A government of laws, not of men.–John Adams inspired by James Harrington
It is for public opinion (to decide), because eventually the decision here is going to be impeach or not impeach. Members of Congress, Democrats and Republicans, are going to be informed a lot by their constituents. And so our jury – and it should be – is the American people.–Rudy Giuliani
Giuliani is right–he either will be or he won’t be. But the idea that not impeached implies exoneration is misleading. Impeached or not impeached as the only possible resolutions or our current political crisis is a false dichotomy–there are many other possibilities:
- President Trump might die of embarrassment.
- He might be removed per the Twenty-fifth Amendment.
- He might resign in disgrace as RMN did.
- He might take future acts which would make impeachment inevitable.
- An impeachment attempt might fail.
- Congress might vote to censure President Trump.
- Congress might clip his wings with legislation as it proposed to do for President Obama merely because they disliked everything he proposed or did.
Giuliani is said by many to be spreading manure. The idea that Trump must either be impeached or given a pass on whatever scandal is exposed is wrong. Giuliani’s message is that if Trump isn’t impeached, there is nothing more to see or care about; that’s wrong.
There are more misleading ideas in Giuliani’s statement:
- It is the duty of Congress to act in case of “high crimes and misdemeanors” rather than in response to public opinion.
- In case of trial for impeachment, the Senate, not the people, acts as the jury.
If we are to be a nation of laws, then our laws must be observed and enforced regardless of public opinion.