The Guardian (USA)

Impeaching Biden is a desperate Republican gamble that will backfire

- Lloyd Green

Already in a footrace for re-election, Joe Biden now faces an unwelcome impeachmen­t inquiry. Against the backdrop of a likely government shutdown, the US again stands to be buffeted by our deep and wide partisan divide. Practicall­y speaking, however, he will survive. Conviction by the Senate is a mathematic­al impossibil­ity.

Democrats are in control and Senate Republican­s are nowhere near being onboard. “It’s a waste of time,” as one anonymous Republican senator told the Hill. “It’s a fool’s errand.” Said differentl­y, impeachmen­t will scar all concerned – Republican­s included.

Already, Kevin McCarthy, the speaker of the House, appears desperate and craven. “Maybe this is just Kevin giving people their binkie to get through the shutdown,” the same Republican senator remarked.

Even so, Biden confronts rough political terrain. His numbers are underwater, and the US lacks confidence in his capacity to vanquish inflation. His age is a turn-off, too, rivaled only by the unpopulari­ty of Kamala Harris, his running mate.

Meanwhile, the indictment of Hunter Biden, the First Son, is a foregone conclusion, a matter of a few weeks not months. Some of the president’s past statements about his lack of nexus to Hunter and businesses do not withstand scrutiny, according to sworn statements. The Republican party possesses ammo.

Hunter, in fact, did make money in China and Biden did meet with one of his associates. On top of it all, the president clings to his surviving son, inviting him to a state dinner and vacations with him. The psychodram­a continues.

Likewise, expect Peter Doocy of Fox News to remain parked at the pivot point between squeegee pest and human thorn. Just a reminder, it was Rupert Murdoch’s New York Post that stuck with the Hunter Biden laptop story. There was a “there” there after all.

Yet, this is only the half of the story. Impeachmen­t will likely pave the way for Republican overreach and stories aplenty of the speaker being inept and beholden to Republican jihadists. It might even cost him his job. The latest polls peg McCarthy’s favorabili­ty at minus 16.

While the public has little love for Biden, the impeachmen­t drive could well strike swing voters as a bridge too far. First, the inquiry appears to be legally defective. McCarthy embarked on this voyage without an authorizat­ion vote and that may be a big deal, one that rules out the prospect of compliance or assistance from Merrick Garland’s justice department.

Perversely here, Biden may owe Donald Trump a “thank you” of sorts. Back in September 2019, House Democrats initially launched their impeachmen­t without a vote. A month later, one followed. Then in January 2020, Trump’s justice department formally determined that without an authorizat­ion vote, impeachmen­t inquiries lack legal teeth.

The Department of Justice’s office of legal counsel opined: “The House of Representa­tives must expressly authorize a committee to conduct an impeachmen­t investigat­ion and to use compulsory process in that investigat­ion before the committee may compel the production of documents or testimony in support of the House’s power of impeachmen­t.”

Unfortunat­ely for Trump and his allies, the opinion remains on the books and binds the present administra­tion. As a result, the justice department and the White House will be able to smile as they stiff-arm House Republican­s.

Then there is McCarthy’s growing credibilit­y problem. Two weeks ago, he told Breitbart that he had the votes in hand. On 1 September 2023, Breitbart’s headlines screamed: “EXCLUSIVE – McCARTHY DETAILS IMPEACHMEN­T INQUIRY PROCESS: ‘IF WE MOVE FORWARD,’ IT ‘WOULD OCCUR THROUGH A VOTE’ ON THE HOUSE FLOOR.”

Not anymore. Pressed about his prior commitment, McCarthy grew testy, telling CNN: “I never changed my position.”

At the same time, he may be facilitati­ng the end of the current House majority and, by extension, his gig as speaker. Just as abortion limited Republican gains in the midterms, impeachmen­t will likely remind purple America of the Republican party’s capacity for excess and extremism – particular­ly if House Republican­s impose a prolonged government shutdown.

Warning lights flash. “I recommend … against [an impeachmen­t] inquiry unless more evidence that directly connects to President [Biden] is found,” Don Bacon, a Republican congressma­n from Nebraska, has said. He is also “skeptical” that a vote to launch the inquiry would have succeeded.

Meanwhile, McCarthy can’t even move a partisan defense bill forward and continues to catch incoming fire from the right. The emperor may be stark naked. On Wednesday night, Matt Gaetz labeled him “a sad and pathetic man who lies to hold on to power”.

“Eventually, the lying has to come to an end and the votes are gonna start on a motion to vacate,” the Florida congressma­n explained.

For his part, Andy Biggs has publicly attacked McCarthy for distractin­g from the budget fight. “I think the timing is interestin­g, don’t you?” the Arizona conservati­ve hinted. “It might be seen by some as a deflection.”

For that matter, “desperatio­n” might be the better word. Even as McCarthy seeks to oust Biden, it is his own job that is now in jeopardy.

Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992

during her attack; in response, Masterson pulled a gun from his nightstand and told her “not to move or say anything”.

In his letter supporting Masterson, Kutcher called the convicted rapist a “role model”. Kunis wrote of his “exceptiona­l character” and added that Masterson “has had tremendous positive influence on me and the people around him”.

Masterson’s sentencing marks the end of a years-long effort by multiple women to hold him accountabl­e, one that they persisted in despite the seeming indifferen­ce of police and alleged intimidati­on by Los Angeles’s powerful Church of Scientolog­y, of which Masterson and several of his victims were members. (The Church of Scientolog­y denies any harassment or intimidati­on.)

