As the year ends with an undelivered impeachment led entirely by House Democrats, both parties fighting over how a trial should be conducted with Senate Republicans in control, and the public still split on whether President Trump should have even been impeached in the first place, we have an opportunity to reflect on how we got here. How is it that after months of hearings in this proceeding the public remains so divided on the facts and standards advocated by our elected leaders in Washington?
Some contend the blame falls entirely with Trump, whose actions left Democrats no choice but to protect our election system and rein in an out of control president whose conduct was unacceptable, even if possibly not criminal. Trump supporters submit that years of witch hunt investigations left the Democrats and their media enablers crying wolf so many times that they no longer know what to believe. But in fact, this impasse is the result of decades of mixed messages and hypocrisy, which can be traced largely to how both parties handled the rise and fall of President Clinton two decades ago.
As the first Baby Boomer president, Clinton was marketed as part of a new moderate class of Democrats looking to lead the country after the Cold War. Rumors of marital infidelity were cast aside as irrelevant as a candidate, and Clinton rode savings from military cuts and a technology bubble to economic prosperity as president. When the Whitewater investigation led by Kenneth Starr came up empty on financial crimes but uncovered evidence of an affair with a White House intern, Democrats circled the wagons telling us that misconduct by Clinton was purely personal and should be forgiven. While there was no doubt that he broke the law by lying to a federal grand jury and tampering with witnesses, Democrats argued that his perjury and obstruction of justice were not enough to justify ejecting him from office.
Meanwhile, Republicans marched ahead with impeachment despite near universal opposition by Democrats and strong resistance from the public. Ignoring offers by Democrats to censure Clinton as an alternative course of action, Republicans stubbornly dragged the country through impeachment and a Senate trial destined for failure without garnering a majority much less the supermajority votes needed for removal. Clinton finished his second term more popular than ever.
In other words, Democrats convinced the country that “character does not matter,” impeachment must be bipartisan and popular, and not every crime justifies removing a president. Now, of course, all those positions have flipped. Democrats assail the character of Trump on a daily basis, they had no problem impeaching him despite the lack of Republican support, and they claim they have no prosecutorial discretion so must move forward knowing full well they lack the votes in the Senate for removal.
Not to be outdone, on the other hand, Republicans have also walked away from any semblance of consistency. While reasonable people can disagree on how bad the conduct of Trump on the Ukraine matter was, it is hard to deny it was seriously concerning if not outright impeachable. But the law and order party of Ronald Reagan has continuously proven unwilling or unable to exert any control over Trump, seemingly eager to forfeit the moral high ground for short term victories.
Where do we go from here? Speaker Nancy Pelosi should stop playing games and release the articles to the Senate for action at once. Majority Leader Mitch McConnell, on solid ground for insisting on the same process that governed the Clinton trial, took a big step back by then saying that the trial would be in “total coordination” with the White House. McConnell should retract that comment immediately, acknowledge that the conduct of Trump is at least worthy of serious scrutiny by Congress, and pledge to conduct a trial that will be fair to all sides. Both parties still have an opportunity to get this right, with House managers setting forth the evidence and arguments and the Senate hearing the case and voting on the fate of Trump.
We close the decade with a booming economy and a military force second to none, yet we face serious issues such as immigration policy, race relations, gun control, and the environment. Our elected leaders in Washington choose to play political games and apply whatever opportunistic positions suit them at the moment. It is no wonder that we have become numb to what they say, retreating to our respective party labels and those media outlets that repeat what we want to hear rather than the difficult truths we need to hear. This Trump impeachment is a mess, but it is also a chance for Republicans and Democrats to restore some of the credibility they have lost over the years. Let us hope they step up to the task in the new year.
- Joseph Morenois a former federal prosecutor at the Justice Department and a United States Army combat veteran. He currently practices law in Washington.
Thehill
