To Impeach or Not To Impeach? That's a Question?

For the vast majority of the public who probably doesn’t know that there is going to be a 2nd Impeachment trial of ex-President Trump, it might be useful to know that there is a big debate about is it important or relevant to go through the trouble of an Impeachment trial. [Note: If you are not familiar with an caustic sense of humor, or have judge my attempt as a failure, my apologies.] Some people think it is unconstitutional to impeach an ex-President, or that it is a bad idea (politicians will use the term: ‘precedent’). Some people believe that it is a foregone conclusion, that due to the partisanship in the Senate, Trump will not be impeached. [Note: The interpretation of being “acquitted” will be argued in perpetuity.] Some will argue that other various dimensions that pertain to the issue bear on what the proper answer is to the question of Impeachment itself and Trump’s guilt or innocence; and oddly, some of the normal recourses we expect from America’s judicial system just will not or do not apply. So, how should the question of “Should we have an Impeachment Trial?” be answered? The politicians and political parties will give us their answers. Logically, one side or the other should be right; but that’s just because even politicians can flip a coin. [Note: the coin reference here is a metaphor for the Senators’ partisan alignment. {Note: Note: There may be the occasional Senator who’s coin flips on some other basis that overrides the partisan principle.}] And of course, the lawyers on each side will argue why their positions is the right one. What I am presenting here are the reasons that there ought to be an Impeachment Trial whether it is a preordained outcome or not. Some of these reasons have not been nor will they be raised by the politicians, the legal teams, the news media, or by the plethora of legal scholars, political commenters or editorial boards that analyze and render judgement on the theatrics that play out over the following month or so. One reason to conduct an Impeach Trial of an ex-President is to settle the issue which all the experts have argued over for a while now just on it’s Constitutional legitimacy. This is important because everyone has an opinion, particularly the politicians. Now, here are the problems with the current situation. Are Senator’s opinions a determining factor in whether something is Constitutional? I am not asking if they are right or wrong on their opinions. I have already covered that one side is logically right and the other is wrong. But having an opinion informed by whatever basis they may have or means that they use, is not the same as having a ‘determining’ basis for the decision? The answer to this lies in the Constitution, which delineates the determining authority that the Senate and the House have in deciding what is or is not Constitutional the current moment in time. At this point I would hope it is absolutely clear who decides the Constitutional issue, and who do not. Leaving this question unanswered does not serve the nation’s interests and provides a continued lack of clarity on this question. This continued ambiguity is not good for the nation, as it doesn’t provide a clear regulation and punishment for Presidents who are less than able to adhere to American values. A second reason to conduct an Impeachment Trial is to establish an historical record on not just the general question of “Can you Impeach an ex-President?”, but on the more salient question: “Did President Trump incite a riot, insurrection or attempt to violate our Constitutional laws?” The reason for completing the trial is to make the outcome an “on record” determination. It allows the nation to not just see how the system works, but provides the basis for how history will know how to view the events and actors in question. To let these events pass into history as an uncompleted task just leaves to many lose ends and does not put anyone’s position to the test. It also prolongs the potency of the issue which is a disadvantage for the nation. Trump won’t be convicted but the record will be on the books, and the impact and implications for future American Presidents and politicians will also be much clearer. It could serve as the basis for action; if of course, our elected leaders are unlikely to be able to comprehend and conceive of what such appropriate and much needed actions those would be.

The third reason for the Impeachment Trial, is that the American public should be able to decide what they think about the decisions of those we have elected warrant. Not conducting the trial would allow politicians to yet again be able to say what they think folks want to hear without demonstrating a clear and unquestionable proof of what their judgement is/was. The historical record should be a major part of their legacy for future citizens to see. Just as we look back on prior eras and try to view the actions of past politicians and our American society from the privileged lens of the future.