December 27, 2019
AND THE WALLS COME TUMBLIN' DOWN:
Four Tests for Impeachment (RAMESH PONNURU, December 19, 2019, National Review)
When the House Judiciary Committee held a hearing on the scope of the impeachment power, the Republicans called George Washington University law professor Jonathan Turley as their only witness. Even Turley conceded that the "use of military aid for a quid pro quo to investigate one's political opponent, if proven, can be an impeachable offense." He opposes impeachment because he believes the standard of proof should be high (an unexplained departure from his previously stated views) and has not been met.He argued, additionally, that impeachments have greater legitimacy if at least partly based on a statutory crime. That claim might be correct in our legalistic political culture. It is related to the argument that abuse of power is too subjective a standard for removing a president. There is no getting around the fact that applying the impeachment power requires members of Congress to make a judgment, not merely a set of deductions.The impeachment-and-removal power itself can be abused. We have protections against its abuse -- including the consciences of congressmen, their election by voters, and the requirement of a House majority and a large Senate supermajority to use the power -- but they are not and cannot be airtight.Which brings us to the final wall. The strongest arguments against removing Trump fall under the heading of prudence. They hold that while he abused his power, it would be better to let voters judge that abuse in the upcoming election than for Congress to remove him; that his removal would be bitterly divisive; that it would set a dangerous precedent, encouraging Congress to strike against presidents over trivial disagreements. Like a nuclear weapon, in short, impeachment should be deployed extremely sparingly if at all.The analogy is common but inapt. It is a nuclear weapon that replaces the president with his own handpicked ally, making it less potentially devastating in that respect than a general election. It also can't be deployed unless the public has a much larger level of support for it than it has mustered for any presidential candidate in decades. Only once in U.S. history has a president left office because Congress was going to remove him. The possibility of impeachment is a weak check on the presidency and cannot be made into a strong one.It might be possible to regard Trump's Ukraine misadventure as a lapse of judgment, with little harm done, if he showed any repentance or even understanding of what he has done wrong. Instead it looks more like a window into tendencies of his that are incompatible with performing the functions of his office.160Whether Trump should be removed from office over the objections of nearly half the country is not an important question. He can't be. There are better questions. Would it be good for the country if a large majority of Americans were to be persuaded that it is unacceptable for a president to use his office to encourage foreign governments to investigate his political opponents? Assuming that the necessary level of support to remove a president from office for that offense will not be reached, should we prefer that more elected officials go on record that it is unacceptable -- or that fewer do?If you have read this far, you know my answer to these questions. The Constitution provides for impeachment and removal to protect us from officials, including presidents, who are unable or unwilling to distinguish between the common good that government is supposed to serve and their own narrow interests. Though he has done some good things in office, Trump is just such a president. Congress should act accordingly.
Posted by Orrin Judd at December 27, 2019 8:45 AM
