THE IMPEACHMENT TRIAL AND INTRINSIC ACCOUNTABILITY

FEBRUARY 9, 2021 – Yesterday I had a long phone conversation with a West Coast lawyer-friend with whom I’d long been out of touch.  We caught up on personal news, talked about land conservation—the subject over which we’d met years ago—and inevitably, politics. He shared my relief that normalcy, decency, and rationality have returned to the White House and executive branch policy, but we worried together about the future of this country absent fundamental changes to our governmental structure. My main target: the senate (and by extension, the Supreme Court), given that less populous states (e.g. Wyoming, with 0.5% of the nation’s population (and a cowboy and bucking bronco on its license plates)) have disproportionate power over more populous states (e.g. California, with over 10% of the entire U.S. population and close to 15% of national GDP). My over-arching criticism: 50 little countries with . . . for example . . . 50 different approaches to public health in the face of a pandemic that doesn’t observe antiquated notions such as federalism.

Later in the day, I spent an hour on the phone with an East Coast lawyer-friend. After talking biz, we talked books, then—again, inevitably—politics. East Coast sounded much like West Coast. Add the Man in the Middle—that would be me—and you’ve got yourself a Big Mac of worry: how much longer will America hold together?

As the question lingered after my conversations, I thought about Trump’s impeachment trial. Much turns on it—beyond the likely verdict. All good Americans need to see on full display in “open court,” proof beyond a reasonable doubt of Trump’s ultimate crime: his attempted murder of democracy at the end of Pennsylvania Avenue.

Of course, given the Crime Boss’s baffling chokehold on Republican senators, the latter will rely on a bogus “Constitutional” argument (i.e. An ex-president can’t be impeached after s/he’s left office)—their post-game Hail Mary pass. Strike that. Out of fear of (or pandering to) Trump’s base, 45 Republicans will deny truth, deny evil, deny reality, deny precedent and vote “No” to convict.

All of which underscores, by the way, the need for restructuring our governmental framework.  Because of the disproportionate power yielded by less populous (mostly red) states, the crime boss who turned his hit-people loose on democracy will be acquitted.

Despite that foregone verdict by a rigged jury, the accountability process must go forward, complete with the formal, public, meticulous display of factual evidence and legal argument. The majority of citizens who do not deny truth, evil, reality, and precedent, must be reassured that democracy’s would-be murderer can’t avoid being morally ostracized and “his people” can’t hide from their accessory role.

“Moving on” because of a false cry for “unity” or because of a pre-ordained outcome would allow the Crime Boss and his enablers, supporters, and enthusiasts to escape all accountability. For the sake of our struggling democracy, its assailants must be held morally responsible. Impeachment acquittal by a rigged jury won’t alter proof and the intrinsic accountability such proof will provide.

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© 2021 by Eric Nilsson