There is no better encapsulation of the difference between the two American political parties than this: Republicans start from the presumption that “treason” and “spying” will be prosecuted without evidence, while Democrats start from the presumption that only once they have seen all the evidence of everything ever, they might conclude that some further investigation is warranted.
Donald Trump leads deranged stadium rallies in chanting “lock them up” without even specifying who committed what crime. Democrats, faced with a case of what would be felony obstruction of justice but for a legal guidance against prosecuting a sitting president, insist that they cannot initiate impeachment proceedings because they need to gather more information.
This isn’t a new problem. Those who feared that the Mueller Report would never be the smoking gun Democrats were dreaming of warned that limiting the scope to criminal obstruction and illegal “collusion” needlessly blocked out a massive range of criminal and impeachable offenses committed by Trump and his confederates.
For House Speaker Nancy Pelosi, political calculus continues to take precedence over the rule of law. That position is becoming more and more untenable, as cracks appear in the Democratic front and even a Republican member of Congress is able to point out what is right in front of us. “Mueller’s report reveals that President Trump engaged in specific actions and a pattern of behavior that meet the threshold for impeachment,” GOP Rep. Justin Amash understands what is obvious to anyone who has read the Mueller report in good faith: We have more than enough data to name and investigate the crime. Amash has been joined by a fistful of renegade Democrats who are finally content to say “we know enough.” If not enough to impeach, then at least enough to initiate an inquiry.
The problem is that if congressional Democrats refuse to see the big picture, after the staggering proof put forth in the Mueller report, the daily reports of gross financial misconduct and corruption, and the administration’s growing refusal to accede to any form of congressional oversight, one has to wonder what hypothetical evidence might persuade them that, um, CRIMES.
Perhaps some belief in Trump’s infamous boast that he could stand in the middle of Fifth Avenue and shoot a man without losing support has spooked Democrats to the point of paralysis. The reality is that Democratic Leaders on the Hill know what criminal obstruction looks like, they’re just too terrified to say so. At any rate, I would stay off of Fifth Avenue.
The other problem is that House Democrats want to look like measured and rational adults in the face of the biggest toddler tantrum ever witnessed in presidential history, one in which the Constitution is being re-purposed as a diaper. But as any parent or even uncertified Red Cross babysitter will tell you, every time you decline to impose consequences, you move the line for acceptable behavior a little further.
Mueller is himself trying to look measured and rational by demurring from testifying. Looking adult and rational in the face of abject insanity is not always synonymous with bravery, especially when the other side is shouting TREASON and LOCK THEM UP and INVESTIGATE THE INVESTIGATORS.
“But wait!” Democratic leadership might say. “What’s the downside of these drawn-out court fights brought on by what is itself impeachable conduct?” (See: Article III of the Nixon impeachment articles). The downside is the appearance that there is virtually nothing Trump could do to trigger an impeachment proceeding, something Trump sees, relishes, and will bank on in whatever he does next.
Democrats who say they want to focus on the economy, or the 2020 elections, or other “kitchen table” issues give up more and more authority to the reckless, power-snatching Gröpenführer by the day. By attaching no real consequence, they are essentially telling the country that Steven Mnuchin can keep defying House subpoenas of the president’s tax records and Donald McGahn can keep refusing to testify on obstruction of justice.
In ceding that power to Trump, who already believes himself to be all-powerful, they’re making it so.