Calling on Republican Senators

As I write this, the US presidential race has not yet been called, although it is likely to be called later this weekend for Joe Biden. This would mean that Kamala Harris, as vice president, would preside over the Senate, with the power to break tied votes.

We also don’t know what the final make-up of the Senate will be and we won’t know until January as the state of Georgia, in a highly unusual circumstance, will have run-off elections for both of their Senate seats in January.

Regardless of the final composition of the Senate in 2021, I am making a plea to those Republican senators who actually want to help craft legislation and govern the country rather than engage in obstruction under the leadership of Sen. Mitch McConnell.

I think that those senators should form their own caucus. Their first act would be to vote for Sen. Chuck Schumer as majority leader, so that House-passed legislation would actually be considered in the Senate rather than gathering dust on McConnell’s desk as it has been.

They would then meet with the Democratic caucus on a regular basis to offer their ideas for advancing bipartisan solutions to the nation’s problems, which could then be enacted and signed into law. I’m sure that the Democrats would gladly agree to this solution to the Senate gridlock that has prevailed for years.

In my mind, some senators who might consider such an initiative are Sen. Romney of Utah, Sen. Collins of Maine, Sen. Murkowski of Alaska, and Sen. Toomey of Pennsylvania. Perhaps Sen. Sasse of Nebraska. They would not necessarily have to leave the Republican party to become independents, although some with strong support in their home states might be able to do that, thus obviating the threat of a primary challenger.

A lot would depend on what becomes of the Republican party without Trump as president. Will it attempt to revert to being a traditional conservative party or continue in the rather haphazard counter-factual populism it has exhibited in recent years? Would even the willingness to engage in bipartisanship be enough for the Republican leadership to kick out any senators who dared to attempt it?

In the House, the Democrats will still hold a small majority, but there might be some Republicans willing to form a similar caucus to help craft and advance bipartisan legislation.

Joe Biden has a long history of bipartisan cooperation as a senator and as vice president and has been speaking for months about restoring unity to our deeply fractured country.

Republican members of Congress, how do you respond to this call? You swear an oath to the Constitution which proclaims that our government is to “form a more perfect union” and to “promote the general welfare”.

Are you willing to act for the good of all people or only that segment that voted for you?

Update: A few minutes after I posted this, Joe Biden was projected the winner and is now President-elect. This will mean Vice-President Kamala Harris will preside over the Senate and have the power to break tie votes.

JC’s Confessions #16

In the first few seasons of The Late Show, Stephen Colbert did a recurring skit, now a best-selling book, called Midnight Confessions, in which he “confesses” to his audience with the disclaimer that he isn’t sure these things are really sins but that he does “feel bad about them.” While Stephen and his writers are famously funny, I am not, so my JC’s Confessions will be somewhat more serious reflections, but they will be things that I feel bad about. Stephen’s audience always forgives him at the end of the segment; I’m not expecting that – and these aren’t really sins – but comments are always welcome.

JC

I should be watching the Senate Judiciary committee’s hearings on the nomination of Amy Coney Barrett to the United States Supreme Court right now.

I can’t bring myself to do it.

There are a lot of reasons.

First, it renews my sorrow at the loss of Ruth Bader Ginsburg.

Second, it is difficult to cope with the nomination going forward under the current circumstances. There is the proximity to the election with voters already casting their ballots and the hypocrisy of the Republicans in moving forward with the confirmation process when they would not allow a hearing for President Obama’s nominee in 2016 many months before the election. There is also the fact that the Senate is not in session due to several senators being COVID positive; if it isn’t safe to be in session, in-person hearings should not be held, either.

Third, I’m leery of how the subject of religion will be handled. Like me, Judge Barrett is Roman Catholic, as are five current members of the Supreme Court with a sixth having been raised Catholic. In a country that is predominantly Protestant, it seems odd to have so many Catholics on the Court. I realize that justices make determinations on the basis of the law, but there are times that some of the arguments made in cases cross into religious belief and the Catholic hierarchy sometimes makes arguments that are factually incorrect. For example, some recent cases have upheld employers’ refusal to offer birth control in the medical insurance of women employees on the grounds that birth control is abortifacient, which, while taught by the Catholic bishops, is not medically true. Likewise, you see arguments that same-sex marriage is an assault on religious freedom even though it is a civil law; while some religions choose to offer ceremonies for same-sex couples, no religion is compelled to do so.

