With some exceptions, pundits and politicians alike are, for the most part, stifling meaningful discussions about impeachment, choosing instead to dwell on the electoral ramifications of impeachment rather than upon the dangerous impact of a lawless Chief Executive on the Rule of Law.
In  a nutshell, this is the awful truth today: at last count, Obama has committed over 52 manifestly impeachable offenses. (See my previous OPINERLOG posts dtd  8/1/11 and 1/9/13 for an explanation of what our Founders defined as an impeachable offense.) However, without a knowledgeable, fully engaged and appropriately incensed electorate which insists upon the Rule of Law, there is insufficient support for impeachment. It's that terribly simple. Knowing this and for purely political reasons, the Democrats are now cynically attempting to rouse their electoral and donor base by warning them about "bogus", "contrived", "grand-standing", "groundless" impeachment efforts emanating from the bogeymen on the right. And without adequate public support for impeachment, Republicans are now compelled to embark on a less confrontational, less politically suicidal, albeit untried, course of action, that being to sue Obama in a court of law.
Talk about a ruinous equation: an ignorant and apathetic electorate + a lawless Chief Executive + a politically weakened/undermined Congress = Tyranny.
Though impeachment is THE constitutional remedy to Executive overreach, in the absence of public support for such a remedy, and with their future Senatorial political fortunes at stake, Republicans simply have no reasonable recourse but to sue. And, quite naturally, the Democrats are demeaning that remedial effort as well. 
To my knowledge, Congress's suing a Chief Executive on the grounds that he has violated the Constitution and the separation of powers doctrine clearly breaks new constitutional ground. And who really knows how it will all play out.
Let's say the court accepts the case and rules in favor of Congress. A long shot, but a possibility. Then what? Since the court has no executive authority, it's ruling would be just that--a ruling without teeth, but, presumably, with some measure of moral authority. Given that scenario, it can only be hoped that Obama would relent. But, if he doesn't back off, then what? In that case, my guess is that public support for impeachment might well appreciably increase, thus, perhaps, persuading Obama to back off. But, what if Obama still doesn't back off even then? 
The political gamemanship and wonky calculations aside, when the Chief Executive overreaches his Art II constitutional authority--something Obama clearly has done--thus violating his oath to preserve, protect and defend the Constitution of the United States, our Founders would have quickly and unreservedly counseled impeachment and removal. In the absence of impeachment, the Founders, to a man, would have encouraged the States and We the People to take all appropriate remedial actions to stop Executive overreach in order to defend our Liberty and our Republic.
As originally designed, we must always bear in mind that determining what is and what is not constitutional rests ultimately with the People. Thus, the burning question becomes this: what will the People and the States, their immediate fiduciary agents, do to restore constitutional order if Obama--or any lawless Chief Executive in the future--cannot be effectively checkmated and stopped by impeachment? The constitutional options are crystal clear: Civil Disobedience, Nullification, Secession, Rebellion. Of course, the People are certainly within their power to simply yield to the lawlessness, a predilection, I'm afraid, which, among too many Americans today, is becoming more and more apparent.

We have over two more years ahead of us to somehow contend with this runaway, transformational Chief Executive. Will he be effectively reigned in before being permitted to plunge the country into chaos, dictatorship or disunion? As God is my judge, I simply do not know how to answer that troubling question. But, disturbingly, the vision of a compliant, shackled American population continues to assail my thoughts.

Personally, whatever remedial actions espoused by our Founders which will restore constitutional order and the Rule of Law is fine by me and should be single-mindedly pursued by us all. But, why do I again feel like a majority of one.

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LIGHTER SIDE

 

Political Cartoons by AF Branco

Political Cartoons by AF Branco

ALERT ALERT

Horrible: Democrats Set The Constitution On Fire With Fraudulent Impeachment

House Democrats unveiled two articles of impeachment against President Donald Trump on Tuesday morning after an investigation that violated fundamental provisions of the Constitution and the Bill of Rights.

The investigation of the president began with the complaint of a so-called “whistleblower” who turned out to be a rogue Central Intelligence Agency employee, protected by a lawyer who had called for a “coup” against Trump in early 2017.

Democrats first demanded that the “whistleblower” be allowed to testify. But after House Intelligence Committee chair Rep. Adam Schiff (D-CA) was found to have lied about his committee’s contact with the “whistleblower,” and after details of the “whistleblower’s” bias began to leak, Democrats reversed course. In violation of the President Trump’s Sixth Amendment right to confront his accuser, Democrats refused to allow the “whistleblower” to testify. They argue the president’s procedural rights, even if they existed, would not apply until he was tried in the Senate — but they also invented a fraudulent “right to anonymity” that, they hope, might conceal the whistleblower even then.

Schiff began the “impeachment inquiry” in secret, behind the closed doors of the Sensitive Compartmentalized Information Facility (SCIF) in the basement of the U.S. Capitol, even though none of the testimony was deemed classified. Few members of Congress were allowed access. Schiff allowed selective bits of testimony to leak to friendly media, while withholding transcripts of testimony.

Speaker of the House Nancy Pelosi (D-CA), having allowed the secret process to unfold, legitimized it with a party-line vote authorizing the inquiry. The House resolution denied President Trump the procedural rights enjoyed by Presidents Richard Nixon and Bill Clinton, and denied the minority party the traditional right to object to witnesses called by the majority.

Rather than the House Judiciary Committee, which traditionally handles impeachment, Pelosi also deputized the House Intelligence Committee to conduct fact-finding; the Judiciary Committee was turned into a rubber stamp. Schiff held a few public hearings, but often failed to release transcripts containing exculpatory evidence until after they had passed.

In the course of the Intelligence Committee’s investigation, Schiff quietly spied on the telephone records of his Republican counterpart, Ranking Member Devin Nunes (R-CA). He also snooped on the phone records of a journalist, John Solomon; and on the phone records of former New York City mayor Rudy Giuliani, acting as President Trump’s personal lawyer.

Schiff’s eavesdropping violated both the First Amendment right to press freedom and the Sixth Amendment right to counsel. Yet he proceeded undeterred by constitutional rights, publishing the phone logs in his committee’s report without warning, confirmation, or explanation, alleging that Nunes and the others were part of a conspiracy to assist the president’s allegedly impeachable conduct. When Republicans on the Judiciary Committee asked the Intelligence Committee’s majority counsel, Daniel Goldman, to explain the phone logs, he refused to answer,

Ironically, Schiff had done exactly what Democrats accuse Trump of doing: abused his power to dig up dirt on political opponents, then obstructed a congressional investigation into his party’s and his committee’s misconduct.

Democrats’ articles of impeachment include one for the dubious charge of “abuse of power,” which is not mentioned in the Constitution; and one for “obstruction of Congress,” which in this case is an abuse of power in itself.

Alexander Hamilton, writing about impeachment in Federalist 65, warned that “there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” Democrats have fulfilled Hamilton’s worst fears.

The Trump impeachment will soon replace the 1868 impeachment of President Andrew Johnson — which the House Judiciary Committee staff actually cited as a positive precedent — as the worst in American history.

In service of their “coup,” Democrats have trampled the Constitution and the Bill of Rights. The Republic has never been in greater danger.

You don't get to interrupt me

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