This Impeachment Won’t Work

This is not a column about impeaching our current president. This is a column about the impeachment process and the history of the legal route our nation is obliged to follow to oust a federal official.

In the 231 years since the U.S. Constitution was ratified, Congress has seriously considered impeachment only a handful of times, just 19 to be exact. Most of the cases involved federal judges accused of “high crimes and misdemeanors” like being habitually drunk, showing blatant favoritism on the bench, using the office to enrich themselves, committing perjury or filing false expense accounts or tax returns.  

Only three impeachment cases have involved a president. Andrew Johnson (1868) and Bill Clinton (1998) were officially impeached by the House of Representatives but acquitted during the required trial in the Senate. In 1974, Richard Nixon resigned ahead of his inevitable impeachment.

Pres. Andrew Johnson – First to be impeached by House – wiki

Note a gap of more than a hundred years between the Johnson and Nixon impeachment proceedings.  Today, many Americans are old enough to be enduring the third painful presidential impeachment drama in their lifetime:  Nixon, Clinton and now Trump.

The point of this little history lesson is that impeachment has been – and should be – used sparingly, to address the most flagrant and egregious cases. It should be employed for only serious crimes like treason, bribery and those aforementioned (and vaguely worded) high crimes and misdemeanors. The Founding Fathers did not intend for the process to be undertaken to settle political scores. And impeachment was never supposed to be used as a devise to undo a lawful presidential election.

It is clear that many citizens do not embrace the current occupant of the White House as “their president.” They recite a laundry list of complaints and insist that real election justice lies in the popular vote, but it does not. That is not the way our system was set up.

There were multiple reasons for establishing the Electoral College in 1787 but, simply put, it was so that states with the biggest populationsCalifornia and New York for example (which traditionally vote democratic) – could not dictate the winner for the entire country. One need only look at a modern day color-coded map of the United States to see that traditional republican red states dominate, yet blue democratic states, mostly on the eastern and western coastlines, have more population.

Blue States = Democratic and Red States = Republican – wiki

In a time when so many progressive thinkers shun everything “big”, like corporations, banks and pharmaceutical companies, it is a puzzlement why “big states” get a pass.

There have been efforts over the last decade to do away with the Electoral College. In fact, there are bills currently pending in the House and Senate, both introduced by democrats. Democrats are still stinging over Electoral College wins by republicans in 2000 (George W. Bush over Al Gore) and 2016 (Donald Trump over Hillary Clinton).  That said, if the republican presidential candidates had twice lost in the Electoral College it is likely members of the GOP would be just as upset with the system.

But back to impeachment.  For as much unhappiness as there has been over many of our current president’s words and actions, the latest being his telephone interaction with the president of Ukraine, Trump’s ultimate removal from office seems unlikely.

The democratically led House of Representatives will probably vote to impeach Trump, after expending much time, effort and many taxpayer dollars. But then the republican led Senate will conduct a trial to determine whether the president should be removed from office. At this point it seems unlikely that the Senate will do that. Unless some unforeseen explosive development in the Ukraine uproar arises this president will follow in Presidents Johnson and Clinton’s footsteps and simply go back to work, continuing his most unconventional ways.

History is a great guide if we only take time to study it. In 1868, President Johnson was accused of ignoring the will of Congress, and its Tenure of Office Act, by firing his Secretary of War. The House voted to impeach, the Senate did not agree to any of the 11 articles of impeachment. Johnson remained in office.

Clinton, circa 1992, escaped removal from office – wiki

In 1998, President Clinton faced 11 impeachable offenses. The House approved two, lying under oath and obstruction of justice. Both counts had to do with Clinton’s sexual relationship with intern Monica Lewinsky. Again, the House voted to impeach but, interestingly, the republican led Senate didn’t muster the two-thirds votes needed to remove the democrat Clinton from office.

It will take time for our current political drama to play out and anything can happen.  But, sadly, in the meantime our most urgent problems go unaddressed. I don’t know about you but I’d much rather the Congress use my taxpayer dollars on something definitive and positive like lowering prescription and health care prices; better services for abused children, the elderly and veterans; improved roads and bridges; more accessibility to college education and criminal justice and sentencing reforms.

I’m betting you would too.

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30 Comments

  1. Diane Dimond on October 7, 2019 at 1:59 pm

    Reader Ken Earle writes:

    You have really missed the boat on this one. “…our most urgent problems go unaddressed…” At last count the Democratic House has sent about 250 bills to the Senate for their action. Very few if any have been brought to the Senate floor, they are buried in Moscow Mitch’s graveyard! Where is your outrage about the lack of Presidential or Senate action on “…lowering prescription and health-care prices, better services for abused children, the elderly and veterans, improved roads and bridges, more accessibility to college education and criminal justice and sentencing reforms…” and who knows how many other subjects. How many “Infrastructure Weeks” has Trump proclaimed with nary a new dollar introduced? What about the Republican Party’s 8 year campaign to do away with ACA/Obama Care? Yet they have never introduced a comprehensive health care plan of their own.

