The quandary:
Impeachment is more appropriate than ever in history, but polls show it unpopular so far and there’s fear of exoneration through Senate acquittal. What should the House do? They are continuing committee investigations, but they are not coordinated, and they are stymied by Trump’s obstruction, which complicates and delays the process. Contempt is difficult, lengthy, and hard to enforce. Right now, Democratic strategy seems haphazard or torn between the unnecessary duality of impeach or not. There are alternatives.
Asymmetric politics is playing out at its most lethal: One side plays by the rules and one side plays Calvinball. Even Republicans who play by the rules, like Mueller, are overrun by the likes of Barr who smirk and piss on the rules.
But there is one place where the Democrats make all the Rules: The House of Representatives. And they don’t need to break the rules and norms like the Republicans do because the Rules give them great leeway. They need to take and hold the limelight, and they can.
My proposal:
Hold highly visible hearings by a “Supercommittee” called The Committee for the Rule of Law (the “CRL”). As the House Majority, the Democrats can put on whatever proceedings they want. They need to put on a comprehensive, compelling show informing the public why Trump has no business being in the oval office.
The CRL would be co-chaired by the heads of Judiciary, Oversight, Intelligence, Ways and Means and Banking and would include select members from each Committee and others.
Ground Rules:
- The CRL will hold hearings each week on a different way Trump has abused the rule of law. E.g., “obstruction week,” “collusion week;” “emoluments week”
- The Chair of the appropriate Committee presides over the most relevant topic for his/her area; e.g., Schiff for Russia/Collusion; Nadler for Obstruction; Waters for Bank Fraud/Money Laundering. For some weeks, there are co-chairs from other committees.
- Subpoena or call all relevant witnesses
- Have testimony by those who appear
- Through statements by the Chair, highlight the absence of those barred by Trump illustrated by blow ups of the subpoenas and evidence of relevance of testimony (e.g., if McGhan is barred; use blow-ups of his Mueller Report testimony, and his picture). If Mueller is barred, enact his report using visuals of the people quoted or referred to.
- Pursue subpoenas in Court or through contempt, but don’t let the stonewalling delay the Rule of Law Committee proceeding for even a day.
- Jerry Nadler is overall Chair (“Chair di Tutti Chairs”)
- Use Trump videos as much as possible (Lester Holt admission; Charlottesville; — i.e., use “the worst of Trump” on video)
- Other Committees push popular legislation while this is happening (healthcare, etc.). highlight House votes on big issues.
- Don’t take vacations — keep the momentum going.
Proposed Theme Weeks
- Intro: What is “The Rule of Law”? — Videos, including Lindsey Graham from 1998-99 on the rule of law.
- Week One: Russia/Collusion — Schiff Chair
- Week Two: Failure to take action v. Russia threat to 2020; Schiff and Elliot Engel
- Week Three: Obstruction -— Nadler Chair
- Week Four: Emoluments -— Cummings Chair
- Week Five : Bank Fraud/Money Laundering -— Waters Chair
- Week Six: Taxes/false financial information -— Neal Chair
- Week Seven: Sexual Assault -— Waters and Jackie Speier
- Week Eight: Incitement of extremism — Cummings and Bobby Scott
- Week Nine: Reckless climate change actions and inaction -— Nadler and Raul Grijalva
At the end of the hearings (2-3 months?) gauge public opinion about impeachment. If the needle has moved toward it substantially, do it. If public opinion strongly supports it, Senate acquittal will not be seen as exoneration, but will be a stain on those who vote to acquit, especially vulnerable Senators like Gardner (CO). If the needle has not moved substantially, don’t impeach, but follow through on contempt and other obstruction.
Make sure other committees are having hearings on substantive issues both during and after the Rule of Law Committee. Push popular legislation like health care throughout.
What do you think?
I’d like to build this into a comprehensive proposal, including listing all evidence for each of the weeks, so feel to suggest evidence for each of the presentations (e.g., Check to Michael Cohen; False financial statements; Videos of Trump lying about Russian business during the campaign.)
With enough input, I’ll do another diary with lists of evidence for each week of the Committee for the Rule of Law.
Thanks for reading, and (I hope) commenting with suggestions.