Impeachment Theater, 2017 Edition

English: Floor proceedings of the U.S. Senate,...
English: Floor proceedings of the U.S. Senate, in session during the impeachment trial of Bill Clinton. (Photo credit: Wikipedia)

As US president Donald Trump returned to the White House after a 12-day trip to Asia, he might be forgiven for wishing he’d spent more time seeing the sights of the Far East. Back home he faces a Republican Party torn by scandalous allegations against its candidate for US Senate from Alabama, a likely bruising fight over tax “reform,” and more of the constant nipping at his heels by “Russiagate” special counsel Robert Mueller.

Oh, and Articles of Impeachment introduced in the US House of Representatives on November 15 by several Democrats.

The charges: Obstruction of justice, violation of the Constitution’s “domestic emoluments” and “foreign emoluments” clauses, abuse of power (by “undermining the independence of the federal judiciary and the rule of law”), and undermining the freedom of the press.

Whether or not he’s guilty of one or more of those things will be decided by the US Senate as jury (a vote of 2/3 required to convict; the president’s party holds a slim majority in that body), in a trial with the Chief Justice of the US Supreme Court presiding.

Or, rather, it will be decided that way in the unlikely event that a simple majority of the House (the president’s party holds a less slim majority there) actually votes to impeach him.

If past performance an indicator of future results, performance — political theater — is really all we can expect here.

Two past presidents — Andrew Johnson and Bill Clinton — have been impeached. Neither was convicted. A third, Richard Nixon, might have been, but he resigned before the House could vote on impeachment.

Johnson was impeached on — and acquitted of — ten counts relating to his dismissal of a cabinet official without the Senate’s blessing and one count of making speeches that Congress found disrespectful, but one suspects his chief sin was being a Democratic vice-president when a Republican president was assassinated.

Clinton was impeached on — and acquitted of — two counts (perjury and obstruction) of which he was clearly guilty, relating to his affair with White House intern Monica Lewinsky, but again his real offense was political: He was a Democrat who’d won re-election against a Republican.

As much as one might like to think of the presidency and Congress as temples to civic virtue or arenas in which issues of great weight are disputed, Washington is in truth a lot more like a “professional wrestling” ring. It’s two gangs of boastful peacocks putting on a tag-team show. Washington’s rivalries may be more real but they’re no more momentous.

I’m hard put to think of a president who never took actions meriting impeachment. But impeachment isn’t about facts or evidence. It’s about political party. Which means that, for now anyway, Trump’s presidency is safe.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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The Honest Ads Act: “Fundamental Rights,” Real and Imagined

Ban Censorship (RGBStock)

Wikipedia defines “moral panic” as “a feeling of fear spread among a large number of people that some evil threatens the well-being of society” and notes that A Dictionary of Sociology attributes the cultivation of moral panics to “moral entrepreneurs and the mass media.”

We’re well into the second year of a moral panic drummed up by Democrats and “Never Trump” Republicans for the purpose of nullifying the outcome of the 2016 presidential election — removing US president Donald Trump from office, or making him a four-year de facto lame duck — by blaming his upset victory on “Russian meddling.”

But moral panics have multiple uses. As former Obama White House Chief of Staff Rahm Emanuel once said, “[y]ou never let a serious crisis go to waste. … it’s an opportunity to do things you think you could not do before.” This is as true of an artificial crisis as of a real one. Perhaps even more so, since real crises need to be dealt with, not just manufactured and hyped.

Karen Hobert Flynn of The Daily Beast reports that US Senators John McCain (R-AZ), Amy Klobuchar (D-MN), and Mark Warner (D-VA) are pushing something called “The Honest Ads Act.” The prospective law would burden web sites and social media networks with unconstitutional identity disclosure and disclaimer requirements like those currently covering political ads on radio and television.

Their excuse? Moral panic. “The Russians” pushed some cheesy political memes over social media last year. Obviously, “Hillary vs. Jesus” is what swung the election. And, Hobert asserts, Americans have a “fundamental right to know who is trying to influence our votes and our views on public policy.”

Well, no. Americans — and Russians — have a fundamental right to say what they want to say, with or without their names attached to it.

“Who the Author of this Production is,” reads an old political pamphlet, “is wholly unnecessary to the Public, as the Object for Attention is the Doctrine itself, not the Man.”

That old pamphlet is Common Sense, the manifesto of the American Revolution. We know its author’s name — Thomas Paine — now, but its first readers didn’t. From Cato’s Letters to The Federalist Papers, anonymous  and pseudonymous political speech defined early American free speech in  ideology and in practice.

There’s a right to speak. There’s a right to listen or not listen to what someone says. There’s a right to ask who’s saying it, and to condition one’s belief or non-belief on the answer. But that answer may be “none of your business,” and there’s no right to forcibly dictate otherwise.

Don’t let demagogues like McCain, Klobuchar, and Warner exploit the current moral panic to manufacture fake new rights at the expense of old real ones.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Election 2017: The Moore You Know …

Roy Moore
Former Chief Justice Roy Moore [official portrait, Supreme Court of Alabama]
It’s hard to be objective about Roy Moore. Ever since his days as circuit judge of Etowah County, Alabama, he’s been a hero to religious conservatives and the bane of civil libertarians. The former powered his two elections to the office of Chief Justice of the Alabama Supreme Court, on his promise to “return God to our public life and restore the moral foundation of our law.” The latter effected his two removals from that office over his insistence that his religious beliefs trump the law (including the US Constitution).

That Moore is one of America’s most controversial political figures shouldn’t distract us from the most obvious and important question concerning the latest controversy: Did he, as alleged in a Washington Post expose,  engage in sexual activities with a 14-year-old girl (and other minors) while he was a thirty-something prosecutor?

Moore’s enemies and the Democratic Party want it to be true. They weren’t able to beat him at the ballot box in either of his two runs for Chief Justice, or in this year’s Republican primary for US Senate. And removing a US Senator is harder than beating him in an election before he becomes one.

Moore’s supporters want it to be false — not just because election results depend on it, but because no one likes to learn he or she was conned by a supposed moral exemplar.

The Republican Party NEEDS the allegations to be false. Unless they collapse in a spectacular manner, the GOP loses. They lose a Senate seat if Moore loses the election. If he wins it, the party’s Senate majority is faced with the choice of seating him and thereby publicly owning his alleged sins, or refusing to seat him and facing the ire of his supporters. If the allegations stand up at all, that thin Republican Senate majority is in danger next November either way.

The most sickening aspect of this whole thing is that some of Moore’s supporters tell us the truth doesn’t matter — that it was a long time ago, that he isn’t accused of forcibly raping anyone, and that hey, the Virgin Mary was young too,  so no biggie. That dog won’t hunt.

I personally loathe Roy Moore, and don’t hold with a “presumption of innocence until the charges are proven beyond a reasonable doubt” standard when it comes to personal reputation. Public opinion is not a criminal court proceeding. My personal biases push me toward believing Moore’s accusers.

On the other hand, the timing is suspect. Why are we only now hearing things that, if true, would have sent him home in disgrace, possibly even to prison, at previous points during his long career?

That it took a personal scandal to slow Moore’s advance toward Capitol Hill is the real embarrassment here. Roy Moore should not be elected to the US Senate because he opposes the values the United States is supposedly founded upon. Hopefully Alabama voters will make the election about that and write in Libertarian candidate Ron Bishop.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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