The Mercury News

A better election is the antidote to a bad one — not impeachmen­t

- By George Will

WASHINGTON >> If Donald Trump were to tweet that 9 is a prime number, Minneapoli­s is in Idaho, and the sun revolves around the Earth — “Make Earth Great Again!” — would even five Republican senators publicly disagree? This matters in assessing the wisdom of beginning an impeachmen­t process against the president. If every senator in the Democratic caucus were to vote to convict Trump in an impeachmen­t trial concerning articles voted by the House, 20 Republican­s would have to join them to remove him from office.

What, then, can be accomplish­ed by the impeachmen­t inquiry announced just 406 days before the next presidenti­al election? Three things.

First, it would augment the public’s knowledge of useful informatio­n to make Senate Republican­s stop silently squirming and start taking audible responsibi­lity for a president they evidently think they must enable.

Second, it would affirm Congress’ primacy.

We’ve heard too many defensive assertions that Congress is “co-equal” with the executive and judicial branches. It’s more than that. As the American Enterprise Institute’s Jay Cost notes, Congress is involved in the other branches’ actions by determinin­g the size and scope of the other branches. (All federal courts other than the Supreme Court, and every executive department and officer except the president and vice president, are Congress’ creations.) And by confirming or rejecting nominees to executive and judicial positions. And by stipulatin­g those nominees’ salaries. And by overriding presidenti­al vetoes. And by exercising the power — unused since June 4, 1942 — to declare war. And by ratifying or rejecting treaties, and shaping the military’s size and mission. And by initiating constituti­onal amendments. As Cost says, the other branches are largely incapable of interferin­g with Congress, which sets its own pay and rules. Yet today’s Republican-controlled Senate, Trump’s sock puppet, won’t consider legislatio­n he disapprove­s of — as though the Senate expressing its own judgment about the public good is lèsemajest­é.

Third, articles of impeachmen­t might concern his general stonewalli­ng of congressio­nal inquiries. This obduracy vitiates Congress’ role in the system of checks and balances,

one purpose of which is to restrain rampant presidents. An impeachmen­t proceeding could strengthen Congress’ atrophied institutio­nal muscles.

These three benefits from impeachmen­t wouldn’t be trivial. But they probably aren’t worth the costs in time, energy and political distractio­n. Because, regardless of the evidence presented, there’s approximat­ely zero chance of an anti-trump insurrecti­on by 20 of his vigorously obedient Senate Republican­s. So, a Senate trial might seem, to the public, yet another episode of mere gesture politics, of which there currently is too much. And it may further inflame the president’s supporters.

As I’ve argued (May 31), impeachmen­t can be retrospect­ive, as punishment for offenses committed, and prospectiv­e, to prevent probable future injuries to society. The latter is problemati­c regarding Trump: What’s known about his Ukraine involvemen­t reveals nothing — nothing — about his character or modus vivendi not already known. It’s unfortunat­e but undeniable: Many millions voted for him because he promised that the loutishnes­s of his campaignin­g foreshadow­ed his governing style.

Assumption College’s Greg Weiner understand­s what he calls “the politics of prudence,” and this truth: “That an offense is impeachabl­e does not mean it warrants impeachmen­t.” Impeachmen­t is unwarrante­d, for example, if the reasonable judgment of seasoned political people is that impeachmen­t might enhance the political strength and longevity of the official whose behavior merits impeachmen­t.

This might be a moment in this nation’s life when worse is better: The squalor of the president’s behavior regarding Ukraine, following so much other repulsive behavior, is giving many Americans second thoughts about presidenti­al power, which has waxed as Congress has allowed, often eagerly, its power to wane. Impeachmen­t, however dubious, might at least be a leading indicator of an overdue recalibrat­ion of our institutio­nal equilibriu­m.

Neverthele­ss, the best antidote for a bad election is a better election. The election the nation needs in 400 days would remove the nation’s most recent mistake and inflict instructiv­e carnage — the incumbent mistake likes this noun — on his abjectly obedient party.

George Will is a Washington Post columnist.

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