Sanity prevails in the Senate
April 18, 2024
Sanity prevailed in the Senate on Wednesday. The Democratic majority was able to dismiss the articles of impeachment against Secretary Mayorkas within hours. Although a pretrial dismissal on constitutional grounds is unprecedented, Senate Rules of Procedure and Practice (XVI and XXI) recognize the right of the parties to file pretrial motions and objections. Mitch McConnell (along with forty-four GOP colleagues) voted in favor of an unsuccessful motion to dismiss the articles of impeachment against Donald Trump in 2021.
Despite recent precedent supporting a motion to dismiss, Senate Republicans banged on their desks in protest when Democrats succeeded in dismissing the articles of impeachment. Republicans claimed that the Constitution requires a full-blown trial—even in the absence of a constitutional basis for the charges.
Dismissing the articles of impeachment against Secretary Mayorkas was the right result. The charges were a fiction intended to create a circus on the Senate floor criticizing President Biden’s border policies. The articles did not allege a constitutional “high crime or misdemeanor,” but instead alleged only that a Cabinet officer implemented the policies of the executive.
If a Cabinet officer’s lawful performance of duties constitutes a “high crime or misdemeanor,” the Impeachment Clause is meaningless nonsense. Senate Democrats indeed created precedent on Wednesday, but they did so because the first-ever impeachment a Cabinet officer over policy differences demanded that result.
Senate Republicans are furious that their bad faith strategy was foiled by Senate Democrats who were willing—for once—to play hardball. Let’s hope that Senate Democrats show more of the same in the future.
[Further reading: The procedural maneuvers in the Senate were abstruse, and I have given them a broad brush above. If you are interested in the technical details, see Vox, The very short Alejandro Mayorkas impeachment trial, explained.]
Arizona Republicans block effort to repeal 1864 law criminalizing abortion
Republicans in the Arizona House blocked an effort by Democrats to repeal an 1864 law that bans abortion and criminalizes the provision of abortion healthcare. A similar effort in the Arizona Senate succeeded by one vote after two Republicans joined Democrats to allow consideration of the repeal the 1864 law.
The cumulative effect of the two votes in the Arizona legislature is that the 1864 law will remain in effect—for now. Democrats may continue their efforts to repeal the bill, but prospects for success appear low. See Talking Points Memo, Arizona Republicans Gleefully Shoot Down Democrats’ Attempts To Repeal 1864 Abortion Ban.
Arizona Republicans maintain narrow control over the state legislature and seem willing to put that control at risk by defending a highly unpopular law. Republicans hold a 16 to 14 majority in the state senate and a 31 to 28 majority in the state house.
Those narrow majorities are up for a vote as proponents of a constitutional amendment to recognize abortion as a fundamental right have gathered enough signatures to qualify the proposed amendment for the November 2024 ballot.
Republicans see the writing on the wall. Recognizing that the constitutional initiative will likely pass, Arizona legislators are contemplating proposing two constitutional amendments to dilute the vote in favor the initiative. See Arizona Republicans weigh options to defeat abortion rights ballot measure, draft proposal reveals | CNN Politics. (In Arizona, like most states, the legislature can place an amendment on the ballot without obtaining the signature of the governor or voters.)
Similar diversionary tactics backfired in Ohio and will likely fail in Arizona. Arizona Republicans are willing to propose bad-faith amendments because they recognize their control of the Arizona legislature is at risk in 2024. They are on the run!
The GOP hardline position may result in flipping the legislature to Democratic control and propelling Ruben Gallego to the US Senate (by defeating Kari Lake). We can take nothing for granted, but we should recognize that extremist Republicans are making it more difficult for them to prevail in the face of strong public support for reproductive liberty.
Speaker Johnson needs Democrats to bring foreign aid bills to House floor for vote
Three House Republicans announced they would oppose a procedural rule to advance the Ukraine, Israel, and Taiwan aid bills to the floor for a vote. GOP Reps. Chip Roy, Tom Massie, and Ralph Norman said they would vote against “the rule”—meaning that Mike Johnson must rely on Democrats to bring the bill to the floor. Traditionally, the majority party provides all votes necessary to pass “the rule.”
Why does this matter?
It is a sign of both Mike Johnson’s deteriorating position as Speaker and the tenuous path forward for the aid bills. If Johnson is forced to routinely rely on Democrats to discharge his duties as Speaker, Republicans will rightly conclude he shouldn’t be Speaker—a position traditionally occupied by the leader of the majority party in the House.
A motion to vacate the chair hangs over Mike Johnson’s every move like a ‘brooding presence.’ See CNN, Marjorie Taylor Greene says GOP support motion to oust Mike Johnson is growing. While being fired from his job couldn’t happen to a more deserving guy, a speakership fight would slow passage of aid to Ukraine, Israel, and Taiwan.
