ChrisWeigant.com

Democrats Go Narrow On Impeachment Articles

[ Posted Tuesday, December 10th, 2019 – 17:59 UTC ]

Today, House Democrats unveiled two articles of impeachment against President Donald Trump. This is a historic development, since it has only previously happened on three other occasions. Somewhat surprisingly, the Democrats opted to only focus very narrowly in the charges they brought, limiting them to the fallout from Trump's attempt to get the Ukrainian government to do opposition research on a political opponent. Nancy Pelosi and the Democratic leadership made a decision in drafting such narrowly-focused articles, since they had the option of including other obviously-impeachable offenses, but in the end chose not to.

This was a political decision, but then impeachment is at its core a political act. Some Democrats were arguing for a "kitchen sink" approach, which would have included listing all the wrongdoings uncovered so far during Trump's time in office: ignoring the emoluments clause of the Constitution, self-dealing, blatant and unprecedented obstruction of justice, thwarting the will of Congress (who refused to appropriate money for his precious border wall), constantly lying to the American people about matters great and small alike, employing undocumented workers (while railing against them as some sort of menace to the public), allowing his children to profit off of his presidency in numerous ways, and anything else the Democrats could think of.

Pelosi, obviously, chose not to take this route. This disappointed some Democrats who felt that since they're only going to have one shot at impeachment, they were duty-bound to charge Trump with every high crime and misdemeanor he has committed while in office, if only for the sake of the historical record. There's a good argument for doing so: if Trump is charged with some offenses but not others, then it tacitly sends the signal that the ones not included were somehow acceptable. It normalizes and passively authorizes anything not charged, in other words -- and as you can see, this includes a whole raft of unprecedented behavior that any other president would surely have been impeached for.

Some were arguing for a middle course, which would have only included the obstruction of justice offenses documented in great detail in the Mueller Report. In his report, Bob Mueller almost begged the House to impeach Trump over this obstruction, and he provided all the proof that would have been necessary. But in the end, Pelosi decided that this would be a distraction.

This decision was a tough one, further complicated by the near-certainty that the Senate is not going to remove Trump from office no matter what the House included in the impeachment articles. Republicans have hitched their wagon to Trump and are not going to second-guess this political calculation no matter what. There may be a handful of them who actually do seriously consider voting to remove Trump, but only in purple or blue states where they fear for their own chances of re-election (Maine, Colorado, etc.). And there simply are not enough of these to even get close to the constitutionally-mandate two-thirds vote necessary to remove Trump from office.

Pelosi may have decided that merely "checking the box" on impeachment was the only thing that really mattered politically, which could be why she chose such a narrow route. Pelosi has always been reluctant to even begin the impeachment process, and resisted doing so until the Ukraine scandal broke. She is possibly the most astute vote-counter in all of Washington, and she could see the writing on the Senate wall long ago. Absent Trump shooting someone on Fifth Avenue, Pelosi knew that the Senate Republicans simply would not turn on Trump.

The Ukraine scandal changed this dynamic, since it was such a blatant attempt to allow foreign interference in American elections. But it hasn't really changed Pelosi's opinion that impeachment is going to fail and that doing so carries great political risks for Democrats.

The whole process has been carried out with blinding speed, when you consider how slowly Congress normally moves. The courts were all but ignored, which was another precedent-setter. When Bill Clinton and Richard Nixon faced impeachment, they pushed their case all the way to the Supreme Court, and this process was allowed to play out. This time around (call it "impeachment-lite"), Democrats refused to follow through on enforcing their subpoenas because it would have eaten up so much time to drag it all through the courts. This may come back to haunt future congresses fighting to get information from reluctant presidents (whether Democratic or Republican).

This will be the only bite at the impeachment apple during Trump's first term -- that much seems certain. House Democrats may continue their investigations of Trump, but no matter what they uncover as a result, it's going to be too close to the upcoming election to act. Even if bombshell evidence concerning Ukraine is revealed (say, if John Bolton eventually does testify), Democrats won't be able to do anything about it, unless Trump wins a second term in office.

