Nancy Pelosi's great impeachment charade

For the first time in U.S. history, and unbeknownst to most Americans, the U.S. Senate has 101 members, not 100.  Rep. Nancy PelosiNancy PelosiCongress affirms Biden win after rioters terrorize Capitol Third House lawmaker tests positive for COVID-19 this week West Virginia legislator livestreams himself joining mob at Capitol: report MORE, a Democrat representing California’s 12th Congressional District, has apparently anointed herself as California’s third U.S. Senator.  She also collects a paycheck as Speaker of the U.S. House of Representatives.

Speaker Pelosi has decided to dictate how the Senate should handle President TrumpDonald TrumpTrump acknowledges end of presidency after Congress certifies Biden win Congress affirms Biden win after rioters terrorize Capitol Third House lawmaker tests positive for COVID-19 this week MORE’s trial.  She refuses to transmit to the Senate the two articles impeaching Donald Trump that the House voted on Dec. 18, 2019. Her reasons for delaying are murky.

The Speaker has said that she wants to ensure a fair Senate trial before transmitting the two articles. There’s also speculation that her delay may encourage a few Senate Republicans to complicate Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellCongress affirms Biden win after rioters terrorize Capitol Congress rejects challenge to Arizona's presidential vote White House aides head for exits after chaos at Capitol MORE’s (R-Ky.) plans to coordinate the Senate trial closely with the White House.

GOP Sens. Lisa MurkowskiLisa Ann MurkowskiHere's why Manchin, Romney and Collins are about to wield serious Senate power How Biden can repair the rocky road Trump left behind Republican infighting on election intensifies MORE (Alaska) and Susan CollinsSusan Margaret CollinsHere's why Manchin, Romney and Collins are about to wield serious Senate power How Biden can repair the rocky road Trump left behind Republican infighting on election intensifies MORE (Maine) have already expressed concerns over McConnell’s plans, and Speaker Pelosi surely wants to encourage more potential Republican defections.

The U.S. Constitution, however, is clear: the House is solely responsible for impeaching a president; the Senate is solely responsible for conducting a trial presided over by the Chief Justice of the United States. With the House vote completed, Speaker Pelosi’s impeachment role is over.  

The House vote was partisan: 230 Democrats favored impeachment on Article I’s “abuse of power” charge, while 195 Republicans and two Democrats voted against Article I; 229 Democrats favored impeachment on Article II’s “obstruction of Congress” charge, while 195 Republicans and three Democrats voted against Article II. On both articles, three members of Congress did not vote, and one member voted “present.”

The premise of Article II’s obstruction charge is that the president withheld evidence and testimony from the House impeachment proceedings.  When Richard Nixon tried a similar tactic, the House took him to court, and the U.S. Supreme Court ultimately ordered him to produce his White House tape recordings.

In today’s situation, one rationale for not litigating President Trump’s alleged congressional obstruction was the need for prompt action. House Democrats would have been on firmer ground had they not rushed on Article II but, instead, chosen to pursue their allegations in the federal courts.

Whatever you think of Donald Trump’s conduct, Speaker Pelosi’s delay lacks merit. The rationales offered by House Democrats for their comparatively hasty proceedings are that President Trump (1) represented a serious, continuing national security threat, and (2) was likely to seek foreign interference in this year’s congressional and presidential elections, as he allegedly did in 2016.  So why the sudden brakes?

What happens next is solely up to McConnell and his fellow Senate Republicans. Here are two suggestions for McConnell.

First, call Pelosi’s bluff. Announce that nothing further will happen in the Senate until the impeachment articles arrive. This approach means no negotiations whatsoever with Senate Minority Leader Chuck SchumerChuck SchumerCongress affirms Biden win after rioters terrorize Capitol Cori Bush introduces legislation to sanction, remove all House members who supported election challenges Pelosi and Schumer call on Trump to demand all protesters leave Capitol MORE (D-N.Y.). Absent the impeachment articles, there’s nothing to discuss. And the longer Pelosi delays, there’s a greater likelihood that the Senate trial will crowd out news about the Democratic presidential candidates before next month’s Iowa caucuses.

Second, once the articles arrive, call Schumer’s bluff. Pelosi and Schumer want witnesses to testify at the Senate trial.  Schumer has listed four witnesses: former National Security Adviser John BoltonJohn BoltonFive foreign policy plums ripe for Biden's picking Trump calls Bolton 'one of the dumbest people in Washington' after former aide weighs in on martial law report Trump downplays impact of hack, questions whether Russia involved MORE; acting White House cshief of taff and OMB Director Mick MulvaneyMick MulvaneyTop Melania Trump aide Stephanie Grisham resigns Trump condemned for mob actions at Capitol GOP lawmakers plead for calm, urge Trump to help restore order amid Capitol violence MORE; Mulvaney’s OMB colleague Michael Duffy; and Robert Blair, an assistant to the president and Mulvaney adviser.

If McConnell agrees that the Democrats can call four witnesses, then McConnell and Senate Republicans should call their own four witnesses: the unnamed “whistleblower,” whose allegations launched the Trump impeachment process; former Vice President Joe BidenJoe BidenTrump acknowledges end of presidency after Congress certifies Biden win Congress affirms Biden win after rioters terrorize Capitol Here's how newspaper front pages across the world looked after mobs stormed the Capitol MORE, and his son, Hunter Biden, whose actions relating to Ukraine were part of the substantive concerns explored in the House Intelligence Committee and Judiciary Committee proceedings; and Rep. Adam SchiffAdam Bennett SchiffHere's why Manchin, Romney and Collins are about to wield serious Senate power Five things to watch during Electoral College battle Pelosi names House Democratic leaders for Electoral College debate MORE (D-Calif.), who played a leading role orchestrating the House investigations.

As the old saying goes, justice delayed is justice denied. President Trump is entitled to a prompt and fair trial before the Senate. He believes that he’s done nothing wrong. Moreover, the American people need the facts in order to move beyond the current impasse.

Absent some future Nixon-type smoking gun, the Senate will acquit President Trump. Ten months from today, voters will decide whether Donald Trump deserves a second presidential term. So let’s have more, not less information. Give the president a fair trial, then let the American people have the final say.

Charles Kolb served as Deputy Assistant to the President for Domestic Policy from 1990-1992 in the George H.W. Bush White House.