What If a Democratic House Votes to Impeach Kavanaugh?

U.S. House of Representatives chambers.

One of the most alarming things about the Republican rush to confirm spoiled rich white boy Brett Kavanaugh is that by refusing to do a proper investigation of allegations against him, they are setting the stage for a Democrat controlled House of Representatives - something I personally pray comes to pass - to launch a real and credible investigation which could very well turn up damning corroborating testimony.  Should that happen, a move to impeach Kavanaugh would be likely and the Supreme Court would be thrown into chaos and decisions rendered that swung on Kavanaugh's vote would be lose legitimacy.   One would think that Senators Flake, Collins and Murkowski - and others - would want to avoid this potential situation not to mention that they votes for Kavanaugh would become everlasting embarrassments.  Sadly, Mitch McConnell has no such worries about morality or the view of history as he has demonstrated time and time again.  A piece in Politico looks at the likely scenario that could play out next year.  Here are excerpts:

The FBI’s supplemental background check of Supreme Court nominee Brett Kavanaugh has just been completed. . . . What we do know is that the background check, which was supposed to examine all credible allegations of sexual assault made against Kavanaugh, has made matters more complicated. For reasons that aren’t completely clear—either the Senate’s actual request for supplemental information was narrower than promised, or the White House directed the FBI not to pursue certain leads—many senators are worried that the Republican-guided FBI investigation won’t be sufficient to quell concerns about the judge’s fitness to serve on the Supreme Court. If the investigation has been as superficial as some reporting suggests—despite calls from GOP Senators Jeff Flake, Lisa Murkowski and Susan Collins for it to be thorough—and if Kavanaugh does manage to squeak through, Democrats are not likely to let it go. Indeed, it is entirely possible—no, likely—that, if they win control of the House in November, the new majority party will consider articles of impeachment against Kavanaugh before his seat on the high court is warm. The course of such a proceeding has the potential to be so perilous and unpredictable that wavering Republican senators should consider that possibility before casting their votes to put Kavanaugh on the court in the first place. Facts that come to light in impeachment could come back to haunt senators who vote to support him. The Constitution contemplates removal from office of judges on the same terms as are available against any federal official—terms that are by now familiar because they’re so frequently mentioned against Trump. Under Article II, Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” In all cases, the House investigates and votes on articles of impeachment, and any articles that receive a majority vote are then passed along to the Senate. That body then conducts a trial, and a supermajority of two-thirds is required for removal of the officer.

Although there have been only a tiny number of impeachment proceedings against federal judges at any level since the Constitution was ratified, those that have taken place have laid down significant markers that can help us understand the possibilities in this case.

[T]he cases involving trial and appellate federal judges point in a direction that would be worrying for Kavanaugh if he’s installed as a justice—and if wrongful conduct is then found. Significantly, three of the four most recent impeachments— all of which led to convictions—were for perjury. In the other case, Samuel B. Kent, a district court judge from Texas, became the first federal judge impeached for sexual assault, and for obstructing justice in being untruthful about his conduct. He was convicted and sentenced to 33 months in prison, but refused to resign (apparently for reasons having to do with his pension). In 2009, he was impeached by the House, but resigned before the Senate could conduct the trial that certainly would have convicted him.

Will a newly energized Democratic majority in the House have the stomach for impeachment? Minority Leader Nancy Pelosi has demurred, but Jerry Nadler, the current ranking member of the House Judiciary Committee, wasn’t nearly as coy. When asked whether, if he assumed the chairmanship of the committee, he’d consider impeachment, he had this to say: “We would have to investigate any credible allegations of perjury and other things that haven’t been properly looked into before.”

So hearings seem inevitable, but whether the committee would actually take the extraordinary step of beginning impeachment proceedings will likely depend on a few factors yet to come into focus. The real or perceived lack of thoroughness of the FBI investigation would be the most obvious trigger. [H]earings will likely follow—and then, possibly, impeachment, depending on what’s turned up. And, as Nadler suggested, the committee could also look into whether Kavanaugh committed perjury during the hearings; for instance, text messages have surfaced suggesting that he knew of Ramirez’s potential allegations before the New Yorker told her story. He testified, though, that he learned of the accusations only when the story came out. State governments might also decide to conduct hearings, which could funnel into any action the House decides to take. And if any new sexual misconduct allegations surface after he’s seated, we’re back to square one.

But while Kavanaugh should be worried about impeachment proceedings, so too should GOP senators who vote to confirm him in the first place. If further interviews with some of the same witnesses that the FBI could have, but did not, question corroborate any of the assault allegations, Kavanaugh could land back in the Senate for a trial, where those senators who voted for him would find themselves in a tough spot for pushing him through in the face of unanswered questions.

We may or may not learn what the FBI actually did, but it’s likely the last chapter in this depressing saga has yet to be written.

Unfortunately, I will not be holding my breath to see Republican senators do the right thing and vote "no," tomorrow.  It will be up to Democrats to conduct the investigations that the White House and the likes of Mitch McConnell deliberately thwarted.