Monday, September 30, 2019
Brett Kavanaugh: The Deciding Vote on Impeachment?
Friends, Frank Miele at RealClearPolitics has a habit of churning out very thought-provoking, insightful articles. Check out his latest:
Miele makes a very good point that few pundits have raised: impeachment, like everything else Congress does or may do, is subject to judicial review. There's an old saying that a prosecutor can "indict a ham sandwich," which is a way of making the point that indicting someone (usually via a grand jury) is easy -- but convicting them in a court of law is hard. Impeachment is like an indictment. Congress can, by all appearances, impeach the President for ANY reason. Then there would be a trial in the Senate. As we all know, the Senate is virtually certain to lack the two-thirds majority required to convict President Trump...but the likelihood is that the matter will never get that far. First, the House Democrats would have to keep their nerve and pass articles of impeachment. Don't bet on that! Even if they did, as Miele points out, their actions would be subject to judicial review. The Trump administration could argue that the impeachment vote is null and void, because Congress did not impeach based on "high crimes and misdemeanors," but based on a strong dislike of Donald Trump, or based on a flawed process. Would the Supreme Court agree? Who can say, but it's possible, and given the dynamics of the court it would probably be the Left's bete noire, Brett Kavanaugh, who would cast the critical vote in any impeachment case... Wouldn't that be...poetic justice? Stay tuned!