Pelosi has chosen to put impeachment on the fastest track possible since the beginning of the process. Drafting very limited articles of impeachment is entirely in keeping with this strategy. Some Democrats elected in either purple or red districts were worried that dragging the whole thing out would have hurt their own chances for re-election, but it's an open question whether Pelosi acquiesced to their views or simply chose the route she always was going to.

Pelosi is hoping that in the future she'll be able to say: "We did our constitutional duty," while also making sure the process happens fast enough to have the minimum impact on the 2020 elections. Many are already second-guessing this decision, but we'll have to wait until after the election returns are in to see whether it was a political mistake or politically brilliant to go this route. If Pelosi keeps or even expands her House majority next November, then she will have been proven right. If Trump is defeated at the ballot box then there likely won't be many Democrats invested in rehashing the impeachment strategy. And if Democrats wrest control of the Senate away from Republicans, then it will also be seen as smart politics on Pelosi's part.

If things go another way, though -- if Republicans win the 2020 elections, in other words -- then there will be plenty of blame to go around, no doubt. Fingers will be pointed, and historians and statisticians will weigh in. Pelosi's legacy may be forever tarnished as a result. But Pelosi herself has already indicated that she's going to step down within the next few years anyway, so she is not going to have to pay any direct political price if her strategy turns out badly. She'll still retire to San Francisco as the most powerful woman ever in all of American political history, which is already pretty impressive.

The outcome in the short term has not changed, though. Donald Trump is almost certainly not going to be removed from office by the Senate. Pelosi knew this all along, so it's pretty easy to understand why she chose the fastest and narrowest impeachment possible. At this point the only real short-term question that remains is how much of a circus the Senate trial will be. Will Mitch McConnell be able to resist the more extreme members of his own caucus, and instead choose a streamlined trial? Or will he allow the fire-breathers to bring the Senate down to the level of the House Republicans?

By moving as quickly as possible, Pelosi has achieved one of her primary objectives, because no matter what happens in the Senate it'll probably all be over and done with before the Iowa caucuses happen. The political world will turn its attention to the Democratic nomination race and the 2020 campaign will be the main topic of discussion. By moving so fast, impeachment may turn out to be not all that large a factor even in the general election campaign, because most people will have moved on by that point.

Again, all of this will be second-guessed later. Whether Pelosi's gamble pays off or not won't be obvious until after the 2020 election. But her refusal to take the "kitchen sink" route (or even the "Ukraine plus Mueller Report" route) is entirely consistent with how she's approached the impeachment process from the beginning, so it really shouldn't come as all that big a surprise.

-- Chris Weigant

 

Follow Chris on Twitter: @ChrisWeigant

 

31 Comments on “Democrats Go Narrow On Impeachment Articles”

  1. [1] 
    Elizabeth Miller wrote:

    This disappointed some Democrats who felt that since they're only going to have one shot at impeachment, they were duty-bound to charge Trump with every high crime and misdemeanor he has committed while in office, if only for the sake of the historical record.

    Well, the historical record isn't going to mean much if half of the electorate aren't on board with impeaching Trump.

    If Democrats care about the historical record, then they had better start acting to ensure it. And, I'm talkin' to you, Joe Biden … and others who still believe in the promise of America.

    The 2020 presidential election is not going to be about healthcare, if you know what I mean and I think that you do. I hope that you do. Generic you, that is, just to be clear!

  2. [2] 
    Elizabeth Miller wrote:

    Some were arguing for a middle course, which would have only included the obstruction of justice offenses documented in great detail in the Mueller Report.

    Yes, but, is the president obstructing justice if he pleads his case through the courts? I've not heard a good argument to win the day over what professor Turley argued before the House Judiciary Committee. Which, of course, is not to say that there isn't one.

    But, you say that the Mueller report outlined obstruction of justice. How long ago was that!? Don't make me laugh when I feel so much like crying ...

  3. [3] 
    Elizabeth Miller wrote:

    This time around (call it "impeachment-lite"), Democrats refused to follow through on enforcing their subpoenas because it would have eaten up so much time to drag it all through the courts. This may come back to haunt future congresses fighting to get information from reluctant presidents (whether Democratic or Republican).

    If impeaching this president is so critical to the values of America and to its founding documents, then eating up time wouldn't have been a consideration, would it have?