Fourth, I remain suspicious of the originalist/textualist bent that Judge Barrett exhibits. That judicial philosophy fails to account for how the meaning of words changes over time. In my view, one of the strengths of our Constitution and laws is that it can be interpreted in the light of new circumstances. Let’s face facts: many of the men who wrote the Constitution were slaveholders who never envisaged that one day Blacks, women, and people who don’t own property would be voters. Many modern issues could not have been imagined by people in the 18th century.

However, some issues that were clearly spelled out in the legal writings of the 18th century are ignored by originalists when it suits them. For example, the second amendment very clearly places the right to bear arms in the context of a “well-regulated militia” but originalists often ignore that part of the text and original intent. It’s also very clear that the Founders understood that corporations are not people; a future Supreme Court may someday strike down the Citizens United ruling on that basis.

I don’t know what will happen with this nomination or with the Court in the coming years, but, right now, I can’t bear to watch.

DT and COVID

As I’m sure the whole world knows, the president of the United States is hospitalized with COVID-19. It’s been a bit difficult to get the straight facts on his condition, but it is increasingly looking like his case is on the more severe side.

He does have multiple risk factors, including his age, gender, and weight. He is being treated aggressively by his medical team, including with an experimental antibody treatment and with remdesivir. These are both given early in the course of the disease to help the body fend off the virus.

Today, though, it was revealed that the president is being given the steroid dexamethasone, which is usually given only to more severe cases later in the disease course, when there are significant lung complications and/or the need for a ventilator.

The medical team is even talking about the possibility of discharging him back to the White House, which does have its own sophisticated medical unit, tomorrow.

This doesn’t seem to add up. If his condition warrants dexamethasone, it would seem best to keep him in the hospital for close observation.

Another concern is that days seven through ten of COVID often see an exacerbation of symptoms. The president is only on day four. It seems it would be much safer to keep him in the hospital. It’s not as though he is cramped for space or lacking amenities in the presidential suite at Walter Reed; besides medical care, it also has its own secure conference room and kitchen/dining space.

I also wish that the president would temporarily sign over powers to Vice-president Pence in accordance with Article 25 of the Constitution. We know that the president has suffered with a high fever and times when his blood oxygen level has dropped below normal. COVID is nothing if not unpredictable. Foreign powers could take a provocative action, surmising that the president would not be well enough to respond appropriately. I think it would be safer for the country to have the vice-president, as long as he remains well, exercise the presidential powers until the president is fully recovered. Pence can always confer with president when his symptoms are well-controlled, but he would have the power to respond on his own if the president were to be unwell when a crisis arose.

The president and First Lady’s illness with COVID would be problematic enough, but a number of senators and other government and campaign staff and advisors have also been infected or exposed. Because the incubation period can extend to fourteen days, there are many people who should be in quarantine to make sure they don’t expose others while pre-symptomatic or asymptomatic. Somehow, despite the seriousness of the situation, Sen. Mitch McConnell plans to push ahead with the confirmation hearing of Amy Coney Barrett to the Supreme Court. He considers that worth the risk, while he won’t put the latest House-passed coronavirus relief package up for a vote.

Voters, pay attention to how candidates on your ballot are handling this health and governmental crisis. Are they prioritizing your and the country’s health and well-being or their own power?

SoCS: mail

One of the big news stories in the United States this week has been changes in the postal service.

Let’s start with the cons.

The postmaster general, a recent Trump appointee who is a major Trump donor and who has no experience with the postal service other than owning stock in USPS competitors and contractors, has implemented allegedly cost-cutting measures, among them removal of large sorting machines that are especially useful for large mailings, removal of postal boxes where folks can mail envelopes and small packages without having to go to the post office, sending letter carriers out on their routes even when the mail has not all been sorted so that mail is getting left behind, and not allowing letter carriers to go back out on a second pass.

