We deserve better than this.
Senator Lindsey Graham just announced that the Senate might change its rules to require Nancy Pelosi to submit the Articles of Impeachment to the Senate so that the Senate can have a trial (and McConnell now claims to have the votes to prohibit testimony and new evidence).
There are two problems with Senator Graham’s analysis.
First, the Constitution won’t allow it. Senator Graham apparently has not read Article 1, Section 2: “The House of Representatives… Shall have the sole power of impeachment.” And Article 1, Section 3: “The Senate shall have the sole power to try all impeachments.”
The House is the prosecutor and the Senate is the jury. So, until Nancy Pelosi decides to present the Articles of Impeachment to the Senate, the Senate can’t do anything but wait.
Second, the situation does not allow it. Every day new evidence comes out that has been withheld by the President and should have been part of the impeachment articles.
The House should reopen the impeachment hearings, subpoena the witnesses and documents, hold those that do not comply in contempt, and wait until they comply.
As I have written previously, the Speaker of the House in an impeachment proceeding has a duty to every citizen of the USA to ensure that the constitutional requirements of an impeachment trial will be carried out before she proceeds to the trial in the Senate. She is the lead prosecutor. That is her duty.
It would be a dereliction of that duty, a violation of the Constitution, and an acquiescence to obstruction of justice to proceed with a trial knowing that the defendant is withholding witnesses and documents, and that the jury has predetermined a verdict of acquittal before the trial begins.
She must wait for the federal courts to enforce the Constitution and order the witnesses appear and the documents be produce and are available for consideration at the trial before the Senate. She must not compromise . She must put the spotlight on the head-on collision between fascist partisan politics and the clear violation of our Constitution . The politicians are in control and we deserve better than this.
The senators will take their oath “of objectivity” and for many the hypocrisy quite possibly can’t be stopped. (It might be fun if the prosecution asks Chief Justice Roberts, the judge in this case, for the right to voir dire the jury to determine if there is pre-existing bias, which should require disqualification of senators who have publicly stated that they have made up their minds and are working for the defendant.) No matter what, however, Pelosi must wait for the federal court’s rulings requiring the testimony of witnesses and production of documents.
We can wait. Time is not the enemy of the country in all of this, but it is the enemy of an obstructionist defendant.
President Trump and Senator McConnell will show their hand if they lambast Pelosi for waiting for a court ruling, because they will show that the court and the delay is what they really fear.
They want to force a vote by a biased jury so they can declare victory in the President’s campaign. But if they are forced to wait, and they lose in the courts (as they will) before or even after the election, they will not be able to sweep their obstruction under the rug. It will be a historical record. It will be irrefutable.
Time is not the enemy! Given the time and a chance to talk together, more people will have a chance to understand and get it right. Nixon was elected by every state of the union except Massachusetts. Two years later, he resigned when it became clear he was about to be impeached by a bipartisan vote.
So, in fact, time and the Federal Courts are Pelosi’s ally. The more she waits out the storm and requires that the Constitution be respected, the more President Trump and Senator McConnell will be punished for their stonewalling and other violations when the courts rule against them.
Even though it is presently unsubstantiated, I fear that the President may attempt to use a foreign conflict to unify the country to avoid further focus on the impeachment. If that turns out to be true, that would be both frightening and further grounds for impeachment.
This must not be about election politics. It is about whether we can hold on to our Constitution and who we are as a country.
The question is: Does Pelosi have the guts to withstand the storm and represent all the people of the United States, not just the Democrats?
These are horrible times for all of us. The politicians must not control and divide us. We deserve all the facts and an unbiased jury. We are all Americans and a fair trial is the very heart of what keeps us free.
