Why aren’t House Democrats preparing articles of impeachment for Trump?

See,

Erwin Chemerinsky, “Trump just made another huge and illegal power grab; Be very alarmed, Los Angeles Times, August 10, 2020 (9:55 AM).

Since his acquittal on impeachment charges related to the Ukraine by his Republican collaborators in the U.S. Senate, President Trump has engaged in an accelerating series of abuses of power (e.g., obstruction of justice) and unconstitutional executive actions.

The burning question is why House Democrats have not proceeded to conduct an impeachment inquiry and to work on draft articles of impeachment, to be approved and forwarded to the Senate if and when circumstances indicate votes may shift in the Senate.

Perhaps they are doing so, but it seems doubtful given the extent to which the Capitol press generally has its ear to the ground and would race to report any such developments.

Nancy Pelosi and the House leadership probably believe any move toward impeachment would give Trump a campaign issue he could use to distract and to ride to reelection.

But what if Impeachment turns out to be the only tool the Democrats have to ensure that a free and fair election is held, that its results are fairly tabulated (including, e.g., using a functional Post Office), that the electoral college holds a fair and legal vote to elect the new president, and that a peaceful transfer of power occurs on January 20?

If and when the time comes, and Republican votes in the Senate start to shift to uphold democracy and the rule of law, will the House Democrats be prepared, or leave themselves and the country flat-footed due to their not thinking ahead?

Impeachment is the most effective tool, and perhaps the only tool they can use in a timely manner, to defend the American Constitution and democratic government under the rule of law.

Will they use it? Why are they not preparing to be able to use it if it becomes necessary?

Trump has made no secret of his base intentions.

What are the House Democrats waiting for?

The Trenchant Observer

About the Author

The Observer
"The Trenchant Observer" is edited and published by The Observer, an international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. He is a former staff attorney at the Inter-American Commission on Human Rights of the Organization of American States (IACHR), where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, The Observer has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. The Observer speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, The Observer has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on the best articles that have appeared in the blog.

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