    Second and an important point of history that you missed: one reason for the electoral college was that the South, which had lesser population than the North, wanted to protect slavery. The South needed a weapon to combat the electoral majority of the North that would have eventually had a popular vote victory to outlaw slavery. Instead the Nation suffered through 75 years of tyranny of the minority and a Civil War costing nearly a million lives and billions of dollars. You can make a case for the Electoral College but you cannot explain away the Tyranny of the Minority to avoid the point that the Electoral College thwarts the majority rule.

    Third, “…high crimes and misdemeanors…” There is no nothing in the Constitution, no law or written regulation that protects the President from criminal prosecution. Were it not for a suspect letter in the AG’s office, Trump would be standing before the dozen or so valid charges outlined in the second book of the Mueller Report. Is a dozen not enough for you? There are more coming, it is Trumps moral nature that there are many more…

  2. Diane Dimond on October 7, 2019 at 1:59 pm

    Reader Robert Dunlap writes:

    As always, your columns published in the Albuquerque Journal are a high point on their editorial page!

    It would be a great column if you would write about the disgust my friends and I feel about the Washington Merry-Go Round
    (to quote one of your early colleagues)–we see our “Honorables” spending all their time wrangling instead of doing the job we elected them to do. That is–to legislate resolutions to the real problems the country is facing.

    I won’t list the many things that really need action–you know them well.

    Can you write about getting the Congress to do its job?!!!!!!

  3. Diane Dimond on October 7, 2019 at 2:50 pm

    Reader Michael Austin writes:

    Absolutely correct we never remove our Presidents from office Trump will be The Republican candidate in 2020

  4. Diane Dimond on October 7, 2019 at 2:50 pm

    Reader John Bisney writes:

    Don’t you mean that conviction won’t happen? Impeachment is essentially a done deal.

    • Diane Dimond on October 7, 2019 at 2:50 pm

      Diane Dimond replies:

      That’s right. Just like Presidents Johnson and Clinton the HOUSE may vote for impeachment (at last count I’m not sure all the votes are there yet) – but removal from office is determined by a SENATE trial. It is clear Democrats want Trump out…but the SENATE will never go along at this point – thus my title, “This impeachment won’t work.”

  5. Diane Dimond on October 8, 2019 at 11:36 pm

    Reader Sunrise Sunset@SunriseSunset7 writes:

    Clinton did not deserve to be impeached..he just got caught at what other Presidents have done..big deal…BUT PSYCHO TRUMP is destroying air,land,sea,wildlife..and is doing his best to lie,cheat his way into a DICTATORSHIP!

  6. Diane Dimond on October 8, 2019 at 11:38 pm

    Reader Billy Martin@_billy_martin writes:

    Impeachment isn’t a tool opposition parties have made a *habit* of using. It’s only been used 2 times on a presidency. That’s it. Not much of a tool, really.

    • Diane Dimond on October 8, 2019 at 11:40 pm

      DD replies:

      As the column states impeachment has been undertaken against a president 3 times. Johnson, Nixon and Clinton. Now with the actions against the current president that would be #4. Three of the four impeachment efforts have been undertaken in my lifetime. ~ DD

  7. Diane Dimond on October 8, 2019 at 11:43 pm

    Reader Brian Fejer@FejerBrian writes:

    Here in reality, our leaders take an oath to uphold and protect the U.S. Constitution, from enemies, both foreign and domestic. Congressional oversight, is neither treason, or a Coup D’Etat, or a reason to fight a second civil war!

  8. Diane Dimond on October 12, 2019 at 4:48 pm

    Reader Lee Gordon writes:

    You cite three examples, two of which — Johnson and Clinton — that failed, and one — Nixon — that didn’t happen. But it was that third one that actually did succeed. Not an impeachment, but the threat of one, accomplished the goal of removing a corrupt president from office. Nixon was politically savvy enough to see the writing on the wall and resigned, rather than put the country (and himself) through the ordeal. I don’t believe Trump is nearly as self-aware.

  9. Diane Dimond on October 12, 2019 at 4:50 pm

    Reader Barbara Jane Sowak writes:

    Diane Dimond I can’t agree with you more. This is the Mueller report all over again.

