OMG, They’re! Doing Impeachment Right!
House Democrats have released the text of their resolution codifying the Impeachment process against President Donald J. Trump, and after a generation of watching them botch easy political wins, I’m beside myself with joy. They may actually get this right! The Democrats — our Democrats — are, apparently, committing honest-to-God bare-knuckle politics here. Consider my flabber fully gasted and my gob stiffly smacked! Bravo, Democrats! Bravo! You seem to have finally learned that the point of modern democracy is not to win the favor of Sir John Sholto Douglas, 9th Marquess of Queensbury, but rather to grind your opponents into a fine and bloody milt. And to do so publicly. So lads and ladies of the House, well done! You are very demonstrably winning this fight.
The narrative the Dems have managed to shape, if we cede a Fox News bubble to the MAGA-heads, leaves roughly sixty-five percent of the population hearing one simple story over and over and over: The Republicans are arguing process, while the Democrats are winning on the facts. That is a very good place for Democrats to be and they should do all they can to keep the Republicans in that disadvantaged position.
For weeks now, the Democrats have been building a strong case against Trump, while the Republicans having throwing temper tantrums and pulling stunts. That stuff might sell with the diehards, but it is a sad fail for the rest of the country. Still, if you cut through the whining and the histrionics, what the Republicans have been demanding are three basic changes to the procedures. First, they’ve wanted a vote in the full House, claiming without merit that one is required to open an Impeachment Inquiry. Second, they have been demanding open hearings, although nearly fifty Republicans have had the right to attend all sessions of the inquiry thus far. Third, they wanted “due process rights” for the President’s team. What Speaker Pelosi just did with the resolution is to give them two-and-a-half largely meaningless wins.
First, they finally got their floor vote, which they lost badly.
Second, they now have a round of open hearings in the House Select Committee on Intelligence. This was a deft move by Pelosi, one that ices some of the President’s most ardent and vocal supporters, particularly Jordan and Gaetz who aren’t members of that specific committee. For the record, here’s the list of Republicans on House Intel:
Devin Nunes, California, Ranking Member
Mike Conaway, Texas
Mike Turner, Ohio
Brad Wenstrup, Ohio
Chris Stewart, Utah
Rick Crawford, Arkansas
Elise Stefanik, New York
Will Hurd, Texas
John Ratcliffe, Texas
Will Hurd, the Republican on that Committee with the biggest brain and the most reasonable perspective, is retiring, having determined that defending Trump in his heavily Latino swing district is just not feasible. For that, he is not considered a strong ally of the President and it is unclear if he’ll even play hard for the losing side. Nunes is probably the Republican’s strongest member on the Committee, but he’s a train wreck of insecurities and ineptitude. Recall, he’s the one fighting a lawsuit with a fake cow.
All in all, this is not the Republican A-Team, whereas the Dems go into this next phase of the inquiry with a veritable Murderers’ Row of political heavyweights. Here’s our lineup:
Adam Schiff, California, Chair
Jim Himes, Connecticut
Terri Sewell, Alabama
André Carson, Indiana
Jackie Speier, California
Mike Quigley, Illinois
Eric Swalwell, California
Joaquin Castro, Texas
Denny Heck, Washington
Sean Patrick Maloney, New York
Val Demings, Florida
Raja Krishnamoorthi, Illinois
Peter Welch, Vermont
Moreover, working in the Democrats favor, staff counsel will be deferred to for extended questioning. That always makes for better exposition of the facts. On top of that, staff counsel will question witnesses BEFORE the members get their standard five minutes, guaranteeing better television and more eyeballs glued to the screen. All in all, that is pretty much a perfect set up for the Dems. You never know how the politics of the moment will play in the end. The ball takes weird bounces all the time. But on paper, at least, we should slaughter the Republicans in both optics AND substance.
Third, the Republicans have been demanding due process for the President, which, in truth, they’ve always had. This is a rule-bound investigation, even if the procedures rankle conservative feathers. Still, specifically, the Republicans claim to want the right to cross-examine witnesses, call witnesses, issue subpoenas, etc. They want, in short, to be able to make the President’s case publicly. On that point, Pelosi gave them a very qualified win, and I love her for it. It shows that she finally understands the brutality of modern political bloodsports.
By the newly adopted rules, drafted in early September, the minority gets a limited version of all their requests. And they only get them in the Judiciary Committee, which will meet AFTER the Intel Committee establishes a long, grinding, and detailed paper trail of the President’s manifest High Crimes and Misdemeanors. When the process moves to the Judiciary Committee, the minority’s subpoena power will still need to run through the Chairman, and while I expect Jerry Nadler to be fair — in that way that your dad is fair by not always rejecting the ball when you’re five years old and shooting hoops in the backyard — this power will also allow him to prevent an off-the-wall, conspiracy-theory laden fishing expedition.
Finally, the due process procedures offered to the President and his counsel — the right to question witnesses, the right to attend all committee sessions, the right to submit evidence — are all subject to the President NOT further obstructing the Impeachment Inquiry. If he does, then the Chairman can suspend all those rights. That will drive the Republicans absolutely up a tree.
What this all means is that over the coming weeks the Democrats will, a) be able to continue their closed-door investigation wherein they will take depositions and further establish their case; b) they will also be able to begin the public humiliat . . . sorry . . . investigation of the President under highly favorable rules with a significantly more talented team of legislators than the Republicans can field; and c) they will also also be able to deflect attacks from the breathless opposition claiming that all of this is an unfair kangaroo court by pointing out that they gave the Republicans what they’ve been demanding all along. (While still snookering them behind the political eight ball.) Like I said at the top: It’s almost unbelievable, but the Democrats seem to actually be doing this right for a change.
Meanwhile, the bad news will keep pouring out of the White House. The public testimony, when it comes, is sure to drive the Tangerine Tyrant out of his tree and onto endless Twitter rants. The Fourth Estate will continue to get big scoops on Lord-knows-what future scandals are brewing in the bowels of the Administration, and Congressional Republicans will be left to wail and gnash their teeth that politics — like life — isn’t fair.
Again, I’m flabbergasted, gobsmacked, and bowled over onto my backside. The Democrats are actually doing this right.
Will miracles never cease?