Democratic support for the bills may overcome Republican dysfunction. President Biden announced his support for the four separate bills, while Minority Leader Hakeem Jeffries has begun to rally Democratic support to pass a bill with lukewarm support from Republicans.
House Democratic Leader Hakeem Jeffries said he planned to gather Democrats for a meeting Thursday morning to discuss the package “as a caucus, as a family, as a team.”
“Our topline commitment is ironclad,” he told reporters. “We are going to make sure we stand by our democratic allies in Ukraine, in Israel, in the Indo-Pacific and make sure we secure the humanitarian assistance necessary to surge into Gaza and other theaters of war throughout the world.”
The delay in passing the aid bills has been unacceptable. However, Democrats have acted with discipline and fidelity in honoring America’s commitments to allies. In every way possible, Democrats are highlighting the differences between a government controlled by Democrats and one controlled by Republicans. The difference could not be starker or more urgent.
Quick notes about Trump's campaign and trial
Trump demands tribute from other Republicans
President Biden’s campaign is raising significantly more money than Trump's campaign. While that doesn’t mean we can let up on fundraising for the Biden-Harris campaign, it suggests that the Trump campaign is struggling for cash. On Wednesday, the Trump campaign confirmed its cash crunch by demanding that GOP candidates who use Trump's image for fundraising share 5% of fundraising proceeds with the Trump campaign. See Business Insider, Trump to GOP Campaigns: If You Use My Name to Raise Money, Give Me 5%.
I don’t know whether it is usual for a presidential candidate to demand tribute from other members of his party. But it is typical Trump—placing his interests above all else. In demanding tribute, he advances his interests to the detriment of cash-strapped Republicans who are being dragged down by Trump's baggage.
Trump may have violated the gag order
The existing gag order in the NY criminal trial prohibits Trump from commenting on jurors. On Wednesday, Trump reposted a comment from Jesse Watters of Fox News that said,
They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump jury.
The statement by Watters accuses existing members of the jury of lying to be selected for service on the jury. By reposting the statement, Trump is adopting the accusation against the jurors already selected.
The prosecution will have no choice but to raise the violation of the gag order when jury selection resumes on Thursday. And is difficult to see how Judge Merchan can refrain from holding Trump in contempt. Trump is intimidating and contaminating the jury.
What should Judge Merchan do? I don’t know, but declaring a mistrial and commencing a new round of jury selection is one option. Merchan could continue to declare mistrials each time Trump pulls similar stunts—thereby punishing Trump in the worst way possible: forcing him to sit as a defendant in court as the presidential election season enters the summer months.
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Concluding Thoughts
There is a growing sense of two competing political universes in America. President Biden and the Democrats are doing the hard work of governing the country while Trump and MAGA extremists are play-acting in the pretend world of performative politics.
Governing is hard. Stoking outrage with lies is easy. Governing is complicated, messy, and (sometimes) difficult to explain. Spreading falsehoods is simple and lazy.
Still, the media can no longer ignore the GOP trainwreck in Congress and Trump's struggles in the courtroom and on the campaign trail. Nor can the media ignore that President Biden will once again achieve his legislative agenda after months of effort.
Case in point: Speaker Johnson will bring up the three bills for a vote this week are nearly identical to President Biden's requests five months ago. As Politico noted last week, “There’s a reason you haven’t heard the White House bash Johnson’s Ukraine aid ideas”—because Johnson’s aid packages ARE the proposals made by President Biden.
Slowly, methodically, and carefully, President Biden has helped a wounded and weakened Speaker get to the point of bringing Biden’s bills to the floor over objections from the Speaker’s own party. Few presidents have demonstrated the legislative skill and dealmaking Biden has exhibited over the last three years.
Amid the chaos and din, President Biden has been in the background, working quietly to promote the interests of the American people and its allies. It takes a special kind of person to be willing to suffer insults in public while achieving success in private. That fact alone speaks volumes about Joe Biden's character and discipline.
Talk to you tomorrow!
Yet again, Robert Hubbell provides an island of calm, considered thought in today’s ocean of swirling cross currents. The performative absurdities of the right-wing Republican extremists in the House are creating a mass of issues for Democrats to run against in the fall. Couple this with Trump’s courtroom antics and it is increasingly clear that we Democrats will almost certainly take back the House and hold the presidency in November. And, despite a daunting playing field, I am increasingly confident we will hold the Senate. The GOP will go into this year’s election led by a deeply flawed individual, one who just might become a convicted felon ere long. Watching the Republican Party commit seppuku is quite enjoyable for this lifelong progressive Democrat.
Just reading Robert's explanation of the Democrat's and President Biden's steady, determined leadership in a nearly evenly divided government, imagine what is possible if we can rid ourselves of the destructive adherents to the Quadefendant and the man himself. Let's make it so!
And let's hope that out of the ashes of the Republican Party rises an entity dedicated to preserving our democracy and representing the valid interests of many of our citizens, and willing to compromise to achieve the greatest common good.