Liberals seem to think that the pathway to impeaching Donald Trump is as simple as walking from one room of your house to the other.
As a matter of fact, they are resting on a very thin wave that could come apart on them at any moment.
It’s assumed at this point that the impeachment of President Donald Trump is a fait accompli.
No matter what kind of exculpatory evidence might come out between now and the end of the impeachment inquiry, po-faced Democrats will all vote to deliver articles of impeachment to the Senate where, it’s assumed, a trial designed as an elaborate campaign advertisement will ensue.
However, this is all predicated on an assumption that may not actually come to pass. There’s a nuclear option that hasn’t yet been considered: What if there isn’t any trial?
That sounds counterintuitive. After all, if there’s an impeachment, there’s got to be a trial, right? Well, not exactly. Generally speaking, if you’re following the established procedure, that’s what happens.
But here’s the thing: None of this has followed the established procedure.
The Democrats’ kangaroo court has been an insult to both courts and kangaroos. Republicans’ ability to ask questions was limited and they lacked subpoena power. The hearings were held behind closed doors and selective leaks were designed to give the impression that the evidence being given was far more damning than it actually was.
Now we have open hearings in the House, except the primary difference is that the thumbs are on the scales of justice publicly as opposed to privately. And you know what? Nobody in the media seems to particularly care.
So, about that nuclear option. If the de facto indictment is a joke, why even bother with a trial?
But the Senate has to take it up if the House chooses to impeach, right? Well, that’s not what the Constitution says.
Article I, Section 3 of the Constitution says, “The Senate shall have the sole Power to try all Impeachments.” Notice, however, it says nothing the Senate having to take up impeachment. From what we can infer, that’s at the sole discretion of the upper chamber.
That’s apparently the opinion of former acting Attorney General Matt Whitaker, who doesn’t think the Senate needs to take the issue up even if the House decides to impeach the president.