FOCUS: Yes, Impeach - and Make Mitch McConnell Defend Acquittal




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08 September 19

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08 September 19
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FOCUS: Yes, Impeach - and Make Mitch McConnell Defend Acquittal
Mitch McConnell. (photo: M. Scott Mahaskey/POLITICO)
Jonathan Alter, The Daily Beast
Alter writes: "Judging from its disappearance from the headlines, impeaching President Trump seems like it will be consigned to the back burner when the House reconvenes next week. Not so."

EXCERPTS: 

...The party line is Democratic members will do their duty and look at the evidence, which Trump is fighting furiously in court to withhold. This argument is partly legit (it’s important to build a public case) but mostly window-dressing. House Speaker Nancy Pelosi and the moderates already know that the man obstructed justice, abuses power every day, and is clearly unfit for office.
Donald Trump Is Misogyny’s Poster Child
The Clinton trial took place in a Republican-controlled Senate and was presided over by Chief Justice William Rehnquist, who wore a special robe embroidered with ribbons he adopted from a Gilbert and Sullivan opera. The prosecutors in the case were 12 “House Managers” (including then-Rep. Lindsey Graham); the defense was handled by Clinton’s private lawyers—including a brilliant, wheelchair-bound litigator named Charles Ruff—and one Democratic senator, Dale Bumpers.
Because the evidence of perjury and obstruction of justice contained sexual material, much of it was heard behind closed doors and all three witnesses to the possible obstruction of justice—Monica Lewinsky, Vernon Jordan, and Sidney Blumenthal— appeared only on videotape. With 67 votes required for conviction, Clinton’s acquittal was—like Trump’s—a foregone conclusion.
But Clinton’s impeachment, while unpopular at the time, was nonetheless a humiliating blow. The next election after the whole process was completed was not the 1998 midterms—won by Democrats before Senate acquittal—but the 2000 presidential election, which George W. Bush (barely) won over Clinton’s vice-president, Al Gore, in part by promising to “restore honor and dignity to the Oval Office.” The argument worked, even though Clinton wasn’t on the ballot. In 2020, after impeaching Trump, it would work much better. Without impeaching him, it has no sting.
This time, the trial in the well of the Senate would be presided over by Chief Justice John Roberts, who, like Rehnquist, would run it like a quasi-trial, with evidence, witnesses (who would likely appear in person) and summations. Nadler and others from the House Judiciary Committee would serve as prosecutors. Trump would have private lawyers defending him. The senators would be the jury.
It would be Roberts’ job to make sure the rules are followed, which means the prosecution and defense must stick to the indictment—the articles of impeachment approved by the House. McConnell would not have the 60 votes needed to change those rules or dismiss the motion to consider the articles.











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