Seven Factors Impeding Impeachment
Madam Speaker, and still I rise. It is a preeminent privilege to stand here and address this august body--to address those who are within the sound of my voice would probably be more appropriate--and those who are onlookers by way of…
Madam Speaker, and still I rise. It is a preeminent privilege to stand here and address this august body--to address those who are within the sound of my voice would probably be more appropriate--and those who are onlookers by way of various means of telecommunications. It is an honor and a privilege to do so, and I am grateful to the leadership of this House for extending and allowing the privilege. I believe that it is one of the great honors of being a Congressperson, to be able to stand and address the Nation, if you will.
So tonight, as a Member of this body, it is my honor to speak on a topic very near and dear to my heart and the hearts of a good many Americans. I would like to talk about some of the current factors that are impeding impeachment.
I have mnemonic notes that I will refer to from time to time so as to address seven different topics that are factors currently impeding impeachment.
The first that I shall address is the belief by many that not enough bipartisanship exists as it relates to impeachment, not enough persons from both sides of the aisle, and, more specifically, not enough persons who are representative of the Republican Party.
There is this belief that impeachment must be an effort that is bipartisan, and it must be to some significant amount of bipartisanship. That amount has not been announced, so it is hard to say what the significant amount of bipartisanship is that is being sought.
But I think that at this point, so as to address the question of bipartisanship, which I believe in, would hope for--I think that bipartisanship is a wonderful thing. But to address it, I believe we will have to go to Federalist 65.
For those who are interested, the Federalist Papers consists of some 85 articles that were published between 1787 and 1788, published by the first Chief Justice of the Supreme Court, John Jay. He was also assisted by the first Secretary of the Treasury, Alexander Hamilton. And, of course, the third part of this group of persons was Madison, the fourth President of the United States.
These persons, the three of them, the trio, were to, if you will, present reasons to the country why the Constitution should be ratified; and in presenting reasons for ratification, they published Federalist 65.
Federalist 65 explains what impeachment is all about. It does a little bit more than just explains what it is about. It explains what one might expect, what we might expect if impeachment is sought.
And I must say, at this point, that these three Framers of the Constitution were prophetic, absolutely persons who could see into the future, one might think, because they prognosticated what we are having to concern ourselves with currently in terms of what will happen among the people and in society should we move toward impeachment.
Prophetic--they had their flaws; they were not perfect; but on this issue, they seemed to have been prophetic, because they prognosticated that at a time such as this, there would be division, that you would have parties separating in their own corners, if you will, that the people among us in society, that they would have very hard opinions; that people would sometimes base their opinions upon the circumstances, and others, just based upon the knowledge that they might have of the person who is being impeached.
They prognosticated that this would not be a time of great unity, that it is more likely to be a time of division. And they knew, however, that the Constitution could survive this.
The Constitution survived the impeachment of Andrew Johnson in 1868. It was rancorous; there was a lot of divisiveness; but the Constitution survived. The Constitution is capable of surviving it, and the people, more importantly, are capable of surviving. And society is capable of surviving, which means the country can survive impeachment.
But it is there for a reason. It is there because there is a belief that, from time to time, you may have one
holding public trust in the highest office of the land, the Chief Executive Officer, known as the President. The Chief Executive Officer may engage in conduct that would cause the trust in the Chief Executive Officer to be assumed less than what it should be.
The Chief Executive Officer might breach his trust that the public has in him. The Chief Executive Officer would do harm to society, and in doing harm to society, the Framers of the Constitution concluded that there should be a means by which the Chief Executive Officer could be removed, and this, of course, would be impeachment.
Impeachment is not something that anyone relishes. We don't seek impeachment. It is sometimes forced upon us, something that you have to do if you truly believe that no one is above the law.
Let's look at some of the historic impeachment cases. There are but two: Johnson in 1868, and Clinton in 1998. And in both of these, the parties were separated. There was not a moment when the Republicans and Democrats decided: Yes, this is what we must do, and we will unite and get it done.
Andrew Johnson was not impeached, and the impeachment failed by one vote.
President Clinton was not impeached, but there was not this rush of Democrats to support Republicans to impeach President Clinton. It just didn't happen.
So an expectation of national unity is probably setting the standard so high that we may not ever impeach.
The Framers understood that there might not be this unity, probably wouldn't be, and prognosticated that unity would not exist in Federalist 65. So we are setting the bar pretty high when we decide this must be done.
By the way, no one can impose that standard upon us. That is a standard that we can accept, but it doesn't have to be a standard for the Members who would vote for impeachment. That is absolutely not the case. There is no one person who can impose such a standard on this body.
Each person has the opportunity to make up his or her mind based upon the evidence presented using the standard that he or she believes to be appropriate. So imposing a standard of national unity is probably setting the bar a bit too high.
Next, there is this notion that we should defeat, not impeach. Defeat, not impeach.
Well, we say that no one is above the law, and I have heard a good many Members of this body say so. It has been published: No one is above the law.
And usually there would be the following words thereafter: No one is above the law, and this includes the President of the United States.
