In an appalling bit of Republican obstruction, Lindsey Graham (who at the moment remains the leader of the Senate Judiciary Committee) is refusing to set a date for the confirmation hearing for Merrick Garland, President Biden’s nominee for Attorney General. Graham’s action is transparently in retaliation for the impeachment of Donald Trump. Indeed, Graham himself connects the two in a statement he released, saying, in part, “government requires trade-offs.”
What can We The People do to try to fix what politicians have broken in our government and our country? This video discusses two of the Team Justice projects that are designed to encourage and inspire full citizen participation in all aspects of government.
One journalist remarked to me, “How in the world can these senators walk around here upright when they have no backbone?”
Not guilty. Not guilty.
In the United States Senate, like in many spheres of life, fear does the business.
Think back to the fall of 2002, just a few weeks before that year’s crucial midterm elections, when the Authorization for Use of Military Force Against Iraq was up for a vote. A year after the 9/11 attacks, hundreds of members of the House and the Senate were about to face the voters of a country still traumatized by terrorism.
Senator Patty Murray, a thoughtful Democrat from Washington State, still remembers “the fear that dominated the Senate leading up to the Iraq war.”
“You could feel it then,” she told me, “and you can feel that fear now” — chiefly among Senate Republicans.
For those of us who, from the start, questioned the wisdom of the Iraq war, our sense of isolation surely wasn’t much different from the loneliness felt in the 1950s by Senator Herbert Lehman of New York, who confronted Joe McCarthy’s demagogy only to be abandoned by so many of his colleagues. Nor was it so different from what Senator George McGovern must have felt when he announced his early opposition to the Vietnam War and was then labeled a traitor by many inside and outside of Congress.
History has indeed taught us that when it comes to the instincts that drive us, fear has no rival. As the lead House impeachment manager, Representative Adam Schiff, has noted, Robert Kennedy spoke of how “moral courage is a rarer commodity than bravery in battle.”
Playing on that fear, the Senate majority leader, Mitch McConnell, sought a quick impeachment trial for President Trump with as little attention to it as possible. Reporters, who usually roam the Capitol freely, have been cordoned off like cattle in select areas. Mr. McConnell ordered limited camera views in the Senate chamber so only presenters — not absent senators — could be spotted.
And barely a peep from Republican lawmakers.
One journalist remarked to me, “How in the world can these senators walk around here upright when they have no backbone?”
Fear has a way of bending us.
Late in the evening on day four of the trial I saw it, just 10 feet across the aisle from my seat at Desk 88, when Mr. Schiff told the Senate: “CBS News reported last night that a Trump confidant said that Republican senators were warned, ‘Vote against the president and your head will be on a pike.’” The response from Republicans was immediate and furious. Several groaned and protested and muttered, “Not true.” But pike or no pike, Mr. Schiff had clearly struck a nerve. (In the words of Lizzo: truth hurts.)
Of course, the Republican senators who have covered for Mr. Trump love what he delivers for them. But Vice President Mike Pence would give them the same judges, the same tax cuts, the same attacks on workers’ rights and the environment. So that’s not really the reason for their united chorus of “not guilty.”
For the stay-in-office-at-all-cost representatives and senators, fear is the motivator. They are afraid that Mr. Trump might give them a nickname like “Low Energy Jeb” and “Lyin’ Ted,” or that he might tweet about their disloyalty. Or — worst of all — that he might come to their state to campaign against them in the Republican primary. They worry:
“Will the hosts on Fox attack me?”
“Will the mouthpieces on talk radio go after me?”
“Will the Twitter trolls turn their followers against me?”
My colleagues know they all just might. There’s an old Russian proverb: The tallest blade of grass is the first cut by the scythe. In private, many of my colleagues agree that
- the president is reckless and unfit. They
- admit his lies. And they
- acknowledge what he did was wrong. They know
- this president has done things Richard Nixon never did. And they know that
- more damning evidence is likely to come out.
So watching the mental contortions they perform to justify their votes is painful to behold: They claim that calling witnesses would have meant a never-ending trial. They tell us they’ve made up their minds, so why would we need new evidence? They say to convict this president now would lead to the impeachment of every future president — as if every president will try to sell our national security to the highest bidder.
I have asked some of them, “If the Senate votes to acquit, what will you do to keep this president from getting worse?” Their responses have been shrugs and sheepish looks.
They stop short of explicitly saying that they are afraid. We all want to think that we always stand up for right and fight against wrong. But history does not look kindly on politicians who cannot fathom a fate worse than losing an upcoming election. They might claim fealty to their cause — those tax cuts — but often it’s a simple attachment to power that keeps them captured.
As Senator Murray said on the Senate floor in 2002, “We can act out of fear” or “we can stick to our principles.” Unfortunately, in this Senate, fear has had its way. In November, the American people will have theirs.
“The evidence of his impeachable behavior at this point, in my view, is overwhelming,” says Fox News analyst.
