Post # 368 MULLING OVER IMPEACHMENT (Editorial)

We are abjectly remorseful about being reoffenders, recidivists, concerning the several breaches of an earlier resolve. Our resolve was to resist all future inclination to post, on the subject of our miscreant and unprecedented, aberrant head of State. We have, nonetheless, reluctantly and apologetically, done so, but, in mitigation, only when events were so detestable and bizarre, that refraining to do so, would be wrongful, as akin to the historically verboten, “Sin of Silence.”  The present conundrum relates to the best action to take, responsive to the President’s wide variety of miscreant behavior (some, possibly as serious as treason). The same has now been confirmed by, among other things, no less than the (two years in the making) Official Report, of the duly appointed Special Investigator.

The U.S. Constitution, Article II, Section 4, provides, that a sitting President can be removed, (but) only in the following manner. The Lower House of Congress files charges, an “Impeachment” amounting to “High Crimes and Misdemeanors,” committed by the President (analogous to a grand jury indictment). After which, the charges set forth in the Impeachment, are tried before the Senate (analogous to a Criminal Court).

There has been an understandable and passionate outcry, for immediate impeachment, emanating from many Democratic Members of the U.S. House of Representatives, and a truly sizeable number of private citizens; maintaining that the arrogant, lawless President should be sanctioned and removed from office to affirm our laws and traditional codes of morality. Nonetheless, as set forth, below, the issue is whether it is wise at this time, to initiate the factually supported and meritorious process, a procedure which would, predictably, pass the Lower House, which contains a Democratic majority

It seems relevant to that issue, to enumerate the following two cogent considerations, (1) the controlling political party in the Senate, is the President’s party, the Republicans, and (2) the next Presidential election is no later than 2019.

Certain sage and experienced Members of Congress, notably including, the Speaker of the House of Representatives, Nancy Pelosi, are of the opinion, that we should not mount such a proceeding at this time. Her decision, as we apprehend it, seems to be that a present proceeding, albeit, clearly justified and meritorious, would help President Trump. It would necessitate a long (one year?) procedure, during which the Orange Demagogue would be allotted significantly more neurotically desired, television exposure, and may be able to convince some uninformed voters, that the Official Proceedings were, as fantasized by him, “a witch hunt”, in an attempt to re-litigate his election victory.

We too, have become impatient for justice, respecting this singularly obnoxious, unfit, dishonest head of State, yet, we feel, tactically obliged to agree with Speaker Pelosi. An impatient desire to see this charlatan punished, in order to summarily, reaffirm the rule of law and morality, could end badly. His purported posture as a victim of the political left, may find some acceptance, in some uninformed quarters. Trump has been divisive enough; his face has imprinted itself on the television tube, far too often. Congress would be further diverted from passing needed legislation, the international relationships with other heads of State and Countries, would be completely ambiguous (they are bizarre and unclear enough, already), the Nation could find itself vulnerable, due to perceived legal doubt created as to meaningful executive actions, and, finally, procedurally, because the Senate, being Republican, would never convict him.

The vindication of morality and the rule of law, under the present circumstances, must, necessarily, await a bit more time than our appetite for rectitude might prefer. America has another election in 2020, and this embarrassing miscreant can then be voted out. In any event, patience, will in this matter, go far to assure justice. A Trump communicated perception of a “bum’s rush,” may favor that oily demagogue, in his faux claims of political jealousy. While the Department of Justice will not indict a sitting President, they can, indeed, be effective in fully prosecuting him, when he is no longer in office (many of his crimes have a five- year statute of limitations). The understandably impatient citizen, should temper his desire for immediate justice, with the realization that there are years in which to legally indict and try Trump, when he is out of office. An improvident and impatient desire to (justifiably) punish Trump can result in his re-election and the consequent renewal of his period of Presidential immunity.

With regard to society’s demand for a public, principled and timely statement of the universal need for universal conformance with law and approved behavior, respectable American citizens have already rendered their decision, concluding that he is guilty of high crimes and misdemeanors, and can wisely, and tactically, endure awaiting the appropriate time for criminal action and just punishment.

-p.

Published by

plinyblogcom

Retired from the practice of law'; former Editor in Chief of Law Review; Phi Beta Kappa; Poet. Literature Student and enthusiast.

One thought on “Post # 368 MULLING OVER IMPEACHMENT (Editorial)”

  1. On this issue you are right once again. You’re on a roll. Fake News and Witch Hunt are becoming accepted memes. Muller , after failing to find compelling evidence of collusion or obstruction creatively posited a new standard of exoneration. To convict Trump of something, we are willing to ignore, innocent until proven guilty. The Senate will never convict Trump. The process of impeachment will guarantee Trump’s Re-election. Interestingly, Impeachment might result in a SCOTUS definition of High Crimes and Misdemeanors.

    Like

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