Well, if no one is above the law and you believe that the President has committed impeachable acts, then you probably wouldn't want to say that we should defeat at the next election as opposed to impeach now-- if no one is above the law. Because, in essence, you are saying: No one is above the law; however, I won't enforce the law. I won't honor Article II of the Constitution. No one is above the law, but I am not going to impose the law upon one who has committed impeachable acts.
I don't see the consistency in doing this, but it is the prerogative of people to do what they may. I am merely explaining some of the impediments to impeachment. This is one: Defeat, not impeach.
And if no one is above the law, as I have indicated, and I believe this--and this includes the President--then I believe we have a duty, a responsibility, and an obligation to move forward with impeachment. I don't think you wait until the next election to avoid your duty, responsibility, and obligation.
One salient point that can be made is some ugly things can happen when you have no guardrails, when you send a signal to the Chief Executive Officer that there is no one to hold you accountable, that the Congress is not going to fulfill its responsibilities under the Constitution--no guardrails.
Well, the Chief Executive Officer, who has already committed impeachable actions, will proceed probably to do what he may and will simply because he knows that he does not have the deterrent that the Congress is supposed to impose by virtue of having this awesome amount of authority to remove from him office--assuming that the President is impeached and the Senate convicts.
But, if you don't have guardrails, you don't have a Chief Executive Officer who is being deterred from doing things that we might find totally inappropriate, for example, going to war. The Chief Executive Officer could decide: I need not go to Congress to go to war. The Congress has the duty and responsibility to declare the war, but since Congress isn't going to do anything, why bother?
Congress is but another entity, not a coequal partner in the government with the executive.
So I think you can't hold the position that you will defeat, not impeach, especially when you have said, if you have, that the President has committed these impeachable actions.
Now, there are a good many people who are walking back comments. And everybody has a right to walk back comments--happens quite regularly here--but you might take note of this: You can't walk back history. You can walk back comments, but you can't walk back history.
So if you have already said that the President has committed these impeachable actions and you have already said the President should be impeached, you won't be able to walk that back from history.
Time tells and history judges. The truth is known. The truth will be published at some point about what we have said and how we have behaved.
Impeachment cannot be but a talking point to be used for political expediency. You can't on one day say, ``Oh, yes, he ought to be impeached,'' and then the next day say something that contradicts this in an effort to walk it back.
Well, you can do it, but history will record both of your comments, and history will judge you. At some point, that judgment will be codified such that the world will know what was said on all occasions, not just on the latest rendition of the commentary that is made.
Time tells; history judges. The truth will be known. Defeat, not impeach is not an option if you believe that the President has committed impeachable actions.
Then, there is, of course, the notion that the Senate won't convict. There is no requirement that the Senate convict. This is something that a person or some persons can require of themselves, a belief that since the Senate won't convict, there is no need to impeach. But that is not what impeachment is all about. It is about the House of Representatives doing its job.
The House does its job quite routinely here sending bills of great importance to the Senate that the Senate doesn't act on. It did so last week and will do so again and again. H.R. 1 was not acted on, and a good many others. I need not go through all of them. But the point is, you cannot conclude because it is impeachment that you have a different standard, in my opinion.
You have to have one standard. Either we are going to decide we will not send things to the Senate, and cease and desist, I suppose being the House of Representatives, which I would not abide with, but that, I suppose, would be a decision that you might make, one might make, but not one for me to make.
I think that we have a responsibility to do our jobs, and then we give the Senate the opportunity to do its job. If we do our job, we do more than simply impeach, which is important. We act as a deterrent that impeachment is to deter the next President; to let the next President know that the House of Representatives will not shy away from its responsibility; that it will do what it is supposed to do when a President commits impeachable actions.
So this notion that the Senate won't act is a reason for us not to act, would mean then that the Senate controls impeachment, which is the responsibility of the House of Representatives.
Do we want to give the Senate the authority to do its will and not have the House do its will? Do we want the Senate's will to become the will of the House? What we are saying is, until we can get a Senate that will follow our lead, we will not take the lead and do as we should, do what we, according to Article II section 4, and in my opinion, must.
We cannot allow the Senate to control the House of Representatives no more than we can allow another party, if I am on one side of the aisle and we have a party on the other side, we can't allow another party to dictate what we would do on this side of the aisle.
If you have overwhelming majority, you cannot blame the other side for your failure to act. That is my opinion. If we have an overwhelming majority, then at some point, it will be noted in history that we didn't act. And it won't be said in history that we didn't act because the minority prohibited us from acting here in the House.
It won't be said that we failed to act because the Senate had the authority to prevent us from acting. The Senate does not trump the House of Representatives. We cannot decide that only the Senate can determine whether the House should move forward. This is not what the Framers intended. But this is, in effect, what we will be doing if we predicate our actions upon the actions of the Senate.
I don't think that is appropriate and I take issue with the notion that we must wait until the Senate is ready to act before we can act.
By the way, no one knows what the Senate would do until the Senate has an opportunity to do it. Once the Senate is confronted with having to vote, we may find that the Senate will take a different course of conduct than that we have presupposed the Senate will do or take.
