Are Senate Republicans Setting the Stage for Dictatorship?

Watching Senate Republicans in the impeachment proceeds makes it clear that one thing is nowhere in their thoughts, namely living up to their oaths of office and defending the constitutional order.  Indeed, they seem poised to say that a president is above the law and can do literally whatever he/she wants. Even if the nation survives the Trump regime, the precedent may well come back to haunt Republicans should the Democrats capture the White House with an equally narcissistic, megalomaniac.  Sadly, Republican senators have put their own re-election and avoidance of upsetting Trump's white supremacist, Christian extremist base above the interest of the nation and the constitutional order.  A column in the Washington Post looks at Senate Republicans' abandonment of the oaths and concern for the nation.  Here are highlights:

[Trump's] The president’s lawyers this week floated their catch-all impeachment defense, one tailor-made for President Trump. It is, in essence, that a narcissistic president can do no wrong.

Like most of [Trump's] the president’s arguments, it’s erroneous. But no argument could have presented the issue more starkly to Republican senators: Will they follow their oaths to defend the Constitution and to do impartial justice? Or will they once again show fealty to Trump personally, thereby accepting his conflation of his personal interests with those of the nation?

Leave it to Alan Dershowitz to drive the point home with the subtlety of a sledgehammer.  If “a president does something which he believes will get himself elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment,” Dershowitz contended.

For a president psychologically incapable of distinguishing between his own personal interests and the nation’s, that amounts to the ultimate get-out-of-impeachment-free card. Trump already believes that “I have an Article II” — Article II of the Constitution — “where I have the right to do whatever I want as president.” This self-described very stable genius, he of “I alone can fix it,” is convinced that his reelection, achieved by whatever means necessary, serves the interests of the country. In short, anything goes.

But the argument is a lie. It’s another example of how Trump corrupts all around him. Following the lead of the political aides and allies who came before them, during the past two weeks it has been the lawyers who have debased themselves. Defying their own obligations of candor to the tribunals before which they appear, they’ve lied to and misled the court of impeachment about the House proceedings and underlying facts, peddled conspiracy theories about the Russia investigation, and of course about Ukraine and the Bidens. Their legal position is likewise false. It’s just not true that good motives, when mixed with bad ones, compel acquittal under the law. If a politician takes a bribe to do what he thinks would have been best for the public anyway, he still goes to jail. If he’s president, under a Constitution that refers to impeachment specifically for “bribery,” as well other “high crimes and misdemeanors,” he should still be removed.

It’s also not true that “abuse of power” is not impeachable, or that a statutory crime is necessary for impeachment. And it’s not true, as Dershowitz argued Wednesday, that the Framers’ rejection of “maladministration” as a basis for impeachment means that abuse of power isn’t impeachable. The Framers rejected the word “maladministration” because it covered mistakes and incompetence, not because it also could mean abuse of power. In fact, they swapped “high crimes and misdemeanors” into the final document precisely because it does cover such abuse.

[I]f a president conditions another official act — releasing security assistance to a foreign country — on a requirement that the foreign country smear the president’s political opponent. That’s not politics; that’s corruption. And corruption, for all the Trump lawyers’ attempt to muddy the waters with tortured interpretations of the Constitution, is what this impeachment is all about. Trump acted with corrupt intent to damage a political opponent. Testimony from former national security adviser John Bolton seems certain to underscore that point. 

Which is precisely why Republican senators seem so desperate not to hear it and so willing to entertain a false reading of the Constitution that would effectively render the impeachment clause a nullity. Should they do that, they will have sacrificed their own oaths to protect their own electoral prospects, and the country and the Constitution will have been saddled with a terrible precedent. The Senate will have told Trump that, indeed, he can do whatever he wants.