The Hole in the Impeachment Case

Something is missing from the charges against Trump: An impeachable offense.

President Donald Trump
Contact Your Elected Officials

Thought experiment No. 1: Suppose Bob Mueller’s probe actually proves that Donald Trump is under Vladimir Putin’s thumb. Fill in the rest of the blanks with your favorite corruption fantasy: The Kremlin has video of the mogul-turned-president debauching himself in a Moscow hotel; the Kremlin has a bulging file of real-estate transfers through which Trump laundered racketeering proceeds for Putin’s favored mobsters and oligarchs; or Trump is recorded cutting a deal to drop Obama-era sanctions against Putin’s regime if Russian spies hack Democratic accounts.

Thought experiment No. 2: Adam Schiff is not a demagogue. (Remember, this is fantasy.) At the very first televised hearing, when he alleged that President Trump told Ukrainian president Zelensky, “I want you to make up dirt on my political opponent . . . lots of it,” Schiff was not defrauding the public. Instead, impeachment’s Inspector Clouseau can actually prove that Trump was asking a foreign government to manufacture out of whole cloth evidence that Vice President Biden and his son were cashing in on the former’s political influence (as opposed to asking that Ukraine look into an arrangement so objectively sleazy that the Obama administration itself agitated over what to do about it).

What do these two scenarios have in common, besides being fictional? Answer: If either of them were real, we’d already be talking about President Pence’s upcoming State of the Union address.

This is the point that gets lost in all the endless chatter over impeachment strategy and procedure. Everything that is happening owes to the fact that we do not have an offense sufficiently grave for invocation of the Constitution’s nuclear option. If we had one, the machinations and the posturing would be unnecessary — even ridiculous.

Why are we talking about how Chairman Schiff, Speaker Pelosi, and House Democrats rushed through the impeachment inquiry without making a real effort to interview key witnesses?

Why was the Democrats’ impeachment gambit driven by the election calendar rather than the nature of the president’s offense? Why were the timing of hearings and the unreasonable limits imposed on Republicans’ ability to call witnesses dictated by the frantic rush to get done before Christmas recess — to the point that Democrats cynically vacated a subpoena they’d served on a relevant administration witness, fearing a few weeks of court battles that they might lose?

Why did Democrats grope from week to week in a struggle over what to call the misconduct they accused the president of committing – campaign finance, extortion, quid pro quo, bribery? How did they end up with an amorphous “abuse of power” case? How did they conclude that an administration that goes to court rather than instantly surrendering potentially privileged information commits obstruction?

Why such tedious recriminations over adoption of Senate procedures that were approved by a 100–0 vote the last time there was an impeachment trial? Why all the kvetching over whether witnesses will be called when those procedures provide for the calling of witnesses in the likely event that 51 senators — after hearing nearly two weeks of presentation and argument from both sides — want to hear from one or two of them?

Why, with Election Day only ten months away, would Speaker Pelosi stoke an impeachment vote that could be perilous for many of her members, on the insistence that Trump was such a clear and present danger she could brook no delay, but then . . . sit on the impeachment articles for a month, accomplishing nothing in the interim except to undermine the presidential bids of several Senate Democrats, who will be trapped in Washington when they should be out campaigning with Iowa’s caucuses just two weeks away?

None of this would have happened if there had been a truly impeachable offense.

Read Entire Article on National Review

About the Author

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency. He served as an assistant U.S. attorney for the Southern District of New York.

Biden Doesn't Have Americans Best Interest At Heart