A sassy young citizen on Twitter says, "So Trump is impeached. So what? He gets a medal or his name goes on a list? What does it matter?"
It's hard to find a clearer bit of evidence that the young people of this country think that what the federal government does is irrelevant, as some describe it, "A shitshow that's boring."
This is the passage in the Constitution of the US that addresses what the House of Representatives, the "people's house" has just done.
"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
ARTICLE I, SECTION 3, CLAUSE 7
We're going to be wrestling with this short passage from now on, over an unlimited period of time. Here are some of the ideas and contentions:
1. This passage was meant to prevent using capital punishment as some European precedent had been exactly that. Some countries still kill their impeached kings and presidents.
2. The idea has taken hold that impeachment is a two-step process and that the Senate can "undo" the impeachment if they refuse to remove the President. The assumption is that the House of Representatives is a "lesser" division that is overseen by the Senators, rather than the asserted equality in the Constiution. This goes back to Greek/Roman ideas but more relevantly to the English practice of two houses, one of which is Lords, clearly more powerful, versus the ordinary Representatives sometimes depicted as a mob or rabble off the streets, uneducated and uncultured. Certainly this last hearing has illustrated that, though ironically the Repubs have always been the "lords" full of dignity and respect, they have chosen now to be the rabble.
3. Since only two previous presidents have been impeached by the house and the senate has declined to remove them, we are feeling our way along. Much of law and the work of courts has been using precedents -- previous cases as a guide for what should be done. But we haven't got much to work with here.
4. Two presidents have been impeached, the earliest one for clearly defiant and degenerate behavior that remains objectionable, and the more recent one for lying about a blow job. He was not impeached for fellatio alone -- which the sexual revolution has made trivial, a joke, a Hollywood plot point -- but for lying about it. Yet, since the act was indulged in adjacent to the Oval Office and on "business time", it certainly showed contempt for the Presidency and a willingness to stoop or at least unzip. But it wasn't illegal.
5. Clinton remained in office. It is unclear what constraints were put on him legally. He remained and still remains "impeached," which at the very least means discredited.
6. It is unclear whether Trump is now subject to criminal prosecution. The idea that a president can't be prosecuted is in a "memo" rather than a law but doesn't address the status of an impeached president. If the full consequence of an impeachment applies without a Senate vote to remove from office, then Trump is vulnerable to prosecution for a cascade of felonies of long standing, decades. This was not the case for Clinton, who had committed no felonies.
Also relevant is Trump's context as a mafia-affiliated person, which means that prosecuting him for crimes involves revealing mafia criminal systems. This is further complicated since the American mafia has become a subset of the Russian mafia which is identified with Putin's Kremlin.
7. The President may not be pardoned once he is impeached and one assertion is that he cannot pardon anyone else. He is no longer able to use that power. One reason Nixon resigned when he did was so that Ford could pardon him, since he was not yet impeached, though it was surely coming soon. Nixon DID commit a felony, lying about contracting for burglary, so the pardon was necessary.
8, If this constraint in the Constitution is in full force now, Trump's candidacy for nomination in the next election is ended. The use of threats about that election is ended. The rallies are not rallies for election but merely circus.
9. The Senate seems to think they can abridge or second-guess the work of the House of Representatives. The media has bought this and treats the second half of this action as an ability to undo the Representative "label" as though it were not an invulnerable final decision of a two part process As Nancy Pelosi has said, Trump is now impeached, finally and irrevocably. The Senate is considering consequences.
10. A parallel sentiment is that the Supreme Court can "undo" impeachment but the judgement of impeachment remains. The Supreme Court can address the issues described above and probably some others.
11. A circle of sycophants has formed around Trump. These people have benefitted with money, status, power to run sub-sets of government and the like. They will fight hard to maintain their access but they have no legal standing. Some, more cautious and honorable, have left.
12. Something similar has happened among citizen Republicans or Democrats who benefitted or believed they benefitted from Trump's policies and conversely among those who have been punished by them. These constituents have been in turmoil because promised benefits haven't appeared and some have suffered to the point of suicide.
13. An insidious tendency towards the use of force and private armies has seized on both the militarization of borders and civil jurisdictions like police forces as well as exceptions for the military based on secrecy, like torture. At the same time the removal of rules and inspectors, the de-regulation, the failure to fund "safety nets" or basic infrastructure, have made life more dangerous and anxious.
14. The realization has come that the reason there is a major shortage of public money has nothing to do with the level of taxation and more to do with financial structuring that allows money to be pocketed by the ultra-rich. Billions are drained off and stashed, often laundered in countries considered stable and lawful. Putin's raked-off billions are stored in the US and England. Without Trump's interference, we might be able to seize those moneys.
15. Demographics are a big part of this. The old legislators who have no other careers than staying in office are one factor. Young journalists with bad educations, working at the pleasure of older bosses who have no other standards than marketing profit and who are protected by being behind the scenes, anonymous, control the content of both news and the steady flow of stories about glamourized criminals and exaggerated sex. Women and people of color now have theoretical access but still little participation.
In the coming days many of these issues will be raised and few will be resolved. But it is a plain, solemn, and damning fact that Trump is impeached for all time.
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