April 23, 2019--Impeachment

And now the I-word.

It is clear from his report that Robert Mueller did not feel comfortable indicting Trump for obstruction of justice though the case for it in the report is much stronger than the uncertainty about its appropriateness or legality.

There is that Justice Department policy that states that sitting presidents cannot be indicted. It is a policy, not a law passed by Congress and upheld by the Supreme Count, a "policy," never challenged in any court. And not an ancient one at that. 

It does not go back to the Founders but rather was written in just 2000 at the end of the Clinton administration. After Watergate and the impeachment of Bill Clinton. After decades of special prosecutors.

In his peport Mueller presents an overwhelming case for obstruction of justice but punts what should be done about the evidence to Congress. In the initial instance to the House of Representatives which has the constitutional authority to initiate impeachments.

It should thus be clear, again from Mueller's mountain of evidence, that the House Judiciary Committee should get right to it.

But then there is politics.

It is evident that Nancy Pelosi is not enthusiastic about the prospect of Democrats taking responsibility for the process. 

She has laid out a number of thresholds that need to be crossed before she would allow that to happen. The one that is an easy deal-breaker is that impeachment hearings should not commence until the prospect for articles of impeachment are bipartisan. This means the Democrats should not move ahead until there is Republican support.

The likelihood of that, as my Aunt Madeline would say, is "zero, less than zero."

Unspoken but evident is the historical evidence that the Republicans, who controlled both the House and Senate in 1998 and moved aggressively to impeach Bill Clinton, lost seats in both and also the speakership when Newt Gingrich, who was held responsible for the debacle, was unceremoniously dumped. 

It is agreed that by taking a partisan approach to impeaching Clinton, Republicans paid a huge price. Pelosi wants to avoid a similar circumstance.

During the impeachment debate and subsequent trial in the Senate Clinton's popularity soared 10 percentage points. He was already quite popular but still his favorability numbers rose to about 70 percent. 

So Speaker Pelosi and the House senior leadership, including Congressman Jerry Nadler, chair of the House Judiciary Committee, are nervous about moving toward impeachment, fearing that Trump will see a similar bump up in popularity. His people and others will see this as an effort to overthrow the results of the 2016 presidential election and thus Democratic overreach.

To me, though, this is not a sufficient reason to avoid the issue of impeachment.

First, Trump is no Clinton. A majority of voters liked Clinton but fewer than 30 percent feel the same way about Trump. A poll from Monday morning showed Trump's approval numbers falling six points, down to 37 percent after the release of the Mueller report.

Then, though the economy is currently doing well for the top 10 percent, a large majority are not feeling as positively about their well being as they did in Clinton's day where not only were many millions of jobs created but the federal budget deficit was wiped out. In fact, there were annual surpluses.

Yet the concern about losing congressional seats is at the heart of the Democrats' political fears.

Then there are the profiles-in-courage constitutional reasons why it may be important to move to impeach Trump.

Our constitutional system is one where checks and balances define what is unique about our democracy. They are designed to check and balance any attempt by any of the three separate branches of our government to overwhelm and dominate the others.

Our system is designed to limit the power of Congress, the courts, and most potentially concerning the administration, the presidency.

We fought the Revolution to overthrow tyranny and wrote a constitution to marshal forces against that ever happening in the United States of America.

To impeach Trump would be a reminder about what ur Founders intended and what makes us special and kept us strong.

The Mueller report exposes Trump's disregard for constitutional government. It calls for the preeminent branch, Congress, to confront this. It reminds us that ours is a "constitutional system of checks and balances and the principal that no person is about the law." Including, especially, not the president.

I therefore say impeachment must be on the table.