An uncharacteristically stupid question that Anderson Cooper asked a during CNN’s coverage, today, of the release of the Mueller report, led me to the idea for this essay. The context was a discussion of Trump/GOP-exoneration-spin that the report closes the door on Presidential conspiracy, obstruction and corruption, making further Congressional inquiry unnecessary, spiteful, wasteful and purely political. The gist of AC’s question asked what reason Congress has to investigate, further, issues in Mueller’s report, if Impeachment is not on the table.
The question was notably stupid because it so clearly placed the cart in front of the horse. We must remember that Impeachment is not the regular job of the Congress. It’s a one off, special assignment, that actually gets in the way of Congress’s regular work of passing laws, pulling on pursestrings and naming Post Offices.
And oversight, of course, is something that Congresses of all party persuasions have performed throughout history, with almost none of that oversight leading to consideration of Presidential impeachment. If Cooper had paused to think, he would have remembered that, at its best, Congressional oversight aims to find serious problems that can be addressed by enacting a new law, repealing an old law, improving or clarifying an existing law, or some combination.
The Mueller report serves up examples that beg for consideration of new legislation, and in each case, regular order requires full Congressional investigation. For example, by itself, the DOJ internal policy to not indict a sitting President would justify a very deep and wide Congressional investigation of every possible crime, conflict, breach and betrayal by Trump plus every inside detail of how Trump’s Administration and Organization operates. It may be time for Congress to legislate the parameters of Presidential criminal immunity. But that requires that Congress have full and accurate information and engage in thoughtful deliberation. Congress must also consider whether to restrict the extent to which political campaigns may consciously and clandestinely receive assistance or support from non-U.S. actors attempting to influence U.S. elections. Properly informed legislative action requires thorough and complete investigation of the existence, extent and effects of the problems whether or not Impeachment is on the table,
Congress has no reason, in its official records, to investigate Trump with an eye on impeachment. But the Mueller Report gives Congress every reason to conduct prompt and thorough oversight of the Mueller Report Issues, with a commitment to facts and dedication to following the evidence where ever it may lead. At the end, as appropriate, the evidence and reports can be referred to the House Judiciary Committee, Then, and only then, Congress should consider whether to move forward with Articles of Impeachment. Mueller’s report does not constrain these further Congressional investigations; it sets the stage for them and renders them inevitable.
Let’s keep the horse in front of the cart.