    The 'haunting' is virtually inevitable if Trump is re-elected, unless the power of the promise of America prevails through the individual actions of patriotic Americans, if enough of them exist.

  4. [4] 
    Elizabeth Miller wrote:

    It has become very difficult to imagine that the power of the promise of America can prevail, given that so many elected officials - at all levels of government - put the interests of their own re-election campaigns above the interests of the country they purport to serve, regardless of party affiliation or lack thereof …

    If America has lost me, good luck to y'all! I mean that sincerely, I'm not trying to be facetious here ...

  5. [5] 
    Elizabeth Miller wrote:

    If Trump is booted out of office after his first and only term, then it will have had less to do with decisions Speaker Pelosi made about impeachment details than it will have had to do with what kind of America Americans want.

  6. [6] 
    Elizabeth Miller wrote:

    If things go another way, though -- if Republicans win the 2020 elections, in other words -- then there will be plenty of blame to go around, no doubt. Fingers will be pointed, and historians and statisticians will weigh in.

    I would say that the blame can be laid at the feet of the Democratic presidential candidate and ALL of the American people who, collectively and ultimately, may prove unable to keep their republic.

  7. [7] 
    Elizabeth Miller wrote:

    But Pelosi herself has already indicated that she's going to step down within the next few years anyway, so she is not going to have to pay any direct political price if her strategy turns out badly.

    A sentiment which points up quite nicely why there is little hope - for America and the rest of us out in the world.

  8. [8] 
    Elizabeth Miller wrote:

    You'll have to forgive me as this is the only real stress left in my life, these days ...

  9. [9] 
    ListenWhenYouHear wrote:

    Anyone want to guess why the Russian Foreign Minister met with Trump at the Oval Office on the day the articles of impeachment were issued? Seriously, could Trump not be any more blatant about displaying his corruption and his connection to Russia.

  10. [10] 
    Michale wrote:

    Anyone want to guess why the Russian Foreign Minister met with Trump at the Oval Office on the day the articles of impeachment were issued?

    No need to guess.. The factual answer is out there for all to see..

    President Trump *LOVES* to see the Left's head's explode..

    Seriously, could Trump not be any more blatant about displaying his corruption and his connection to Russia.

    I know you believe this.. But there are no facts to support it. And your guy, Mueller spent 2 years and 35 million dollars PROVING that this was not factually accurate..

  11. [11] 
    nypoet22 wrote:

    @m,

    you're back! how'd it go?

    JL

  12. [12] 
    Michale wrote:

    So, when all is said and done.. when all the hysteria over "Quid Pro Quo" and all the hysteria over "extortion" and "bribery", when all the focus groups have been focus'ed..

    All Democrats are left with is a nebulous and meaningless "crime" as "abuse of power" and a non-existent "crime" of Obstruction Of Congress..

    Think back to how many times Obama committed "Obstruction of Congress" when Obama didn't do what Republicans in Congress wanted him to do...

    Think back to how many times Obama committed "abuse of power" by using his phone and his pen instead of going thru Congress as Obama should have..

    President Trump's "crimes" are no different than that..

    Ya'all must feel pretty down.. After all the hysterical screams of BRIBERY!!! and QUID PRO QUO!!! and EXTORTION!!!! from the highest levels of the Democrat Party.... Ya'all are left with pithy "abuse of power" and hazy and fuzzy "obstruction of Congress"..

    I have to say.. Ya'all better HOPE that the Articles of Impeachment fail in the House..

    Because if this gets to the Senate??? The Torment Of Democrat Party will begin in earnest..

  13. [13] 
    Michale wrote:

    Because I do imagine ya'all are feeling a bit down in the dumps, allow me to throw ya'all a bone..

    I WAS WRONG..

    With regards to the Horowitz report, I was completely off the mark.. What I chalked up to criminal misconduct was nothing more than malfeasance, sloppiness and incompetence..

    I had forgotten the age old adage..

    "Never chalk up to criminality and villainy what can easily be explained by incompetence ineptitude"

    While I still hold out hope for the Durham report, I concede that the Horowitz report was a big fat goose-egg as far as holding Democrats accountable....

  14. [14] 
    Michale wrote:

    Liz,

    You'll have to forgive me as this is the only real stress left in my life, these days ...