This results in mail delivery being delayed, which is annoying for senders and recipients. Sometimes, it is even dangerous as many seniors, veterans, and just members of the general public receive medications through the mail. It’s also difficult for the many, many businesses and consumers who are using delivery of goods rather than shopping in-person. It affects even businesses that use private carriers like United Parcel because many of them use the USPS as a so-called “last mile” service, delivering the packages to the local post office rather than to the door of the final recipient.

The postal service also informed at least 46 states and the District of Columbia that it might not be able to delivery ballots for the November election in a timely way, risking the integrity of accurate counting of votes.

The removal of postal boxes makes it difficult for people to get mail sent, especially if they can’t get mail picked up from their home and don’t live within walking distance of their post office.

Removing equipment is causing delays in delivery. While the changes were supposed to result in cuts to overtime, in many places the changes have resulted in increased overtime because things are not able to be done in the most efficient way.

I can’t come up with a single “pro” for the public, who overwhelmingly approve of the USPS, which is unusual for any part of the government. The postal service is as old as the country and is established in the Constitution itself!

The president in an interview this week described/admitted to a “pro” for him – that the election in November that is anticipated to involve lots of voting by mail due to the pandemic making in-person voting more risky will not be able to move forward effectively. The president opposes increased funding for the postal service which is included in the HEROES Act that has passed the House but is not being considered in the Senate, which is now on break through Labor Day in September.

The general public and some members of Congress are pushing back. Yesterday, the USPS postmaster general halted the removal of mail collection boxes until after the election. This is a start, but much more needs to be done to reverse the other changes and to make sure that all ballots (and other mail) gets delivered in a timely way.

The sad and infuriating thing is that the president himself revealed that the whole thing is a con.

Which many of us suspected.

You’re also not a very good con man if you give the con away.

*****
Linda’s prompt for Stream of Consciousness Saturday this week is “pro/con.” Join us! Find out how here: https://lindaghill.com/2020/08/14/the-friday-reminder-and-prompt-for-socs-aug-15-2020/

2019-2020 SoCS Badge by Shelley!

federal force

Here in the United States, we are facing such a crush of problems that it is hard to give each the attention it deserves.

I do want to highlight one especially dangerous and disturbing action by the president. He is deploying federal employees into US cities to act as law enforcement without the permission of the mayors and governors who have legal jurisdiction. By law, policing is a matter for local and state governments. The National Guard, which is a branch of the US Military though its roots go all the way back to 1660’s Massachusetts militias, is sometimes mobilized to deal with a disaster or civil unrest, but it is the governor of the state who usually orders it, not the president. As I have discussed before, the president can use the Insurrection Act to use federal forces over the objections of governors, but there is no basis to declare that an insurrection is underway.

Federal forces have been deployed to Portland, Oregon, ostensibly to protect federal buildings. Disturbingly, these federal officers have been on the streets without wearing insignia identifying them and have detained people who are not causing harm. They have also teargassed peaceful protestors. According to local officials, the presence of these federal forces has worsened the situation, not calmed it. The president is also sending or planning to send federal agents to other US cities.

While the president says he needs to establish “law and order” in these Democrat-led cities, the real motivation may be to project a “tough guy” image to shore up his base of supporters. His poll numbers have been dropping, even in states where he won by large margins in 2016.

I think it is possible that some of the president’s supporters are disturbed that he is using federal forces within US cities. The tenth amendment to the Constitution recognizes policing as a state function; many Trump supporters are not fans of the federal government and prefer state/local control as much as possible. Some would rather not have government involved in their lives at all.

There are already inspectors general investigations into the use of federal forces in Washington, DC and Portland. If there are deployments in other cities, there will surely be court cases brought, as well.

Meanwhile, voters need to remember that unidentified, armed federal personnel do not belong on the streets in US cities and towns. It’s the kind of authoritarian tactic that the United States has often decried in other countries.

Where am I?

