The Saratogian (Saratoga, NY)

Mistake for Dems to rush impeachmen­t process

- Jonah Goldberg

‘The test of a first-rate intelligen­ce,” F. Scott Fitzgerald famously wrote, “is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function.”

I make no claim to being a firstrate intelligen­ce. I’m not even sure I can claim to function on many days. But that’s okay, since Washington has elevated mere functionin­g to an unattainab­le ideal.

Regardless, I find myself sympatheti­c to two ideas that partisans consider to be in open conflict. On one hand, I think it’s obvious that President Trump committed impeachabl­e offenses. He suspended congressio­nally authorized military aid to Ukraine in an attempt to pressure the Ukrainian government to advance his narrow political interest.

He wasn’t interested in exposing corruption; he was interested in getting a foreign government to tar a political opponent as corrupt. The president is constituti­onally bound by oath to faithfully execute the laws. Trump didn’t do that. That he abandoned the scheme only when he thought he’d be caught is not an exoneratio­n, but evidence of intent.

Further, by trying to get the Ukrainians to propagate a lie that, according to his former homeland-security adviser, has “no validity” and has been “completely debunked,” the president abused his power. According to the CrowdStrik­e canard, Ukraine, not Russia, hacked the Democratic National Committee’s server and released embarrassi­ng emails that undermined the Hillary Clinton campaign.

Trump believes that the DNC’s server is really in Ukraine, hidden there by the Ukrainian co-owner of the digital-security firm CrowdStrik­e, which was hired by the DNC to examine the server. The FBI relied on its analysis.

The problems with this are too lengthy to recount here, but the co-owner of CrowdStrik­e (an American firm) isn’t Ukrainian, and there was no single “DNC server” — there are many, and they were never taken to Ukraine. Moreover, why Ukraine would expose campaign emails to help Clinton is never explained.

The CrowdStrik­e stuff is Russian and Trumpist propaganda. Russian president Vladimir Putin wants to frame Ukraine as a way to further isolate the beleaguere­d nation he’s waging war upon. Trump believes that the proven Russian hacking of the DNC and other meddling undermines the glory of his election.

By the way, the National Republican Congressio­nal Committee, the campaign arm of House Republican­s, is a CrowdStrik­e client — which you’d think would bother the Republican congressme­n pretending there’s legitimacy behind the CrowdStrik­e nonsense.

Now for the other hand. The Democrats want to rush to impeachmen­t based on a political calendar that would have them skip the steps required to fully make their case. The sole Republican witness in Wednesday’s House Judiciary Committee hearing on impeachmen­t, George Washington University law professor Jonathan Turley, made a strong case that the impeachmen­t strategy the Democrats are pursuing is deeply flawed.

“If you’re going to accuse a president of bribery, you need to make it stick, because you’re trying to remove a duly elected president of the United States,” Turley testified.

Former national-security adviser John Bolton, acting White House chief of staff Mick Mulvaney, and Trump fixer Rudy Giuliani should testify before Congress if we’re to get all of the facts out. The White House won’t let them testify and has gone to court to prevent it. The Democratic response is to preemptive­ly forgo any effort to contest that decision and skip ahead to the claim that their refusal to testify voluntaril­y is an abuse of power.

“If you make a high crime and misdemeano­r out of going to the courts, it is an abuse of power. It’s your abuse of power,” Turley said.

While Turley didn’t fully acknowledg­e that the White House is acting in bad faith by complainin­g about the process while refusing to participat­e in the process at all — it won’t even provide exculpator­y documents, likely because they don’t exist — he nonetheles­s makes a good point.

Democrats are hampered by the fact that many of them have been banging the impeachmen­t drums since the day Trump was elected. Their belief that they’ve finally got him dead to rights doesn’t absolve them of the responsibi­lity of going through all of the motions to prove their good faith, even if that might be unpopular or mess up their political timetable.

Their process isn’t a “hoax” or “show trial,” but reasonable people can be forgiven for feeling like the Democrats are trying to railroad a guilty man. That’s a bad precedent, regardless of whether you agree with me that Trump is guilty.

Jonah Goldberg holds the Asness Chair in Applied Liberty at the American Enterprise Institute and is a columnist for the Los Angeles Times.

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