Partisan politics is a disaster these days. And it’s just… tiresome. We would all like nothing more than to never hear another word about previous administrations and just move on towards a better future. I can easily envision a political party just making a big show of impeaching for no reason other than to rile up its base and engage in more political warfare. In that case, I would be right there with you, wanting it all to – just – go away.
However, in this case there is a good reason for impeachment. People (and most often the party being impeached) like to forget that impeachment isn’t a criminal trial at all. Sure, it is structured like one – the rigid structure is required as an attempt to reduce partisan hackery.
Here’s the thing though… I’m not sure you can get Trump with the criminal charge of incitement of a riot. Not because he didn’t do it, but because that particular charge runs in direct opposition to freedom of speech (specifically political speech). The courts will take great care not to set precedent against free speech.
Imagine if the President addressed the nation wearing a “Camp Auschwitz” t-shirt, a hat that says “Abortion: Just Do It” and holding a “God Hates Fags” sign from the Westboro Baptists. None of that is a crime. It is all expressly allowed as freedom of speech. However, the country has a process in place to kick a President out of office for being terrible at his job. (See “President’s Defenders Distort…” or “Misconceptions About High Crimes…” below)
Okay, but why even bother impeaching him now? He is already out of office?
- To officially rule that his behavior was unacceptable.
- So that those in the future know to stay away from that line.
- To ensure he cannot run for office again.
- So taxpayers don’t pay him $1 million a year to support his failing businesses.
- So his son doesn’t pick up the same playbook with the same lies and make a mockery of our country again in 2024.
Because if we DON’T impeach him. We show every person that comes after just how much you can openly lie, manipulate, sow division, and get away with it. Regardless of whichever party is in power, that future President can point back to this event and say, “it was fine when Trump did it.”
For more reading…
- “No, President Trump Can’t Pardon Himself“
– The Washington Post - “The Case for Consequences“
– Vox - “Can a Former President Be Impeached and Convicted?“
– Lawfare - “The Constitutional Case for Impeaching Donald Trump (Again)“
– Just Security - “An Originalist Case for Impeaching Ex-Presidents“
– Shugerblog
- “Misconceptions About High Crimes and Misdemeanors“
– The Atlantic - “The Second Trump Impeachment: What Happens Next?“
– Constitution Daily - “The President’s Defenders Distort the Impeachment Clause“
– Just Security - “Impeaching Donald John Trump“
– H.Res.24 - “The Conservative Case for Impeaching Donald Trump Now“
– The Washington Post