Yesterday, June 1, 2020, was one of the darkest and most frightening days of my almost sixty years as a citizen of the United States.

President Trump is pressuring governors to use the US military against protesters in their states and is threatening to use the military, beyond the National Guard which is under the jurisdiction of each governor, within the states if the governors refuse. To do this, he would have to invoke the Insurrection Act, which, in the rare instances in which it has been used, has only been applied to a small, specific area for particular isolated incident. If the president tries to invoke this act across different states and regions, is he surmising that a widespread insurrection is underway? The Cambridge Dictionary defines insurrection as “an organized attempt by a group of people to defeat their government and take control of their country, usually by violence.” This is not at all what is happening. Even if you add civil unrest as a possible cause, the vast majority of the country is seeing non-violent protests, which are within our rights to free speech and assembly. The limited amount of violence and destruction/theft of property are matters for local law enforcement, sometimes aided by the state’s National Guard, if the governor sees fit to use them.

The president seems to think that his bravado makes him look strong, but the opposite is true. His resorting to such threats shows how weak he is as a leader that he cannot talk to the nation to calm the situation and take effective action to address the injustices that have so many millions across the country taking to the streets.

The most horrifying part of yesterday was that the area near the White House was cleared of protesters so that the president could go to a nearby church for a photo op. These protesters were non-violent and the curfew had not yet taken effect when they were attacked with teargas, concussion grenades, rubber bullets, and physical violence. Clergy and volunteers who had been offering water, snacks, and assistance to the protesters throughout the day were also driven from the area.

These actions ordered by the president violated the free speech and freedom of assembly rights from our Constitution, as well as interfering with the religious expression of those who were there to serve others to fulfill the calling of their faith. The president also did not inform the clergy of St. John’s or the Episcopal Bishop Mariann Budde that he would be clearing the church grounds and using their sacred space for a photo op. Rev. Budde and other Christian faith leaders have objected to the president’s actions and rhetoric, pointing out that he is espousing views antithetically opposed to the tenets of Christianity.

Donald Trump has no moral authority whatsoever. He says that he wants “law and order” while himself violating the Constitution that he has sworn to uphold.

I am afraid of what will come next. I don’t have a vivid enough imagination to envision what will happen beyond the pandemic, injustice, and widespread suffering we have all around us.

We need competent and compassionate national leadership as soon as possible. There are millions of us all over the country ready to embark on the gargantuan task of building back a country worthy of our highest ideals of equality, unity, peace, and community.

fears realized

Like me, many people feared the president’s reaction to the impeachment trial vote to leave him in office.

We were not wrong to be apprehensive.

The president has removed numerous people from their posts because they dared to do their duty and tell the truth. I can barely believe that he dismissed the Director of National Intelligence because a member of his staff briefed the House Intelligence committee on Russian interference with the 2020 election. These briefings are required, not optional.

Worse, the president is denying that Russia is interfering in this election and that they interfered in the 2016 election. The 2016 election interference is well-documented and resulted in indictments of over a dozen Russian GRU officers. The conclusion on Russian meddling in 2016 is supported by all the US intelligence agencies, the Democratic-led House Intelligence committee, the Republican-led Senate Intelligence committee, the first volume of the Mueller report, and the Mueller grand jury that handed down the indictments. We ought to have been preparing since 2016 to better secure our campaigning and election security, but the denial by the administration has kept Congress from passing needed legislation.

It’s terrifying.

The new acting Director of National Intelligence has no intelligence experience and is keeping his current job as ambassador to Germany. Meanwhile, the president has assigned his former bodyman to clear out appointees in various departments and agencies who he feels are not sufficiently loyal to him.

Civil servants and elected officials do not swear an oath to obey the president. They swear to uphold the Constitution and the laws of the United States.

Of all people, the Attorney General should know this, but he has been undermining the work of his own department.

There are many people of good will and good morals who are trying very hard to ensure that the election is fair and that our government returns to respecting the rule of law and human rights. I hope we succeed, but, until it happens, I will be very afraid.