  10. Diane Dimond on October 12, 2019 at 4:50 pm

    Reader Roberta Glassman writes:

    I think he will resign

    • Diane Dimond on October 12, 2019 at 4:56 pm

      Steve Liddick replies to Roberta Glassman:

      It would be the only way he could get pardoned by Pence. But it would be a last-minute thing even if his ego would permit it. Meanwhile he can do a lot more damage

  11. Diane Dimond on October 12, 2019 at 4:51 pm

    Reader Tom Cobin writes:

    Please allow me to keep up our tradition of courteous but challenging discourse.
    You contradict yourself: “will never go along” is, by definition, NOT “at this point.” A lot can (and, I hope, will) change between “this point” and trial in the Senate. Public opinion is already making seismic shifts as details emerge.
    And, honestly, this “politically savvy” viewpoint — shared for a hesitant Nancy Pelosi — infuriates me. It is a cop-out lame excuse, a tempting trick to coerce honorable Democrats to shirk their sworn duty.
    Here’s what I say: investigate and impeach away, and let Americans know the truth. If predictions of Republican sycophancy hold true, then let them be held accountable on Election Day for their complicity in the corruption of American government.
    If voters condone GOP refusal to remove Trump from office, then we are doomed. But forcing them to show their true colors through trial in the Senate is the only way the system of government created by the Founders of this country can hope to survive.

  12. Diane Dimond on October 12, 2019 at 4:54 pm

    Reader Tina DiNapoli writes:

    Diane Dimond, Pelosi took a vote before deciding to make it official. They have enough votes in the House to impeach him.

    • Diane Dimond on October 12, 2019 at 4:55 pm

      DD replies toTina DiNapoli,

      Well, if she DID take a vote it wasn’t an open vote on the house floor. That said I’m sure she conducted a poll of her membership to see if they were on board….But members of BOTH PARTIES too often lockstep with their leadership. That democrats are behind the impeachment move comes as absolutely no surprise. Many of them wanted to impeach him as soon as he was elected. Please do not construe this as an endorsement of Trump…it is NOT….just the facts.

  13. Diane Dimond on October 12, 2019 at 4:55 pm

    Reader Jeff Gold writes:

    When the president gave over the partial transcript which largely proved solicitation of a bribe, the Dems got their permission slip to impeach. I’m not as sure as most that the Senate will acquit. That depends upon what more comes out by then.

  14. Diane Dimond on October 12, 2019 at 4:57 pm

    Reader Ken Minyard writes:

    Impeachment will happen. Conviction won’t.

  15. Diane Dimond on October 12, 2019 at 4:59 pm

    Reader Pam Scott writes:

    I honestly think they should stop pretending this is an inquiry. What is really going on here is they are trying to overturn an election that was lost by the Democrats. I never knew that they were to never be denied a Presidential win. That if you voted for Trump and were against their candidate you were stupid. It seems as if they are terrified if they don’t do something else to discredit him, he will be reelected. The process is so skewed and he is being denied due process by having everything in secret.
    Do people really think after the last 3 years of a Russia conspiracy that has been discredited that people are okay with this? Trump willingly handed over a transcript for transparency and I believe they never expected that. They can trot out a 100 WhistleBlowers and it changes nothing in that transcript. I say take a vote so they can have more of an equal playing field. I can’t wait for the IG and Durham report and I’ll bet this farce is suppose to water down what they found out.

    Rob Halper replies to Pam Scott:

    Nobody is trying to overturn an election, one Trump lost by 2.5 million votes. The impeachment is about illegal activities, abuse of power and obstruction of justice. If you look at his foreign policy it is pro-dictatorship. When was there a sea change to make Russia our friends while we insult and abandon our allies? Just because Barr mischaracterized the Mueller report doesn’t mean that there was no Russian interference. He said it out loud, inviting them to investigate Hillary’s server, when his entire administration uses personal servers.

    • Diane Dimond on October 12, 2019 at 4:59 pm

      Rob Halper replies to Pam Scott:

      Nobody is trying to overturn an election, one Trump lost by 2.5 million votes. The impeachment is about illegal activities, abuse of power and obstruction of justice. If you look at his foreign policy it is pro-dictatorship. When was there a sea change to make Russia our friends while we insult and abandon our allies? Just because Barr mischaracterized the Mueller report doesn’t mean that there was no Russian interference. He said it out loud, inviting them to investigate Hillary’s server, when his entire administration uses personal servers.

