On Impeachment.
The founder's feared the use of impeachment for purely political purposes...which is exactly what we see.
Even within that abuse of power, though, accepting that it is a wrong... it is a fact that wrong is being imposed... and there's still the fact a political game is being played, and, thus far, McConnell is losing...
The PURPOSE of Pelosi and Schumer's tactics appears it has eluded the Republican's thus far... which still has them playing into the political antics, which are poised to make them (R's) look foolish... by exploiting the divisions between the serious and the frivolous, the political and the Constitutional, as Pelosi and the Democrat controlled House continue to debase the Constitution.
So, the point... is that they've tried to "impeach" Trump... and then suspended the game, freezing the clock... trying to freeze the status quo... until a better circumstance might be engineered for them...
Freezing play... calling a time out... while the other side mills about cluelessly ?
They seek to re-define the structure and the conduct of the debate... on their terms... in the time and place of their choosing... including in the effort to co-opt Republican's control of the Senate...
It is an advantage, for them, to assert that control... that enables ongoing control over the political narrative (at least in their communication to their constituents) as well as other benefits derived from that control.
Corrections need to occur to deny that use... and punish that abuse...
The Republican confusion... the navel gazing in response... includes simply accepting the shifting of the debate away from the House... where sustaining that debate, while requiring future votes, would likely prove devastating to Democrats future electoral opportunities. By suspending play... they hope to control timing in the Senate... to deflect from the electoral risks in the House... obviating the impacts of the votes there... by shifting the focus of the conflict to engagement in a new venue.
One easy answer... will be for the Senate to change their rules defining how and when they will be open to accepting the articles... specifically to ensure the founders concerns with preventing politicization are met... with proper efforts to minimize abuses and hold abusers to account.
Pass a rule stating the House has 24 hours to deliver articles to the Senate... or they are voided in the Senate's concern, are made impotent, and rendered moot... cease to exist, and cease to have ever existed... and thus are defined in law as "not an impeachment".
Return the issue to the House as incomplete, expired and nullified in the Senate in perpetuity... not as returned for corrective actions to be applied to the prior act, but requiring "starting over"... with that prior product NOT to be taken up by the Senate, ever. No action should proceed without a subsequent House vote to pass new articles... in a subsequent Congress. Otherwise, each Congress is given the power to abuse the Constitution and politicize impeachment... control the clock... and hold the entire government hostage... as Pelosi is trying to do. So, one strike and you're out... a proper corrective applied to account for the rights of the accused in relation to double jeopardy... and the rights of the people in relation to representation having political accountability.
Pass it in three parts... one wholly future focused... a second an ex post facto law... egregious enough in its impositions of penalties (say, jail time for Pelosi's abuse of the Constitution should any articles pass and not be forwarded in the time alloted). Include provisions (a poison pill... eliminating frivolous political abuses... also requires ensuring that cannot and will not be abused as a means of suspending a Congress to force an election... ) for the suspension of all other business with the House for the remainder of the current Congress... unless and until the articles are timely delivered. (That should result in the suspension of the current Congress, the end of its term, and a new election being held before any other business may proceed... essentially, requiring the failure of the House results in impeachment of the House.) The speaker should be held in jail for contempt of the Constitution and the Senate until there is compliance... whatever... something onerous enough that it requires it will be litigated.
That will obviate the current abuses... and drive a proper debate about impeachment... perhaps leading to a restoration of the ONLY "living document" aspect that is built into the Constitution... which enables change that occurs through the amendment process... and no other process.
Trump... probably the least impeachable President in history... having to deal with the politics of Constitutional abuses in the "impeachment" scam we see being prosecuted... seems it does require that we revisit the issue while properly addressing changes that will impose limits... and consequences for abuses.
A third element... should define what an "impeachment"... one that enables the Senate in accepting delivery of the articles (and thus avoiding the imposition of the above in consequence of failure)... looks like: It must define "impeachment" as a process in which strict adherence to Constitutional principles applies... so that no accused is ever denied ANY rights... and so that no political minority is denied rights of participation...
Strongly consider requiring all future impeachments will be depoliticized... returned to focus on high crimes (treason... similar actions taken against the whole of the national interest)... by requiring the House processes are defined... including by selecting the officers (not the Speaker or committee chairs) who will direct and control the impeachment process... by lot. As the SCOTUS has a defined role in the Senate... depoliticize impeachment as a "Grand Jury" function by requiring the Atty General will work for the officers while acting as the prosecutor. Readdress the immunities to clearly prevent states from seeking to criminalize participation through corrupt local prosecutions.
The Senate has sole right to try impeachments... the first element of which is defining whether what is presented to them even qualifies as "an impeachment" under the Constitution... as fully compliant with it.
"Trying" the "impeachment"... first requires "trying the impeachment"... to ensure the process is valid and not some rogue political process usurping Constitutional luster to mask its nature. |
