Impeachment lessons: The 90s taught us that guilt doesn't matter, political will is

So, as one would expect, President Obama is intentionally and sweepingly violating his oath of office. He is not faithfully executing federal law — he picks, chooses, “waives,” and generally makes up law as he goes along. He has willfully and materially misled the American people — his Obamacare and Benghazi lies being only the most notorious examples. He has been woefully derelict in his duty to protect and defend Americans overseas. His administration trumped up a shameful prosecution (under the guise of a “supervised release violation”) against a filmmaker in order to bolster the “Benghazi massacre was caused by an anti-Muslim video” charade. His administration has used the federal bureaucracy to usurp Congress’s legislative powers and to punish political enemies. Obama has presumed to make recess appointments when Congress was not in recess. His administration intentionally allowed firearms to be transferred to Mexican drug cartels, predictably resulting in numerous violent crimes, including the murder of a Border Patrol agent. His administration — and, in particular, the Justice Department — has routinely stonewalled lawmakers and frustrated their capacity to perform agency oversight, to the point that the attorney general has been held in contempt of Congress. The Obama Justice Department, moreover, has filed vexatious lawsuits against sovereign states over their attempts to vindicate their constitutional authorities (and, indeed, to enforce federal immigration laws), while the Justice Department itself adheres to racially discriminatory enforcement policies in violation of the Constitution and federal civil-rights laws.

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This is not an exhaustive list of Obama abuses, but you get the idea. If the only issue were commission of high crimes and misdemeanors, the Constitution requires only one for impeachment — not the Obama pace, which is more like one per week.

But here is the important thing: High crimes and misdemeanors are a subordinate consideration. In an impeachment case, they are necessary but they are not close to being sufficient. Because impeachment is a political remedy, its most essential component is the popular political will to remove a president from power.

The charges against Bill Clinton plainly satisfied the “high crimes and misdemeanors” threshold, and he was clearly guilty of them. But the American people obviously did not want Clinton removed over them. That is the lesson of the Clinton impeachment. It doesn’t matter what can be proved. You can have a hundred articles of impeachment; what counts is what Americans think of their president. The question is not whether the president has done wrong — that will rarely be in dispute. The question is how convinced the public is that a president’s continued hold on power profoundly threatens their safety, prosperity, and sense of what kind of country we should be.

As things now stand, the public is not convinced. There is no political will to remove the president.

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