To: James A. Shankland who wrote (222 ) 9/13/1998 6:30:00 PM From: dougjn Respond to of 567
An excellent and well written post. Which I largely agree with. One thing which makes these impeachment hearings in some ways much more difficult than the Watergate ones, is that the principal issues are probably ones of Constitutional judgement, rather than fact finding. In Watergate, certainly many of the accusations against Nixon were sufficiently grave that almost everyone agreed Nixon should be removed from office, if they were proven true. So the arguments, which initially did break down on quite partisan lines (although the governing rules adopted for conducting the inquiry were quite fair and bipartisan), had to do with whether the available evidence was sufficiently compelling. When the White House tapes and other evidence finally did emerge, none could doubt that Nixon had obstructed justice in multiple ways to cover up the efforts of subordinates to subvert the election, and illegally damage Nixon's enemies. At least. So his Republican supporters switched their views, and removal from office was inevitable. That is when Nixon resigned. Here it is true that if there is no strong evidence that Clinton committed any of the acts which Starr has called impeachable offenses, Clinton will be acquitted. But I think Starr does have quite strong evidence, though perhaps not an absolutely iron clad case, that Clinton committed perjury, even according to the definitions Clinton has said he was rightfully following. And I think it quite possible that that evidence will be regarded as persuasive by many Democrats as well. On the other charges, obstruction of justice, suborning perjury, misuse of office, the evidence is much weaker, and in some cases simply not sufficient to further consider. On the other hand, unlike in the Watergate case, proving the facts is not the only issue. It is by no means clear to all that these alleged offenses rise to an impeachable level. Does civil perjury, concerning only Clinton's consensual sex life, under the circumstances that it was elicited, rise to the level of an impeachable offence. I don't think so. Apparently a majority of the American people don't think so. Many Republicans apparently do think so. It is an issue of Constitutional and legal judgement, rather than fact finding. It is a judgment that for Congress and for many people, is very politically colored. Partisan warfare of an intense sort probably continues to lie ahead, and to continue to worsen. I'm afraid. Doug