“The Democrats on the House Intelligence Committee have unearthed enough evidence, in my opinion, to justify about three or four articles of impeachment against the president,” Fox News analyst Andrew Napolitano tells Reason in a wide-ranging interview. The allegations are not “enough to convict [the president] of bribery” in a court of law, Napolitano says, “but it’s enough to allege it for the purpose of impeachment” since impeachment is “not legal [but] political.” The former New Jersey Superior Court judge adds that while he thinks impeachment is “absolutely constitutional,” it is also “probably morally unjust.” Besides bribery, he lays out four more likely articles that he thinks House Democrats will bring against Trump. “The second charge will be high crimes and misdemeanors, election law violation,” says Napolitano. “The third crime will be obstruction of justice. The fourth will be interference with a witness and the fifth may be lying under oath.” “The evidence of his impeachable behavior at this point, in my view, is overwhelming,” he adds. In two decades at the nation’s largest cable network, Napolitano has provided an unapologetically libertarian critique of state power regardless of the party holding control in the nation’s capital. In the past several months, he has emerged as one of Trump’s harshest critics, claiming back in May that the Mueller Report demonstrated that the president had clearly obstructed justice. Though he thinks the recent House hearings provide grounds for impeachment, the judge finds it unlikely that the Republican-controlled Senate will vote to remove the president—and that the bigger problem is the way federal government continues to arrogate power to itself. “No American president in the post–Woodrow Wilson era has stayed within the confines of the Constitution,” says Napolitano. “And each president has more authority than his predecessors, for the simple reason that Democratic Congresses give power to Democratic presidents and Republican Congresses give power to Republican presidents. That power stays in the presidency. So Donald Trump actually has more authority than Barack Obama did, who had more authority than George W. Bush did, etc.” Napolitano argues that the federal government stays in power by “bribing” states and individuals with giveaways. The result, he says, is unsustainable debt that will ultimately undermine the economy and with it, social order. “The decline of certain types of cultural gatekeepers that said no [to] certain lifestyles obviously is liberating,” notes Napolitano. “But the same technology which lets me put the works of Thomas Aquinas in my pocket also lets the government follow me wherever I go and record whatever conversation I have with Gillespie or whoever I’m talking to, the Constitution be damned.”
Stop distracting from the core issue, elite negligence and national decline.
Is it possible that more than 20 Republican senators will vote to convict Donald Trump of articles of impeachment? When you hang around Washington you get the sense that it could happen.
The evidence against Trump is overwhelming. This Ukraine quid pro quo wasn’t just a single reckless phone call. It was a multiprong several-month campaign to use the levers of American power to destroy a political rival.
Republican legislators are being bludgeoned with this truth in testimony after testimony. They know in their hearts that Trump is guilty of impeachable offenses. It’s evident in the way they stare glumly at their desks during hearings; the way they flee reporters seeking comment; the way they slag the White House off the record. It’ll be hard for them to vote to acquit if they can’t even come up with a non-ludicrous rationale.
And yet when you get outside Washington it’s hard to imagine more than one or two G.O.P. senators voting to convict.
In the first place, Democrats have not won widespread public support. Nancy Pelosi always said impeachment works only if there’s a bipartisan groundswell, and so far there is not. Trump’s job approval numbers have been largely unaffected by the impeachment inquiry. Support for impeachment breaks down on conventional pro-Trump/anti-Trump lines. Roughly 90 percent of Republican voters oppose it. Republican senators will never vote to convict in the face of that.
Second, Democrats have not won over the most important voters — moderates in swing states. A New York Times/Siena College survey of voters in Arizona, Florida, Michigan, North Carolina, Pennsylvania and Wisconsin found that just 43 percent want to impeach and remove Trump from office, while 53 percent do not. Pushing impeachment makes Democrats vulnerable in precisely the states they cannot afford to lose in 2020.
Third, there is little prospect these numbers will turn around, even after a series of high-profile hearings.
I’ve been traveling pretty constantly since this impeachment thing got going. I’ve been to a bunch of blue states and a bunch of red states (including Kansas, Missouri, North Carolina, Tennessee, Texas and Utah). In coastal blue states, impeachment comes up in conversation all the time. In red states, it never comes up; ask people in red states if they’ve been talking about it with their friends, they shrug and reply no, not really.
Prof. Paul Sracic of Youngstown State University in Ohio told Ken Stern from Vanity Fair that when he asked his class of 80 students if they’d heard any conversation about impeachment, only two said they had. When he asked if impeachment interested them, all 80 said it did not.
That’s exactly what I’ve found, too. For most, impeachment is not a priority. It’s a dull background noise — people in Washington and the national media doing the nonsense they always do. A pollster can ask Americans if they support impeachment, and some yes or no answer will be given, but the fundamental reality is that many Americans are indifferent.
Fourth, it’s a lot harder to do impeachment in an age of cynicism, exhaustion and distrust. During Watergate, voters trusted federal institutions and granted the impeachment process a measure of legitimacy. Today’s voters do not share that trust and will not regard an intra-Washington process as legitimate.
Many Americans don’t care about impeachment because they take it as a given that this is the kind of corruption that politicians of all stripes have been doing all along. Many don’t care because it looks like the same partisan warfare that’s been going on forever, just with a different name.
Fifth, it’s harder to do impeachment when politics is seen as an existential war for the future of the country. Many Republicans know Trump is guilty, but they can’t afford to hand power to Nancy Pelosi, Elizabeth Warren or Bernie Sanders.
Progressives, let me ask you a question: If Trump-style Republicans were trying to impeach a President Biden, Warren or Sanders, and there was evidence of guilt, would you vote to convict? Answer honestly.
I get that Democrats feel they have to proceed with impeachment to protect the Constitution and the rule of law. But there is little chance they will come close to ousting the president. So I hope they set a Thanksgiving deadline. Play the impeachment card through November, have the House vote and then move on to other things. The Senate can quickly dispose of the matter and Democratic candidates can make their best pitches for denying Trump re-election.
Elizabeth Bruenig of The Washington Post put her finger on something important in a recent essay on Trump’s evangelical voters: the assumption of decline. Many Trump voters take it as a matter of course that for the rest of their lives things are going to get worse for them — economically, spiritually, politically and culturally. They are not the only voters who think this way. Many young voters in their OK Boomer T-shirts feel exactly the same, except about climate change, employment prospects and debt.
This sense of elite negligence in the face of national decline is the core issue right now. Impeachment is a distraction from that. As quickly as possible, it’s time to move on.