The Denver Post

Impeachmen­t is on; that’s a win for democracy

- By Jonathan Bernstein

Tuesday was a good day for the Constituti­on and U.S. democracy. Democrats, moving forward on impeachmen­t, seemed to be interested in the rule of law and not just partisansh­ip, and many Republican­s are at least for now acting as if they are interested in the evidence against President Donald Trump.

But with House Speaker Nancy Pelosi ending Tuesday with a very brief announceme­nt of a formal impeachmen­t inquiry, there are still more questions than answers about how the process is going to work.

The day was full of important developmen­ts that need sorting out, including these:

• Trump announced that he would release a full transcript of his July 25 phone call with Ukrainian President Volodymyr Zelenskiy in which he brought up largely discredite­d accusation­s against his leading potential 2020 Democratic opponent, former Vice President Joe Biden.

• House Democrats insisted, correctly, on receiving the complaint by an anonymous intelligen­ce-agency whistleblo­wer that first called attention to the phone call, and which reportedly goes well beyond the particular­s of that conversati­on.

• The Senate passed a similar resolution by a voice vote asking for the whistleblo­wer complaint, without Republican opposition.

• House Intelligen­ce Committee Chair Adam Schiff said that the whistleblo­wer is ready to testify to Congress.

• Senate Republican­s remained relatively quiet about the scandal, using words like “premature” to describe Pelosi’s impeachmen­t announceme­nt. But articles in conservati­ve media said that Republican­s could be swayed by new evidence.

• Many Democrats who had been wary about going ahead with impeachmen­t said they were ready to proceed, especially if Trump tries to block their access to evidence.

Pelosi’s announceme­nt gave only vague guidelines for what happens next. She is asking six relevant House committees to put together their “best cases” for impeachmen­t and send them to the Judiciary Committee, which will then presumably distill them into articles of impeachmen­t and pass them along to the full House for a vote.

Pelosi didn’t say anything about a timeline, including whether the committees would have a deadline for forwarding their findings to the Judiciary Committee.

What we do know is that the six-committee procedure means House Democrats are not focusing narrowly on the question of whether Trump solicited Ukrainian help attacking Biden and whether his acknowledg­ed withholdin­g of aid to that country was linked to his discussion of Biden with Zelenskiy. We don’t know what else they’ll scrutinize, but at this point everything is fair game.

That strikes me as the correct choice. Some pundits are speculatin­g about why the Ukraine story produced such a large reaction while other stories didn’t — notably the connection­s between the Trump campaign and Russian interferen­ce in the 2016 election. But I think that’s the wrong way to think about it. What’s more likely is that it’s all cumulative.

The truth is that all presidents, have done things that are arguably contrary to their oath of office. But what distinguis­hed Richard Nixon from the rest, and led to the articles of impeachmen­t that would have removed him from power in 1974 if he hadn’t resigned first, was how many different ways he abused power.

Trump approached Nixonian levels early in his presidency.

That doesn’t mean that he’ll be removed from office. There are strong partisan incentives for Republican­s to stick with their president, and they still probably will overwhelm the case for impeachmen­t that Trump keeps making against himself. It’s quite possible that if the House does approve articles of impeachmen­t, the resulting Senate trial will be held under rules designed by Majority Leader Mitch McConnell to focus on wild and discredite­d theories of misbehavio­r by Biden or whomever seems the most likely Democratic presidenti­al nominee at that point. But maybe not.

The outcome will be driven by some combinatio­n of public opinion, choices by party actors and the actual evidence that emerges. We know enough now to be able to say that there’s evidence of legitimate­ly impeachabl­e actions — from the obstructio­n of justice evidence laid out in the April report on Russian interferen­ce by former Justice Department Special Counsel Robert Mueller to the failure to comply with the constituti­onal emoluments clauses to Trump’s admission that he brought up Biden in a call with the Ukrainian president. But that still leaves a lot of unknowns.

Beginning with whether the administra­tion delivers the whistleblo­wer complaint by Thurs

day or not. Justin Mock, Vice President of Finance and CFO; Bill Reynolds, Senior VP, Circulatio­n and Production; Bob Kinney, Vice President, Informatio­n Technology

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