have consequences. Let’s roll the dice and gamble whether the government will continue to function if/when Donald Trump is re-elected in 2020, or if Nancy Pelosi will still be Speaker if she supports impeachment.
I’d prefer some confidence in knowing there will be future elections, and if that means suffering at the hands of a non-Pelosi-led House in 2020, I think I’m okay with that. This is not about winning elections. Impeachment may shift our already giant divide a bit further, but that’s a risk I’m willing to support. Unless you’ve been living under a rock, or proudly “not following politics,” you know it’s pretty damn bad. This argument is nothing more than leading from a place of fear. And if this is how our leaders are going to lead, I would rather they lose their elections.
Elizabeth Warren did an excellent job making the point on The Rachel Maddow Show on 4.19.2019 as to what is at stake, that this is not about Trump.
3. We need to wait for the Mueller Report/Smoking Gun/Mueller’s Testimony
Here’s how things have gone:
Congress: Let’s wait for the Mueller Report. I want to see what’s in it. Then we’ll figure out what to do.
[30 + people, including several closest to Trump are indicted. Mueller Report comes out.]
Congress: Now we need the full Mueller Report. Just to be sure that there’s more bad stuff under the redactions. There’s still no smoking gun. Also we need to have hearings.
[Full report comes out. Mueller Testifies. McGahn Testifies. Cohen already testified. Barr testifies again and lies. Books have been written with inside accounts on top of 2+ years of excellent journalism reporting on all the very bad things.]
Congress: It’s still not time. Let’s just wait for the voters. I don’t want to lose my seat no matter how many bad acts this president commits.
It’s exhausting. Stop trying to make those of us watching in horror feel like we are somehow overreacting by counseling there isn’t enough there. Maybe Congress is underreacting. Congress is gambling with their seats either way. The voters could turn against them for not taking action, just as much as they might for taking action. Some things are not about winning or keeping your power. Some things are greater than that. To put self-interest in winning an election above country is to put you on an equal plane with Trump. Enough.
4. The election is next year. Let the Voter’s Decide
The American people may well elect a President who decides to nominate Judge Garland for Senate consideration. The next president may also nominate someone very different. Either way, our view is this: Give the people a voice in the filling of this vacancy.
McConnell said in a Senate floor speech March 16, 2016.
Remember Merrick Garland? You know, the Supreme Court Justice Nominee from Obama who was never given a hearing by the Republican-led Senate, and now is the chief accomplishment Mitch McConnell is touting in his re-election campaign? McConnell is proudly telling his voters “I shirked my Constitutional duty to stick it to Obama and to do something to further my own political agenda.”
As discussed above, the duty to “advise and consent” on Supreme Court nominees is a required, delegated duty under the U.S. Constitution to members of the Senate. It does not include “unless there is an election coming up; then wait to see who the voters elect.” The Framers created the Supreme Court as an independent body to check Congress and the President, with the expectation, as part of that check, both of those other branches must be involved in the process. McConnell abdicated that duty and Democrats are STILL very very very mad about that today. And rightly so.
I have trouble seeing how this is different. The Constitution outlines a procedure for Impeachment, delegated to the House, the Senate and the Chief Justice of the Supreme Court when the President is the officer in question. It doesn’t state “unless an election is coming up.” So each Democrat who is angry about Merrick Garland but counseling “let the voters decide,” how are you any different from McConnell, and those who supported his inactions?
And speaking of slippery slopes, where does this “there’s an election coming up” end? First, with Garland, it is “Not during an election year.”
With Impeachment, it’s “there’s an election NEXT year (one year and 7 months away). What’s next? Where the next duty comes up that isn’t politically expedient to uphold “There’s an election coming up one day in the future”?
Where Things Are At:
Pelosi’s stance yesterday, on its face, seems logical and sensible. She is calling for hearings, now that we have the Mueller Report, and suggests there are ways to hold Trump accountable “outside impeachment hearings.” I have yet to hear her explain what ways those are.
We have a report that outlines abhorrent and unpresidential behavior. Next, we hold hearings and get Mueller, Barr, McGahn and whomever else in front of Congress to provide public testimony. Then what?
If Impeachment proceedings are not called for next, but accountability IS, there is no other mechanism to stop this madness beyond Impeachment or the 2020 election, both which are partisan and can be manipulated.
So what is this “other way” to hold him accountable? Censure him? Big deal. That is nothing more than symbolic and he blows it off as more of the witch hunt.
What impeachment proceedings do is force members of Congress to go on the record, particularly the Senate, to either state this conduct will not be tolerated, or profess publicly they do not care. Voting records have consequences.
Public opinion on Brett Kavanaugh shifted when he testified before the Senate PUBLICLY, and we all could see for ourselves the temperament of this man, and hear the evidence for ourselves.
If the concern right now is whether there is enough Republican support to pass articles of impeachment, and subsequently, remove Trump from office, should the evidence support it, a public hearing(s) from Mueller, Barr, McGahn, among others, could very well move the needle. It is less likely the public will read the 400-page report. If the public can hear for themselves from Mueller, this could drive public pressure on Congress. Congressional Republicans DO care about re-election. Power seems to be the one thing they care the most about. Threaten the ability to retain that power, and the next steps may become more likely.
My fear, and it is not baseless, is that once hearings are held and the Republicans on the respective committees cry “POLITICAL THEATER!” as they’ve done, Pelosi will say “it’s still not time” despite her calls to follow the facts and evidence.
It’s time. American voters voted in 2018 for representatives to hold Trump accountable. Part of holding him accountable means impeachment, if it is warranted, because that is what the Constitution calls for. So please. Do your jobs. And let the chips fall. Shit or get off the pot. The state of our union demands it.