    If THIS is the only real stress in your life.....????

    You truly are one lucky lady... :D

  15. [15] 
    Michale wrote:

    you're back! how'd it go?

    I'm alive..

    Sporting a nice new 10"-12" gash in my chest from collar bone on down..

    It's funny.. In a karma sort of way..

    I went in originally for an angioplasty with a probable stint placement.. At worst, an overnight stay..

    The downside to that was I had be awake for the procedure.. Fortunately, they were not stingy with drugs...

    "They gave my some really great stuff.. Sodium pentathol, I think it was.."
    "Ahhh.. 'Truth Serum'.."
    "Yea! It's great, I ain't lyin'!!"

    -HAPPY DAYS

    So, anyways, after an hour or so of this bliss, the doctor comes over to me and said "Houston, we have a problem"... I'm sure he said something else, but that's what I heard...

    It seemed that the blockage that was to be stent'ed was at the junction where the left coronary artery splits. Since it was too close to the junction, the only repair possible was a bypass...

    Doctor told me, "We can do the bypass now" (and by "now he meant like, right this second now) "or we could wait for a better opening in the surgeon's schedule which would be about 10 days".

    Considering that this was the day before T-giving and my wife and I had literally seconds to decide, we opted for now...

    So... cramming 4 hours worth of Pre-OP into 45 mins the kicked on their bone saws and went to work...

    Long story short (too late! :D) what was supposed to be a quick in/out procedure turned into an open heart triple by-pass and a 6 day stay...

    And that was my Thanksgiving in a nutshell.. :D

    Got home about a week ago (+/-) and confined to bed and the house for another 2 weeks..

    And here we are... :D

  16. [16] 
    Elizabeth Miller wrote:

    Best wishes to you, Michale! It might be a good idea for you to stay away from political commentary for a while ...

  17. [17] 
    C. R. Stucki wrote:

    Michale

    So, I'm presuming the original "heart of stone" is still in place, meaning no compassion for the delusionals that abound here, right?

  18. [18] 
    Balthasar wrote:

    Pelosi had just one mission: highlight Trump's criminality for the American public, and move on. Truly, anyone interested has heard about the impeachment, and formed an opinion.

    He's already been impeached by that point, so keeping the charges compact reduces the chance that the trial can be drawn out by Republicans.

  19. [19] 
    Michale wrote:

    Liz,

    Best wishes to you, Michale!

    Thank you.. :D

    It might be a good idea for you to stay away from political commentary for a while ...

    I have had a change of heart (literally :D) about a lot of things..

    Not so much about politics but rather my approach.. :D

  20. [20] 
    Michale wrote:

    So, I'm presuming the original "heart of stone" is still in place, meaning no compassion for the delusionals that abound here, right?

    Let's just say I am a little more compassionate towards Weigantians about the major disappointments that are about to be visited on them over the next year...

  21. [21] 
    Michale wrote:

    Pelosi had just one mission: highlight Trump's criminality for the American public, and move on.

    Nearly word for word what I predicted..

    "Pelosi will state their only goal was to bring the Trump criminality to light. Removing President Trump was never the actual goal"
    -Michale

    :D Thanx Balthy.. Yer a true mensch.. :D

    Truly, anyone interested has heard about the impeachment, and formed an opinion.

    He's already been impeached by that point, so keeping the charges compact reduces the chance that the trial can be drawn out by Republicans.

    So, all the word salad tossing of "quid pro quo" and "bribery" and "extortion"... That was all just to while the time away so Pelosi could get to the "real" charges??

    Nebulous & hazy catch-all crimes like "Abuse Of Power" and non-existent crimes like "Obstruction Of Congress"???

    Well, I'll have to bow to you and give you your credit where credit is due..

    I actually BELIEVED you when you said that President Trump committed bribery and extortion and quid pro quo... You actually made me believe that you believed that.

    When all the while, you were simply satiated and satisfied with "crimes" that aren't really criminal at all, but rather part and parcel to every President since George Washington..

    Let me ask you, Balthasar..

    Are you truly satisfied with these articles??

    I mean, from the start, did you say, "Golly gee! I really hope that Democrats limit themselves to just the Ukraine thingy and go for hazy and nebulous charges that can mean ANYTHING!!!"

