One of the most unfortunate consequences of the impetuous rush to impeachment (and acquittal) is the plausible possibility that this nuclear weapon of democracy – the abrogation of the people’ will as expressed at the ballot box by the president’s partisans opponents – will become routinized in the future. For example, the next president who whispers to Russia’s president to tell the Russian autocrat that he will have more flexibility after the election, and so Russia should not rock the boat and make unreasonable demands about missile deployment beforehand, then that president should be impeached for subordinating the nation’s security to his own electoral fortunes.
By the misguided standards of today’s Democrat resisters, a rough overview of American history would indicate that Washington, Adams, Jefferson, Lincoln, Wilson, FDR, LBJ, Reagan, two Bushes and one Obama should all have been impeached. Of course, the only impediments to this happening in the future is not the conduct of the president – probably all could be impeached by this legal yardstick – but the alignment of two indispensable factors in the current imbroglio: A Democrat House and a fully-aroused left-wing mainstream media. You need both – I presume with justification that Republicans would not act as recklessly (remember that Clinton was admittedly guilty of committing the felony of perjury) and that the mainstream media would defend to the death of honest journalism any Democrat president, whatever he or she did.
So you need both, and here you have both, with the sad result that impeachment itself will have become so mainstreamed – the House indicts with a slim majority, the Senate acquits because it can’t achieve the supermajority needed for conviction – that corrupt presidential behavior is no longer deterred because the impeachment process is perceived as toothless. In such a rabid climate, it is not unforeseeable that impeachment becomes as dull as a Knicks game, and attracts about as much attention.
It is indeed an appalling sign of the decline of American politics and the polarization of society that the US managed only one impeachment process in the first 180 years of its existence – and now three in the last fifty years. Invariably, there will be more to come. The irrational hatred of the resisters, who fear that they will be unable to stop this President’s re-election, will move to the next stage after this failure. Perhaps alleged violations of the defunct emoluments clause will be dredged up. Perhaps the corpse of the Muller investigation will be exhumed again. The dearth of evidence of any crime, any wrongdoing, of anything but politics as usual, will stain American politics for decades. At least the Nixon hearings had John Dean and Alexander Butterfield. Here, third and fourth hand hearsay, and the one person who testified and had listened to the allegedly offensive conversation has been publicly contradicted by several others who were also on the call – but not allowed to testify. If President Trump ran on a commitment to drain the DC swamp, the current impeachment process is compelling proof that the swamp has not yet been drained. Its long term effects remain to be seen.
The bitter paradoxes abound. The Democrats are outraged that military aid to Ukraine was briefly delayed, and termed a threat to US national security, while unconcerned that no military aid was provided to Ukraine under the Obama administration, and when Ukraine most needed it – while Russia conquered Crimea and parts of eastern Ukraine.
The Democrats caterwaul over the interference of Ukraine in this election but not the last (that is not even worthy of investigating) – even as the Democrats reached out and hired foreign entities in Russia and Ukraine to fabricate a dossier about a political opponent, even as Democrats regularly interfered in Israel’s elections, and probably those of many other countries, in the past.
The Democrats screech over the intangible benefit Trump might have received from an investigation into the deeds of a political opponent but have squelched an investigation into the tangible benefits Biden and son really did receive, as if, somehow, Joe Biden is immune from investigation for alleged wrongdoing while he was Vice-President because he is now running for president.
And the Nixon impeachment process actually featured evidence of wrongdoing, including spying on political opponents and journalists, even as Democrats today (like Adam Schiff) try to bolster their case by spying on political opponents and journalists.
All these are applications of the famous Talmudic principle: kawl haposel, b’mumo posel (Kiddushin 70a). Whoever besmirches others does it with their own flaws. Whoever stigmatizes another does it with their own blemish. If only they had the self-awareness to recognize this, it wouldn’t be so catastrophic. But they don’t, and so civil society plunges into chaos and is torn asunder.
How should leaders’ misdeeds be treated? By definition, no one is perfect, and neither king nor president achieves perfection by assuming a political office. Jewish tradition teaches, in fact, that “fortunate is the generation in which the prince brings offerings for his sins” (Horayot 10b). Not to be able to admit any wrongdoing, and survive the confession, is an inducement not to admit any wrongdoing. Such breeds arrogance, recklessness and a poor cadre of potential leaders.
Can Jewish leaders be impeached? Don Yitzchak Abravanel, who served the Jew-hating monarchs Ferdinand and Isabella, famously said no (Commentary to Devarim 17). All rulers are accepted with their faults and even (strong words!) stand in place of G-d on earth – and such is true even of Gentile rulers. Furthermore, the Jewish ruler is chosen by G-d, so only He can reverse His decision (see Zecharia 11:8).
While there is some validity to the Abravanel’s contentions, most authorities disagreed. Mmonarchs are ratified, and can be deposed, by a decision of the High Court. Thus, the Yerushalmi (Avoda Zara 1:1) suggests that Yeravam feared the Sanhedrin would execute him if he worshipped idols. He encouraged others to sin, but didn’t necessarily sin himself, at least at first. Both Avshalom and Adoniyahu asserted a claim to the monarchy while their father King David was still alive, and even King David deemed himself at least partially deposed during these rebellions (Yerushalmi Rosh Hashana 1:1).
Radak (I Melachim 21:10) and Ralbag (II Shmuel 17:4) both underscore that a corrupt, thieving, violent king could be deposed by the people, and Ralbag (Mishlei 29:4) noted that such a person is not worthy to be called a “king.” It is as if the title disappears, along with his power and authority.
Nevertheless, Rav Naftali Bar-Ilan (in his magisterial “Mishtar u’Medina b’Yisrael”) cautions that the removal of a ruler should be done with great deliberation and reluctance. Even a ruler deemed wicked usually has some merits in other areas, and the judgment as to his ouster must include the overall welfare of the community and kingdom. Even the rapacious King Ahab fared better under these criteria. And often a toppled monarch will be succeeded by someone far worse in character, and great instability and unrest will ensue. Hesitation and multiple stage thinking should be the governing rules, and not just crass politics or fear of another election loss.
It would seem that the Democrat’s objective here – since they know the Senate will not convict and remove – is to create an overwhelming sense of “Trump fatigue” in the electorate, such that people tire of the constant drama, accusations, tweets and anarchy, and are even willing to risk the loss of security, peace and prosperity to achieve several news cycles without the overheated rhetoric of the President’s critics. Who knows? It might work – but it is a long shot and extremely damaging to the polity.
This brings me to the final point, seemingly unrelated but in fact part of the crisis of politics in America: the election cycle is too long because it literally never ends. It makes no sense that candidates spend tens of millions of dollars and drop out before a vote is even cast. Other countries – Britain and Israel (the world’s expert on elections, although not on forming functioning governments) – can carry out the entire process in just several months.
I humbly propose this law: no candidate is allowed to declare his candidacy, and no debates can be held, before January 1 of the presidential election year. This allows a month until the primary voting starts. The drastically-reduced campaign season would have to feature more substance and fewer inane personal attacks on the aspirants. That might even induce a qualified candidate or two to run.
It would at least give the American people a well deserved break from the madness – and banality – that currently grips it.