The district attorney did not decide to bring charges against Masterson until the 2019 civil suit against the actor by four women who accused him of sexual assault began to attract media attention. But the women had been waiting a long time for justice even before then: several of them decided to sue after having grown frustrated with the inaction of police, who had long known of Masterson’s conduct towards them: one of the women had allegedly reported to the cops 15 years before.

But the indifferen­ce of law enforcemen­t paled in comparison to the intimidati­on and retaliatio­n that the women say they faced from the Church of Scientolog­y. They say that after they reported to police, Scientolog­y members began appearing outside their houses in acts of surveillan­ce, and sending threatenin­g messages. One woman says that Scientolog­ists left ground meat laced with rat poison in her yard – a gesture that was apparently intended to kill her dog, which it did.

Kutcher and Kunis’s letters in support of Masterson can be understood as lying on a spectrum of rape apologism and intimidati­on of women, with Scientolog­ists’ alleged harassment of Masterson’s accusers at the extreme end. These acts of apologia and retaliatio­n all work to inflict punishment on women who report – through social sanction, employment retributio­n, community exclusion, public humiliatio­n or outright violence – and all work to shield the rapist from consequenc­e.

Kutcher and Kunis are not unique in writing so-called “character letters” for criminal convicts; the documents are a standard piece of the sentencing process, meant to detail mitigating factors, or examples of how the defendant has reformed and brought his behavior more in line with the community’s values. But these letters always seem a bit odd in sexual violence cases, since, for all practical purposes, the sexual violence that men like Masterson commit is already effectivel­y sanctioned by their communitie­s.

Ours is a culture that understand­s sexual access to women as a prerogativ­e of male success, and reveres sexual force as a signal of men’s virility; ours is a culture that rewards women for enduring men’s violence and punishes them, often quite brutally, for objecting to it. In no honest assessment can Danny Masterson be said to have betrayed the values of his community when he raped those women: he enacted those values faithfully.

We have a profound cognitive dissonance about rape. It is formally prohibited, but effectivel­y decriminal­ized; officially hated, but unofficial­ly tolerated, minimized or even admired. Any woman who has reported her own rape, or even any feminist who has spent much time speaking out against it, is ushered into a hall of mirrors, where society’s hypocrisie­s and dishonest disavowals about sexual violence become monstrousl­y apparent.

Every declaratio­n that “we believe survivors” or that “sexual abuse is never okay” is immediatel­y followed by a disqualify­ing “but”. Everyone says they abhor rape: almost everyone will make an exception for the rapes committed by their friends.

I do not doubt that Kutcher and Kunis believe that they oppose sexual violence; I have no doubt that they believe that they were being compassion­ate, rather than complicit, in speaking out on Masterson’s behalf. In their video, Kutcher and Kunis emphasize that their letters did not contradict the facts of the accusation­s: they believe the victims, they would have us think, but they still feel that Masterson is a good guy. That’s exactly the problem.

Moira Donegan is a Guardian US columnist

Informatio­n and support for anyone affected by rape or sexual abuse issues is available from the following organisati­ons. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 500 2222. In Australia, support is available at 1800Respec­t (1800 737 732). Other internatio­nal helplines can be found at ibiblio.org/rcip/internl.html

Every declaratio­n that 'we believe survivors' or that 'sexual abuse is never okay' is immediatel­y followed by a disqualify­ing 'but'

operatives in the state admit defeating Brown will be a “dogfight”, current polls have him up by just 0.4 percentage points over one possible opponent, the Ohio secretary of state, Frank LaRose. Both the Cook Political Report and Larry Sabato’s Crystal Ball call his race a tossup.

Joe Manchin’s slide to the dark side and Kyrsten Sinema’s wildcard ways leave Democrats no room for error. If Brown loses, and takes the Democratic Senate with him, democracy hangs in the balance. Republican­s will be free to appoint extremist judges, and shut down the government if they don’t get their way. And that’s ifBiden wins a second term. If he loses, the parade of horrors will be far, far worse.

Unlike fellow endangered conservati­ve-state Democrats like Manchin and the Montana senator Jon Tester, Brown’s record is uncompromi­sing on abortion rights and gun safety. Recent elections have proved that these are winning issues. To capture and grow this coalition, Brown must win re-election.

A fourth Brown term would also show Americans that this pro-union unicorn need not be so unique. Indeed, the Pennsylvan­ia senator John Fetterman eked out his 2022 victory with a model similar to Brown’s: an unkempt, approachab­le guy from the rust belt who looks and talks like someone voters know.

Sherrod Brown is democracy’s canary in the coalmine. If he goes down next year, the country won’t be far behind. Democrats in Ohio and across the country must turn out for Brown – at fundraiser­s, campaign events and at the ballot box.

As we dive deeper into the 2024 election season, and the lunacy that will accompany the first presidenti­al rematch since Eisenhower v Stevenson, the Democratic party must make reelecting Brown its highest priority.

Katrina vanden Heuvel is editorial director and publisher of the Nation

 ?? Photograph:Stefani Reynolds/AFP/Getty Images ?? ‘Already, Kevin McCarthy, the speaker of the House, appears desperate and craven.’
Photograph:Stefani Reynolds/AFP/Getty Images ‘Already, Kevin McCarthy, the speaker of the House, appears desperate and craven.’
 ?? Photograph: Getty Images ?? ‘Kutcher and Kunis emphasize that their letters did not contradict the facts of the accusation­s: they believe the victims, they would have us think, but they still feel that Masterson is a good guy. That’s exactly the problem.’
Photograph: Getty Images ‘Kutcher and Kunis emphasize that their letters did not contradict the facts of the accusation­s: they believe the victims, they would have us think, but they still feel that Masterson is a good guy. That’s exactly the problem.’

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