The conventional wisdom among the talking heads is that Nancy Pelosi is making a big mistake by withholding the articles of impeachment against Trump. The Republicans “hold all the cards,” according to CNN legal analyst Paul Callin. “In the end, Mitch McConnell gets to call the shots.” While no one is arguing that point, I do believe there’s a method to Pelosi’s “madness.”
Look, it was always a stretch to believe – as many of us did – that there were twenty or more Senate Republicans willing to break ranks and vote to convict Trump. As things stand now, I’d be shocked to see even one of them grow a pair and do the right thing. But a forgone conclusion is not the same thing as a rigged trial, and that is precisely what Mitch McConnell is prepared to do. In an interview on Sean Hannity’s show, McConnell admitted that he is working closely with White House counsel and that there is no way that Trump will be removed from office. Imagine the foreman of a jury being in cahoots with the defense team to ensure an acquittal for the defendant. In the real world, such a person would be booted off the jury and face severe consequences. In McConnell’s Senate, it’s just another day at the office.
Pelosi is no fool. She knew going in that Trump’s impeachment, though a done deal in the House, would meet a painful death in the Senate. But she wasn’t expecting the Majority Leader would pull a stunt like this. Giving McConnell the articles now without some assurances from him would be the equivalent of giving a kid an entire batch of cookies and expecting him to eat only one or two. If the fix is indeed in, why on Earth would she help him out?
To those who would say that Pelosi has no leverage, I beg to differ. For one thing, Trump wants a trial; he wants his day in court, and he’ll blow a gasket if he's denied that opportunity. And you can bet the ranch that he let McConnell know as much at that White House con fab that took place a couple of weeks ago. Imagine a scenario where the House’s impeachment stands with NO Senate trial in an election year. If you think that doesn’t sting, you’re dead wrong.
McConnnell can say he doesn’t want a trial till the cows come home. Don't believe it for a minute. What he doesn’t want is a fair trial. A fair trail would mean that witnesses with first-hand knowledge would be called to testify; and that testimony would put undue pressure on Republican senators running for reelection in swing states like Colorado, Maine, North Carolina and Arizona. Don’t kid yourself: Pelosi has more leverage here than you think. And if there’s one thing we should know by now, it’s that this Speaker doesn’t give up an advantage without getting something in return for it. Remember the government shutdown? She got Trump to blink first. Never underestimate this woman.
McConnell knows the jam he's in here. He knows he can't compel Pelosi to turn over the articles of impeachment if she doesn't want to. He'll fight her tooth and nail; he'll even threaten to not conduct a trial at all. Call his bluff. Pelosi's not the one who will have to explain to Trump why his "good" name hasn't been cleared. I'd give a week's pay just to see the expression on Trump's face when McConnell breaks the news to him.
And for those who still maintain that it is an act of bad faith for Pelosi not to turn over the articles of impeachment, I would counter that it is the ultimate act of bad faith to conduct a sham trial. With Lisa Murkowski already on record as saying she is "disturbed" by what McConnell is doing and a majority of Americans wanting to hear from more witnesses, the pressure is mounting on him to come to the negotiating table. He can afford to lose just three members of his conference before the matter is taken out of his hands.
The bottom line is that the House has done its job; its time for the Senate to do the same.
The bottom line is that the House has done its job; its time for the Senate to do the same.
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