Another rationale for impeachment
by digby
In my mind, the principle of the matter is the obvious reason to do it, but if you are weighing the politics of the matter, it’s hard to see how open handwringing about the politics of it will help your cause. The kind of cynicism that says you should let criminals get away with their crimes because it’s risky to try to stop them isn’t a compelling message. First of all, the risk is overstated and is based upon a willful misreading of the Clinton impeachment. The Republicans didn’t actually suffer for it and that was after they impeached an already popular president over a sexual matter. The public saw that for what it was. T
rump’s crimes are much, much more serious and a public airing of them is necessary to preserve the constitutional order. We’ve got a rogue political party openly saying “fuck it we’ll do whatever we want, even consort with our foreign adversaries, and there’s nothing you can do about it.” The Democrats simply can’t let this go.
Anyway, there does seem to be some movement among Democrats toward impeachment on a practical basis which is better than nothing:
Democrats know that impeachment is a losing proposition against President Donald Trump right now.
But there’s another rationale for launching impeachment that has some Democrats reconsidering the idea — getting access to the sensitive documents and testimony that Trump’s team is withholding.
Judges have repeatedly ruled that Congress has a greater claim to sensitive government documents and personal information when it can point to an ongoing legal matter, instead of just a congressional investigation or legislative debate. And impeachment would give lawmakers that legal matter — the process is essentially a court procedure run by Congress where the House brings charges and the Senate holds the trial.
The idea might seem toxic to House Democratic leaders who have so far resisted impeachment overtures against the president, aware that the politically explosive move wouldn’t get through the Republican-led Senate and could turn off voters ahead of the 2020 election.
But legal experts and lawmakers across the ideological spectrum acknowledge that formally unleashing impeachment would bolster Democrats’ arguments that they deserve to see the president’s tax returns, interview senior officials, peruse special counsel Robert Mueller’s trove of evidence and see the details of Trump’s personal dealings with foreign leaders. So far, the Trump administration has vociferously argued it doesn’t need to acquiesce to such demands, which it says are merely part of a political hit job. The president’s personal attorneys have even punched back with lawsuits in some cases.
“One could imagine that if this stonewalling of the American people continues, that that may be something the committee would have to consider,” said Rep. David Cicilline, a Rhode Island Democrat who sits on the House Judiciary Committee, which would lead impeachment proceedings.
“The Democrats’ hand would be strengthened if they were conducting a formal impeachment inquiry,” added Philip Lacovara, who served as counsel to the Watergate-era investigation of President Richard Nixon.
There is no time to waste. If Trump manages to stonewall until the first of the year, there’s no doubt in my mind that the Democrats will just fold up tent and say they have to get back to the kitchen table issues and leave it up to the public to sort this whole thing out on their own. In this messy information environment I don’t think that’s a very wise move.
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