  16. Diane Dimond on October 12, 2019 at 5:02 pm

    Reader Bill McColl writes:

    This is 1998 redux. Republicans were fat and happy after controlling the White House for 20 of the past 24 years and then Clinton rained on their parade in 1992. They got especially grumpy when he won so easily in 1998 and they didn’t like it one bit…They got especially grumpy when he won so easily in 1998 and they didn’t like it one bit. So they found an answer with trumped up (pun intended) charges that really didn’t come close to impeachable offenses. It’s the same here. Democrats have had a bee in their bonnet about Trump from Day 1, and they’ve talked about impeaching him even before the election. When did Rep. Al Green put out the first House effort to impeach– something like 9 months after he took office? And how many times did we have that Democrats tell us they would have “proof” Trump should be removed from office (James Comey, Paul Manafort, George Papadapoulos, Stormy Daniels, Michael Cohen, Rod Rosenstein, Bob Mueller and on and on). This is just a continuation of that. And yes, you all are right– we’ll get the vote in the House and nothing in the Senate. And nothing done in Washington to actually improve things for us.

    • Diane Dimond on October 12, 2019 at 5:03 pm

      Reader Wendei Melnick Smith responds to Bill McColl:

      While I agree with you that he won’t be removed from office I do believe the impeachment in the House DOES need to happen. Our founding fathers built this in for exactly the reasons the inquiry is taking place. Clinton was impeached for far less – he lied to congress and the country about a blow job – if we don’t impeach over Trump lying about far worse things then why do we even have this checks and balances system in place. Nixon would’ve been impeached and most likely removed from office had he not resigned – again far worst than the charges brought against Clinton. Lying to Congress and the country should never just be accepted as normal.

  17. Diane Dimond on October 12, 2019 at 5:06 pm

    Wendei Melnick Smith replies to Bill McColl:

    While I agree with you that he won’t be removed from office I do believe the impeachment in the House DOES need to happen. Our founding fathers built this in for exactly the reasons the inquiry is taking place. Clinton was impeached for far less – he lied to congress and the country about a blow job – if we don’t impeach over Trump lying about far worse things then why do we even have this checks and balances system in place. Nixon would’ve been impeached and most likely removed from office had he not resigned – again far worst than the charges brought against Clinton. Lying to Congress and the country should never just be accepted as normal.

    • Diane Dimond on October 12, 2019 at 5:06 pm

      Gordon Cucullu replies to Wendei Melnick Smith:

      Clinton was impeached for perjury and obstruction. Had nothing to do with the sex with the intern. Clinton lost his law license and was censured as a result. This move against Trump is simply an unwillingness to admit that the left lost an election. And I’m happy they are pushing this because it will guarantee they’ll lose the next one too, plus lose the House. Go for it.

    • Diane Dimond on October 12, 2019 at 5:06 pm

      Wendei Melnick Smith replies to Gordon Cucullu:

      This has absolutely nothing to do with retribution for winning the election. We were hoping he’d become presidential once in office and that he’d really help unite us.

  18. Diane Dimond on October 12, 2019 at 5:09 pm

    Reader Michael Lange writes:

    He’s just threatened to destroy a country’s economy “if they do anything he considers to be off limits”. Maybe just go directly to the 25th Amendment.

  19. Diane Dimond on October 12, 2019 at 5:13 pm

    Reader Patti Petow writes:

    You said, “I don’t know about you but I’d much rather the Congress use my taxpayer dollars on something definitive and positive like lowering prescription and health care prices; better services for abused children, the elderly and veterans; improved roads and bridges; more accessibility to college education and criminal justice and sentencing reforms.” I agree with that and none of those things will ever improve or happen as long as that Red CooCoo Bird remains in office. Out before 2020, I say

  20. Diane Dimond on October 12, 2019 at 5:13 pm

    Reader Paul Glidden writes:

    Unemployment is at 3.5%. The perception is that the economy is strong– I doubt anyone wants to jeopardize that by removing Trump.

  21. Diane Dimond on October 12, 2019 at 5:14 pm

    Reader Chris Wilkinson writes:

    With all due respect Diane Dimond Johnson was charged with High Crimes and Misdemeanors for replacing a war secretary with out consent of Congress.. Clinton lied to Congress.. Neither committed Treason.. if Congress had done their job instead of letting him run rampant in the beginning.. we wouldn’t be here.. I can’t stand Trump.. but none of this is good for this Country.. and it’s not going to turn out well I’m afraid.

  22. Diane Dimond on November 7, 2019 at 12:35 pm

    Creators Syndicate Reader Benabeth writes:

    Just a few things. Johnson was impeached because he wasn’t Lincoln! Although he followed Lincoln’s plan for reconstruction, Johnson was a southerner and a target. He was saved by one vote in the Senate. Clinton’s perjury was over Paula Jones and the Little Rock grand jury. He lied under oath, odd since he taught constitutional law at UAR for a year. Anyway, I don’t remember reading a political column from you before but this one is excellent, it really is, and my degree is in history and I know research when I see it.
    I look forward to more of the same from you.

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