 

 

Failing the Constitution

I woke up this morning thinking about the United States Constitution, specifically about the Preamble, which I can recite from memory. (Thanks, Schoolhouse Rock.)

The Preamble sets out the goals of our democratic republic. It famously begins, We the People of the United States. This means everyone is part of this enterprise, regardless of age, gender, race, ethnicity, religion, or political views. It was part of the wisdom of the Founders to frame this document in such an expansive way, even though, at the time, only free men, who were overwhelmingly white, could vote. Much of the history of the United States has been about expanding our understanding of who “we the people” are, a process that continues to this day.

in Order to form a more perfect Union – We the People are, at this moment, moving away from a more perfect Union. I take this Constitutional call seriously and am sad and frightened about the current state of affairs, which is causing so many divides in our country. There are millions of people who are embroiled in an “us versus them” mentality over religion, political party, race. gender, ethnicity, and/or viewpoint on a particular issue. There are millions of people who can’t have a civil discussion of an issue without petty name-calling and dismissiveness of the other’s viewpoint. That moves us away from “a more perfect Union”.

establish Justice – Our Constitution creates an entire co-equal branch dedicated to this goal. Sadly, the independence of the judiciary is under threat, most obviously this week by the executive branch interfering in the sentencing of a friend of the president’s who was tried and found guilty by a jury on all seven counts with which he was charged. The Attorney General, who is appointed by the president and confirmed by the Senate, is supposed to be the chief law officer for We the People; as such, most attornies-general have observed independence from the executive branch. AG Barr is not doing that. Chillingly, he has also ordered that no investigation into political campaigns can occur without him personally giving permission. This mean that the Federal Bureau of Investigation cannot follow leads, collect evidence, question witnesses, or take any action unless Barr authorizes it. He could order investigations of Democratic candidates while blocking those of Republican candidates. Given that twelve Russian operatives are under indictment for election interference to help Donald Trump and hurt Hillary Clinton in the 2016 presidential election, this raises the specter of similar efforts by Russians or other foreign actors not being investigated at all, as long as they benefit the current administration and other Republican candidates.

Meanwhile, the Senate has been interfering with the judicial branch, too. Senate Majority Leader Mitch McConnell would not bring President Obama’s federal court nominees to the Senate for confirmation. Not only did Merrick Garland not get a vote to join the Supreme Court but also dozens of nominees to lower courts were denied votes. McConnell has spent a lot of the Senate’s time pushing through the current administration’s judicial nominees, even those rated as “not qualified” by the American Bar Association. Traditionally in the Senate, sixty of one hundred votes would have been needed to bring these to the floor, but that rule has been suspended, so even the not-qualified candidates receive lifetime appointments to the courts with only fifty votes.

insure domestic Tranquility – Our domestic life is anything but tranquil. The incivility noted in the “more perfect Union” section too often devolves into verbal abuse and threats to personal safety. There have been threats of violence, even death, to journalists, public officeholders, diplomats, members of the military, and people who either question the administration or come forward to give truthful testimony.  Even ordinary folks can be threatened over simple things like video games or expressing their opinion about books or topics of public interest.

Too many people are hurt or killed by violent acts, especially those involving firearms. Mass shootings and police shootings get the most media coverage, but every day people are shot by someone they know or are victims of accidental shootings. The majority of gun deaths in the United States are suicides. These are not marks of domestic tranquility.

Millions of people don’t have access to sufficient food, safe shelter, medical care, and other necessities of a dignified life. Most of them are employed, but not earning a living wage. Millions of people are suffering from addictions. Millions of people are exploited because of their gender, immigration status, age, or other factors that make them fearful to seek help. Millions of people face discrimination because of their race, gender, age, ethnicity, or beliefs. None of these things are tranquil for those suffering through them or for those who sympathize with them.

