I did it again. This should have posted tomorrow morning. Sorry.
This week saw the start of the public phase of the House Impeachment process. Media outlets–left, right and center–have reported on testimony, the behavior of various Representatives, the White House and a multitude of partisans. Still other outlets have reported on those reports.
In other words, there has been a lot of noise. Amid the clamor, though, I think Josh Marshall has made the most incisive observations.As he points out, the question commonly asked is whether the Democrats can make their case convincingly to the American public. And as he also points out, that really isn’t the question.
What’s really being asked is whether Democrats will be able to convince not the American people but Republican partisans and more specifically congressional Republicans. And that is by design an all but impossible standard because they are deeply and unshakably committed to not being convinced.
This is not only the obvious verdict of the last three years. It’s even more clear with the questions which have emerged since September. Congressional Republicans have hopped from one argument to another: from no evidence of wrongdoing, to the wrongdoing is actually fine, to a rearguard action against a corrupt process. The chaos of arguments has zero logic or consistency beyond the simple and overriding one: of refusing to accept that the President did anything wrong no matter what evidence emerges and simply use whatever argument is available to justify that end.
Marshall is right. The pundits who are evaluating the Democrats’ “performance” by their success in moving immovable Republicans are applying a ridiculous standard. As he says, no sane person willingly plays a game or has an argument or even wages a war in which the adversary gets to decide who wins or loses.
That not only guarantees failure it breeds a a sense of helplessness and mawkish begging. It demoralizes supporters and puffs up opponents with a sense of unmerited power.
Public opinion surveys show the public is already pretty well convinced even in advance of public hearings. Overwhelming numbers see this kind of extortion and foreign election interference as wrong. Similar numbers believe the President did these things. Even in advance of public hearings roughly 50% of the voting population already supports the extreme step of removing the President from office – something that hasn’t happened in almost a quarter of a millenium of American history.
Marshall points out that the evidence of illegal behavior and abuse of power is already overwhelming. Damning testimony has come from Trump’s own appointees, and to the extent details are still missing, it’s because Trump has kept people who could fill in the blanks from testifying.
Certainly it is important to air the evidence publicly, clear up good faith confusions and nudge as many people who believe the President did something wrong but are hesitant about the upheaval of impeachment in the direction of supporting impeachment and removal. But the basic case simply makes itself. The evidence is overwhelming.
His conclusion–with which I entirely agree–is sobering.
It’s not the Democrats who are on trial here, needing to prove themselves with some magisterial performance. Indeed, it’s not even really the President whose guilt is obvious and not even questioned with serious arguments. Who and what is on trial here is the Republican party, which has made it pretty clear that they are willing to countenance any level of law breaking and abuses of power so long as it is done by a Republican or at least as long as it is Donald Trump.
The Democrats’ job is to lay out the evidence in a public setting and get elected Republicans to sign on the dotted line that this is presidential behavior they accept and applaud. That won’t be difficult. They have one last chance to change their answer. Democrats real job is to clarify and publicize that that is their answer.
This isn’t pollyannish. It is simply recognizing the nature of the crisis in which the country finds itself and avoiding nonsensical, bad-faith exercises that can only end in frustration. The aim for Democrats is to set forth, calmly and clearly, what the Republican party accepts and what it is and consolidate the non-Republican, non-authoritarian nationalist vote which supports the rule of law and the constitution. Since the GOP is self-indicting, President Trump will almost certainly not be removed from office and these questions, properly set forth, will go before the people in one year.
What We The People do then–and the margin by which we do it– will tell us who we really are.