The Senate could very well have an epiphanous moment. Probably not, but it could, meaning some two-thirds of it, and act. But whether it does or doesn't, we have a duty to do our job and then let the Senate take a vote, go on record, and we will let the chips fall where they may in history.
I think all of us, we should all be on record. We know what the circumstances are. We know the harm that is being caused in society. We know that the trust has been breached, and we only have to now do what the Framers have given us the way to do, assuming that we have the will to do it.
They gave us the way, but they could not give us the will. We have to have the will to act ourselves. Impeachment in the Senate, where the trial is to take place, is not to be predicated upon the House following the will of the Senate.
Now, there is another reason that I would like to call to your attention, another impediment, and it is the notion that impeachment will divide our Nation. I have covered this to a limited extent, but I will go back because some things bear repeating.
In Federalist No. 65, the Framers of the Constitution made it very clear that you will not have, as they saw it at that time, this national unity. It doesn't work that way. People are going to take sides. And when they do, you are likely to have things develop along party lines. But we have to still do our job. We cannot set standards that may be impossible.
We can't have the standard be the Senate must decide it will go along with us before we will act. That is not a reasonable standard for us to have as Members of the House. We are independent. We can't have the standard that we can only do this if we have the consent of the opposing party.
What you are doing is putting the fate of the country in the hands of the minority. You are putting the fate of the country in the hands of the Senate when the House has a duty to act.
So I conclude with this on this point, the notion that it will divide the Nation is something that was prognosticated. Now, I would love to have the country in unity. I believe in unity, and I think you can have unity without uniformity. We don't all have to do the same thing all the time to have unity on certain issues.
But there is no constitutional requirement that we have the minority support what the majority can do, and the Senate be aligned with the House before the House can act. There is no constitutional requirement for such a thing.
Next, we have the notion that impeachment can benefit the Chief Executive Officer. Impeachment will benefit the Chief Executive Officer. It is hard to imagine a Chief Executive Officer wanting to be impeached.
I have seen and heard statements from the Chief Executive Officer that would give me reason to believe that the Chief Executive Officer really does not want to be impeached.
There is something called reverse psychology that we are all familiar with. Say that you want the thing that you don't want, to the extent that you convince the people who can have the impact to do the thing that you do want them to do, which is the thing that they think you don't want them to do.
My point is simply this: We cannot assume that we are walking into some sort of petard, by virtue of our taking up our constitutional responsibility. This is not a trap. This is our responsibility, and we should not allow a Chief Executive Officer to convince us that we should do this because the Chief Executive Officer thinks that it would benefit him, when, in fact, the history of impeachment seems to provide evidence to the contrary.
The history of events is that Andrew Johnson did not get reelected after he was impeached.
And for those who have been in this debate about what happened with President Clinton, I assure you, his Vice President did not get elected. One would assume that the mantle would be passed on to the Vice President. Such was not the case. He was not elected.
There are those who would say: Well, but the House of Representatives--no, the House didn't change hands. The Republicans maintained control of the House of Representatives. Well, they lost some seats. Well, they did, but they still had 218 and they controlled the House.
The point is, you cannot assume that impeachment is going to be a benefit. As a matter of fact, it is an indelible stain on the record of the Chief Executive Officer. It would be forever known, whether he is removed from office or not, that this Chief Executive Officer was impeached. It will have an impact on the Chief Executive Officer's brand. This person will forever have the brand of an impeached Chief Executive Officer.
I am not saying you do it just to brand a person. I am talking about impeachment, because we would fulfill the responsibilities under Article II section 4, which indicate that the President can be impeached for high crimes and misdemeanors, bribery, treason. We would fulfill those responsibilities pursuant to Article II section 4.
In so doing, we would indelibly place the brand of impeachment on the Chief Executive Officer. Whether he is convicted and removed or not, he still suffers eternally throughout all of time the fact that impeachment was imposed upon him, which I think is an appropriate remedy. Even if we don't get a conviction I think we should let the world know that the House took up its responsibility. The House of Representatives did its job.
Of course, there is this notion now, another standard, that you have to have what I am calling a rock-solid case. I hear commentary that would lead me to believe that this has to be done only when you have evidence beyond all doubt; not a reasonable doubt, which is what we might have in court; not by clear and convincing evidence; clearly, not by the preponderance of the evidence, which is a very low standard, but beyond all doubt.
I am hearing persons speak such that one could conclude that if you didn't see it yourself, whatever the impeachable act is, that we need more evidence.
We have the Mueller report. We were told, let's wait for the Mueller report. We waited for the Mueller report. And then, well, we need to hear from Mr. Mueller. Mr. Mueller has spoken and has pretty much said: What you see is what you will get. He may ratify what is there, but it doesn't appear, based upon what I heard him say, that he will be giving nuanced testimony above and beyond what is contained in the report.
For those who want to hear from Mr. Mueller, I wouldn't get in the way of that. Let's have Mr. Mueller come and testify. But the truth is, the report, in and of itself, is evidence, because all of the statements contained in the Mueller report were taken from persons who were giving their testimony at the expense of committing perjury if they didn't give truthful statements.
So perjury was a consequence of giving an untruthful statement to the