Friday, December 13, 2019

The Articles of Impeachment Are Very Weak

The Articles of Impeachment Are Very Weak
Excerpt: The two impeachment articles were produced by the House Judiciary Committee, chaired by Jerry Nadler (D., N.Y.), cribbing from the report spearheaded by Intelligence Committee chairman Adam Schiff (D., Calif.). The abuse-of-power allegation is confined to the Ukraine episode, a kerfuffle that emerged three months ago and was promptly magnified into a scandal. The claim of obstruction relates to the president’s refusal to cooperate with the partisan impeachment inquiry, the outcome of which was foreordained even as Democrats refused for weeks to conduct a vote endorsing it — for fear of antagonizing voters, which, of course, would not be a fear if there were an obvious, egregious impeachable offense. It was the lack of an identifiable crime that settled Democrats on “abuse of power,” taking advantage of the fact that the Framers did not require a penal offense for impeachment . . . but ignoring the Framers’ caution against an ambiguous standard that would invite politicized impeachments based on trifling misconduct. [McCarthy cuts right through the fog and smoke to the heart of the matter. It’s worth pointing out that even if he’s correct–as I think he is–that doesn’t mean the House won’t still vote to Impeach. But, it does mean there is almost no likelihood of finding enough Republican votes in the Senate to convict. Ron P.]

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