provide for the common defence – The United States military is the most powerful institution in the world. It should be used to defend the United States and our allies from aggression. Often, the presence of US military is enough to deter countries from attacking their neighbors. I am appalled by the way this administration has pulled back support for our allies, such as South Korea, Ukraine, NATO, and the Kurds. These actions make both the US and our allies less defended and less safe. The treatment of the Kurds is especially troubling. The Kurds did the bulk of the work in taking back land controlled by ISIS; the US withdrawal that the president declared after talking with the autocratic leader of Turkey left the Kurds with no protection from the Turks and the Russians who have taken over the Kurdish towns and driven the residents into exile. Meanwhile, ISIS, continues as a terrorist organization, which is a continuing threat to the US and our allies.

promote the general welfare – This is the phrase from the Preamble that I quote most often. The Constitution is calling us to care for one another. This is also sometimes called in our modern American English working for the common good. This is one of the purposes of our government, but too often government acts in the interests of those individuals, families, businesses, and organizations that are wealthy. This tiny fraction receives a lot of benefits that ordinary folks don’t. Case in point: the tax reform that gave permanent tax cuts to businesses and large tax cuts to the wealthy, while giving some short-term tax relief to some non-wealthy people and higher taxes to others.

Too often our elected officials ignore promoting the general welfare, instead focusing on their campaign donors, businesses in their district or state, and wealthy folks rather than what is good for the general population, both in their district/state and throughout the country. Votes are cast not in the interest of the whole populace but with an eye to what the voters in their party’s primary wants.  Even worse, some officeholders feel that they only represent people of their party or those that voted for them. That is not the framework laid out by the Constitution. We the People expect our government officials to cooperate in passing, executing, and adjudicating laws that promote the general welfare and protect our rights, not to block a proposal because it originated in the other party or was passed by the other house of Congress. Examples of this are the hundreds of (mostly bipartisan) House-passed bills this session that Leader McConnell has blocked in the Senate and the comprehensive immigration reform passed by a bipartisan majority in the Senate in 2013 but not brought up for a vote in the House because it would have passed without a majority of the Republican members voting in favor.

and secure the Blessings of Liberty to ourselves and our posterity – While I feel fortunate to have these blessings, so many others do not. They face discrimination, poverty, abuse, hunger and other problems every day. I mourn the country and world we are leaving to the younger generations and those to come. We are leaving them with division and peril, with our world damaged so much that some of the ecological systems will not be able to recover fully even over centuries. Recognizing this, many young people have taken action to demand change. The Sunrise movement works on issues of climate change and environmental degradation. After a mass shooting at their school, the students of Parkland High mobilized young people across the country to demand protection from gun violence. It is incumbent on all of us to support our younger generations, already part of We the People, and future generations who one day will be.

do ordain and establish this Constitution for the United States of America. – We the People established our government. It belongs to all of us, not just to a few of us. We need to hold government accountable for the purposes for which we established it. We need Congress to take responsibility for passing laws that are fair to everyone. We need them to exercise their Constitutional duty to declare war when necessary, rather than ceding that power to the commander-in-chief or military leaders. We need everyone to realize that Article II does not give presidents the power to do whatever they want. They are subject to Congressional oversight and judicial proceedings. The courts have to realize that they exist to interpret the Constitution and laws, not write them.

It is troubling that a large percentage of people in this country today tell pollsters that they believe Congress and the courts should get out of the president’s way so that he can do what he wants quickly. This is incredibly dangerous to our democratic republic. We the People must be informed on what the Constitution dictates and hold officeholders and other public servants to it. Those who commit serious breaches of the Constitution should resign. If they don’t, they should be removed by legal means or, at the very least, not re-elected or re-appointed.

I have not been silent on these issues but, given the troubling events of the last few weeks, I felt the need to write this lengthy post to be among those sounding the alarm that our country is in danger. Like me, most of us do not have a large megaphone to broadcast our voices far and wide, but if enough of us speak up in defense of our Constitution, our government will hear the voices of We the People.

awesome

I have been watching major chunks of the impeachment proceedings against Donald John Trump, as he is officially referred to in the impeachment and trial.

The House managers, members of the House of Representatives who act a prosecutors, have been impressive in presenting their case, as well as pointing out which documents and testimony they have subpoenaed, but not received, which relates to the second article of impeachment, obstruction of Congress. (The first article is abuse of power, which, in this trial, is related to solicitation of Ukraine for help in the president’s election bid.)