    Was that your endgame?? Yer happy with this outcome???

    Be honest, now..

  22. [22] 
    Balthasar wrote:

    Your assertion that Abuse of Power and and Obstruction of Congress are just throw-away charges reveals just how long ago you saw the sun shine.

    Abuse of Power includes the Quid Pro Quo, the bribery, and the entire ludicrous mess that is Ukraine.

    The Obstruction of Congress charges include everything the Republicants have been doing here, including refusing to testify before committees. Voting against these articles will make the next impeachment much harder for you.

    I actually BELIEVED you when you said that President Trump committed bribery and extortion and quid pro quo...

    Good. Vote against him, that's the message. Crawl through fire and ice to pull the handle for whomever isn't named Trump.

    'Cause if you don't, and by some miracle he wins the election, believe me, the next impeachment will have actual meat on it, and we can spend the next four years dragging the American people through it.

    Which is just fine with me.

  23. [23] 
    Balthasar wrote:

    So young Greta Thunberg gets Time's Person of the Year award. Good for her. The acid-tongued activist gave world leaders a piece of her mind earlier this year, and this'll make sure that she has plenty of seed money to continue. I can only hope that her acceptance speech blows the doors off.

  24. [24] 
    ListenWhenYouHear wrote:

    The Impeachment process is considered a legal procedure by our government and the courts.

    Sadly, it is one where the jury meets with the defendant ahead of the trial to formulate a game plan for how the trial should go.

    Having a jury where the majority has already made it clear how they will vote prior to the trial even starting, it would make sense for the Democrats to avoid including specific criminal charges in their impeachment as that might open the door for Trump to avoid criminal charges once he is out of office by claiming “double jeopardy”.

    The evidence clearly shows that Trump violated his oath of office. Trump knows he was only elected because he had foreign help, and he is counting on that help again to be re-elected. His blatant corruption has destroyed the reputation of the GOP, which has stood by silently while he has destroyed one presidential norm after another. Putin could never have dreamed that Trump would be as destructive to our nation as he has been! Putin won the lottery with Trump.

  25. [25] 
    ListenWhenYouHear wrote:

    Anyone want to guess why the Russian Foreign Minister met with Trump at the Oval Office on the day the articles of impeachment were issued?

    No need to guess.. The factual answer is out there for all to see..

    President Trump *LOVES* to see the Left's head's explode..

    Trump invites the foreign minister from the country that our intelligence agencies have all determined interfered in our 2016 elections; that broke into the DNC servers, stole the content, and used the stolen documents to hurt the Democrats during the election; that have denied doing any wrong even with all of the evidence against them presented...this is who Trump thinks DESERVES the honor of being a guest in the Oval Office?!?

    Screw giving the Ukrainian president, one of our allies, a White House invitation that would signal to Russia that we still had Ukraine’s back in their on-going war! No, send the Ukrainians a clear message that Trump is Putin’s bitch and that they can no longer trust the United States to keep their commitments!

    And you are OK that he rewarded Russian interference into our elections and damaged our ally’s negotiating strength in their upcoming peace talks with Russia — ALL of this was done just to upset liberals? Glad you have no problem with Trump damaging our national security just to piss off those who won’t swear loyalty to him...you know, what is truly important in all of this!

  26. [26] 
    Michale wrote:

    Abuse of Power includes the Quid Pro Quo, the bribery, and the entire ludicrous mess that is Ukraine.

    They may be included in YOUR mind..

    But they are not included in the ABUSE OF POWER article of impeachment...

    The House Democrats opted not to charge Mr. Trump with “bribery" or “extortion,” as they had earlier contemplated. Since those are criminal charges, using those terms invited debate about the statutory elements and judicial precedents. But since an impeachable offense does not have to be a specific crime, the Democrats decided to use the broader charge of “abuse of power.”

    As to the rest.. So you are basically saying that your fine and happy with these 2 nebulous, hazy and, in the case of "Obstruction Of Congress", non-existent "crimes"..

    That's fine.. I just wanted to get you on the record and I have now done so..

