The Next Step for Kavanaugh may be Impeachment.

Written by admin on October 5th, 2018

Author: Al Martin Martorella


With the defection of Joe Manchin and with Susan Collins putting party over morality, it looks sadly certain that the Senate will vote to put Brett M. Kavanaugh on the Supreme Court.  The question is whether this ends the story?  Is there a next move?  The answer is no the story is not over, and yes there is another move ahead, but for a while, there may be nothing barring an act of God to stop the placement of Kavanaugh on that Court.

Many were angry at the double standard employed by the Republicans who refused to allow President Obama’s Supreme Court nominee Merrick Garland a hearing because they claimed that the election was within six months and the choice should go to the next president.  Of course, this was just the GOP making things up, for this has never been a rule.  As for that rule which Republicans created to block President Obama’s nominee, they broke to replace Justice Kennedy.  The double standard of hypocrisy is enough to enrage most, but if that was the only reason to vote no on Mr. Kavanaugh, one could give Manchin and Collins a pass.

Many have been asking why the rush to confirm Kavanaugh?  Why was the GOP suppressing the evidence that might stop his nomination?  It has been a puzzle seeing that Donald Trump is not very likely to turn around and nominate a Liberal if Kavanaugh was rejected.  Most believe that Kavanaugh is Trump’s get out of Jail free card if Mueller’s investigation should bring criminal charges his way.  There was a desire for a strongly partisan judge which just any Conservative wouldn’t fit the bill.  As with anything kept secret, people began to ask, what are they hiding?

With the testimony of Doctor Christine Blasey Ford, we learned some very troubling things about Mr. Kavanaugh.  One was that he is a heavy drinker, who when intoxicated goes into fits of rage, and that he is guilty of gross sexual misconduct.  Then we found that Mr. Kavanaugh committed perjury during his testimony.  Finally, we discovered that he had been a political hack who stole documents from Democratic Congress people.  All these put together should have disqualified Kavanaugh if it wasn’t for the pressure being put on the Republicans by Trump who fears an impeachment trial.

Trump has been amping up the rage with his attacks on the victims of sexual assault.  He just days ago attacked Doctor Ford and now is going after those women who were only trying to get Senator Flake to hear their pain and not ignore the victims of sexual assault.  “Trump, in a tweet Friday morning, criticized what he termed “the very rude elevator screamers,” who he said are “paid professionals only looking to make Senators look bad!” Without evidence, he alleged that the protesters, several of whom said they have been sexual assault victims, were “paid by [financier George] Soros and others.” NPR

With Kavanaugh’s perjury, sexual assault of five women that have come forward and his partisan behavior, Democrats may most likely be looking to impeach him.  Given that the Blue wave allows the Congress to return to Democratic hands, impeachment is almost a certainty.  They would be contingent on Democrats regaining control of the House, the only body that can bring an article of impeachment.

Reps. Luis V. Gutiérrez (D-Ill.) and Ted Lieu (D-Calif.) have already flirted with the possibility of impeachment, and Axios recently noted that “top Democratic operatives are already talking about impeachment of Brett Kavanaugh as a 2020 campaign issue if he gets confirmed to the Supreme Court.”

Under the Constitution, the president, the vice president and “all civil Officers of the United States” (including those in the executive branch, plus federal judges) may be removed from office for “treason, bribery, or other high crimes and misdemeanors.” The procedure for impeaching a president or a federal judge is broadly the same.

There are two parts to the process:

The House is entrusted with the responsibility of voting on impeachment. Its members decide by a majority vote.

Then the Senate holds a trial for the underlying misconduct. A conviction requires two-thirds of the Senate or 67 votes. If there is a conviction, the Senate removes the individual from office.

No matter how big the Blue wave might be come November, it won’t bring 67 Democrats to 33 Republicans.  Well, at least not for 2018, but 2020 is a different case.  That is when we are most likely to see Kavanaugh impeached.  As to a Trump impeachment, it is likely to go the way of Richard Nixon.  Nixon was looking at an impeachment that would have brought out so much damning information about him, that resigning was preferable.  With the promise of a pardon by Pence, Trump may choose to resign if the evidence against him is bad enough.

For now, we will put the Trump impeachment on the back burner and look at Kavanaugh.  The only reason that Kavanaugh is likely to get on the Court is that Republicans have been rigging the confirmation process.  They have held back 90% of the information about Mr. Kavanaugh and blocked an FBI investigation.  When they finally allowed an investigation, it was so limited and controlled to only give the appearance of one.  In other words, it wasn’t a real investigation!

Where this November is unlikely to give the Democrats enough to finalize an impeachment against Kavanaugh, it will give them control of the Congress.  With that, they can start to investigate all the evidence that the Republicans have been suppressing.  They can call for the FBI to do a thorough investigation of Kavanaugh’s past and the charges that he committed perjury.  There may be more damning evidence against Mr. Kavanaugh, possibly more sexual misconducts, even some within the statues of limitation.

All that information should allow the House to impeach Kavanaugh before the 2020 election and the Senate to complete it after the election.  It is a long drawn out process that should not have to be done if the Republicans had only been honest.  They could have gotten a Conservative judge who the Democrats might not have been happy with but would have accepted.  Instead, the Republicans have allowed Trump to lead them over the cliff to destruction.  Hopefully, they won’t take the whole nation with them.




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