The House managers take turns presenting evidence in a very methodical way, using video clips, emails, phone records, etc. to make their case. They are all well-prepared and well-spoken, but one is especially awesome – Representative Adam Schiff of California.

Rep. Schiff was a federal prosecutor and has comprehensive knowledge of the law. He chairs the Senate Intelligence committee, which did most of the fact-finding in the case, and was named lead House manager. As such, he has acted as the “closer” for the presentations, speaking with conviction and, at times, passion about the United States, our laws, and our futures. I found the closing of the second day of testimony to be especially powerful.

There was some talk, although not from him, that Adam Schiff might run for the Democratic nomination for president in 2020. I’m glad that he didn’t, because he is exactly where our country needs him the most right now, speaking up for the Constitution and laws and against corruption.

The case that he and the other House managers have made is so compelling that I am frightened when I hear that some Republican members of Congress are dismissing them totally and that the president will engage in even more corrupt behavior, knowing he will not have to suffer the consequences for his actions.

I am terrified for both the short-term and the long-term consequences for our democracy if a president is allowed to be so openly corrupt and is not removed from office. With Rep. Schiff, I believe, “Right matters and the truth matters.”
*****
Usually when I post on Saturdays, I follow Linda’s Stream of Consciousness prompt. This week’s involved writing about the last unsolicited business call we received, but, between caller id, do not call registry, and new spam blocking, I don’t receive those kinds of calls anymore. Instead, you are subjected to more non-stream-of-consciousness posting on the ongoing impeachment trial of Donald John Trump. I’m sure that is more painful than unsolicited business calls.

But, please visit Linda here, and join the fun for Stream of Consciousness Saturday and/or Just Jot It January.

following impeachment

While I wasn’t able to watch all the impeachment testimony and debate and read all the reports, I was able to digest major chunks of it. There is a lot of factual evidence supporting the now-passed articles of impeachment. Even the Congressional Republicans weren’t often trying to dispute the testimony of the fact witnesses, instead arguing about process or trying to advance debunked conspiracy theories to muddy the waters.

It’s discouraging how little many people, including some in government, understand about the Constitutional process of impeachment by the House and trial in the Senate. Impeachment is roughly equivalent to a grand jury indictment in the judicial system. It is a vote on whether or not there is sufficient evidence in support of the article of impeachment to warrant a trial. Unlike a criminal trial, impeachment does not require a specific “crime” as misconduct, corruption, and ethics violations often don’t fit neatly into legal frameworks. One of the differences in the Trump impeachment compared to proceedings against Clinton and Nixon is that most of the investigation happened within the House committees themselves. In the Nixon and Clinton investigations, there was extensive investigation by the Justice Department that was passed on to the House; in Trump’s case, the Justice Department refused to investigate and the White House refused to honor subpoenas for testimony and documents, hence the second article of impeachment for obstruction of Congress.

The two articles of impeachment passed by majority vote in the House, so President Trump has been impeached. Period. The articles of impeachment not having been conveyed to the Senate yet is irrelevant. If the Senate acquits at trial, it does not erase the impeachment.

When the Senate does hold the trial, all the senators are sworn in as triers of fact by the Chief Justice of the Supreme Court, who is the presiding officer. House members will act as prosecutors and the president’s lawyers will be defense attorneys. In order for there to be removal from office, 2/3rds of the senators must vote to convict.

One of the appalling things that has happened is that some of the senators, including the Majority Leader Mitch McConnell, have publicly stated that they are not impartial. What will happen when they are asked to swear an oath to deliver “impartial justice”? Will there be consequences if they swear to it without intending to follow through? I can’t imagine they will recuse themselves rather than lie in taking the oath.

I do hope that the trial will be full and fair with relevant documents and testimony. All the senators and the public should hear the facts of the case. Although I know that it is unlikely that 2/3rds of the senators will vote to convict, it is important for the voters in the next election to know what has happened and for history to have an accurate record.