    "Thank you for your co-operation."
    -Black Widow, THE AVENGERS

  27. [27] 
    Michale wrote:

    Trump knows he was only elected because he had foreign help

    Not factually accurate... Even if you could know what President Trump thinks about it, the simple fact that YOUR own golden-boy spent two years and 35 million dollars proving beyond any doubt that there was no Russia/Trump collusion AND that any machinations they Russians did attempt had no effect on the outcome at all..

    ..this is who Trump thinks DESERVES the honor of being a guest in the Oval Office?!?

    If it maximizes head-explosions amongst the Left?? I am all for it.. :D

    Screw giving the Ukrainian president, one of our allies,

    That's funny.. If Ukraine was one of our allies, why didn't your Obama give him military aid to protect Ukraine from Russia?? An act that gave a huge benefit to Putin.

    Why did Obama cancel the Central Europe Missile Defense Shield?? ANOTHER act that gave Russia to cover for Obama to hand over The Crimea to Russia.. All in the name of Obama being "flexible" for Putin.. And Obama claim that was caught ON TAPE and is undeniable..

    When it's to your partisan agenda, Ukraine is the poor defenseless sods that must be helped..

    But let's not forget that it was YOUR Obama, with YOUR tacit approval that put Ukraine in that "defenseless sod" category that you ALL OF THE SUDDEN care about now..

    So, please.. Don't waste your crocodile tears on Ukraine.. Where were those tears when YOUR Obama, with YOUR tacit approval, was throwing Ukraine to the Russian bear???

    Glad you have no problem with Trump damaging our national security just to piss off those who won’t swear loyalty to him...you know, what is truly important in all of this!

    I have no problem with President Trump taking actions that make Left Winger heads explode.. It's very very FUN to watch.. However, I have had a change of heart and I am going to make it a sincere effort not to enjoy as much as I used..

    As to all the rest, that's just the fever of your imagination and has nothing to do with reality..

    The ***FACTS*** clearly show that President Trump has been 100x the friend to Ukraine that Obama ever was...

  28. [28] 
    LeaningBlue wrote:

    michale: Long story short (too late! :D) what was supposed to be a quick in/out procedure turned into an open heart triple by-pass and a 6 day stay...

    Well, amigo, it's good to read that you didn't die and you weren't inadvertently killed by doctors or a hospital.

    "On the mend" not only means you have to take it easy, it's also a valuable excuse to have around the holidays.

  29. [29] 
    LeaningBlue wrote:

    Looks like we don't have to wonder what Putin-mob thug and Gulliani assistant Lev might be fixin' to tell HPSCI.

    SDNY now wants him in lockup, since he didn't tell them
    about a wire of 1 million from a Russian bank, and an extra
    few hundred grand from Firtash in walk-around money.

    Don't try to color me surprised, because I'm not.

  30. [30] 
    Michale wrote:

    Well, amigo, it's good to read that you didn't die and you weren't inadvertently killed by doctors or a hospital.

    Danke

    "On the mend" not only means you have to take it easy, it's also a valuable excuse to have around the holidays.

    Yea, I know.. It's just so damn BORING around here.. Binge watching STARGATE SG-1 only gets me so far..

  31. [31] 
    Kick wrote:

    Balthasar
    22

    Your assertion that Abuse of Power and and Obstruction of Congress are just throw-away charges reveals just how long ago you saw the sun shine.

    In his defense, he actually believes all the right-wingnut rhetoric/propaganda bullshit and is a total Trump worshiping gullible moron.

    Abuse of Power includes the Quid Pro Quo, the bribery, and the entire ludicrous mess that is Ukraine.

    I believed that I needed Yovanovitch out of the way. She was going to make the investigations difficult for everybody. ~ Rudy Giuliani

    Nice admission. More coming.

    The Obstruction of Congress charges include everything the Republicants have been doing here, including refusing to testify before committees. Voting against these articles will make the next impeachment much harder for you.

    At last, a person who gets it.

    A POTUS has never been removed from office after being impeached. Trump will be impeached, and anyone who chooses Trump/their Party over their oath to God and their Country will be on record in so doing. This is about our democracy being more important than the partisanship and cult-like following of a con artist/dictator.

    I've said it before, and I'll say it again:
    Vote "D" for democracy and "R" for Russia. Maybe it makes more sense now than it did then... I hope so.

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