Thoughts on the President’s Impeachment

The acquittal of the president in the Senate was obvious at least from the time that Senate majority leader Mitch McConnell said he had no interest in being neutral. All that was left was for the GOP to figure a way to acquit the president while still holding up a fig leaf to cover their obviously political decision.

The broken law argument

Even without paying attention to the proceedings in the Senate, a couple of interesting points filtered through. One is that GOP senators raised the bar on the political process of impeachment to require broken law(s). That is not required by the constitution, which is silent on the point. Of course, that requires them to ignore or downplay the fact that the GAO found the president did break a law in the course of attempting to extort Ukraine.

But on the point of lawbreaking, the president’s attorney argued that a broken law is nonetheless required to impeach. The broken law defense first surfaced in 1868, when a lawyer defending president Andrew Johnson argued the president could not be removed from office because he was not guilty of a crime. The current situation again proves that impeachment can be fundamentally political if the people in congress choose to make it political. In this case, the GOP is making it partisan political, nothing more. It’s leader and/or party before country for the modern GOP. That mindset is a key trait of authoritarian regimes throughout history.

Idle speculation

Although this is obvious, it bears mention: If the facts were all the same except that president was Hillary Clinton and the House was also controlled by the GOP, the GOP would be calling and voting for impeachment. Again, impeachment is political. An interesting question asks how many, if any, congressional democrats would vote to impeach a president Clinton under the otherwise same circumstances. I bet it would not be zero as it has been and probably will be with the GOP. But that is just idle speculation.

The heads on pikes comment

House impeachment manager Adam Schiff commented that GOP senators had to vote to acquit the president or their heads would be on a pike. That rings true of the modern authoritarian GOP. Discussions here have pointed out that the modern GOP leadership is rigidly intolerant of internal dissent. For GOP congress people, they either tow the line or they will be primaried by a well-funded opponent in the next election cycle. As we all know, re-election comes before country and that is a bipartisan moral value.

It may be the case that no one explicitly made the head on a pike threat. Schiff acknowledged that. Nonetheless, it is obvious the threat is there and real. Schiff just stated what everyone knows: tow the line or we’ll have your head on a pike. Schiff’s comment arguably was a tactical error because it enraged GOP senators. They want to maintain a facade of plausible independence. Regardless, it makes no difference what Schiff says or what the evidence against the president is. The GOP is authoritarian and it politicians will acquit the president mostly or due to authoritarian tribe loyalty, pure terror or some combination of the two.