By Kaleena Fraga
Many on the left are frustrated by Republicans like Jeff Flake, and now, Mitt Romney, who speak out against the president but support his policies. It’s easy to dismiss their speeches, articles, and tweets as empty politicking, meant to let them toe the line of Trump’s conservative base, while courting Republican voters who are dismayed at the behavior of the president.
This time, it’s different.
Mitt Romney’s forceful op-ed in the Washington Post called out the president for his behavior–for his diminishing of the office of the president. Yes, Romney will probably still vote for the Wall. He is a Republican, after all. But his words do matter. Why? Any impeachment vote is a likely given in the House, controlled by Democrats. The real battle will be in the chamber where Romney will sit, in the chamber controlled by Republicans. The Senate.
Impeachment is a political act, with political motivations. Yes, that’s not exactly what the founders intended, but that’s the form it’s taken. Andrew Johnson was impeached for breaking a law that Congress passed to spite him, and Bill Clinton faced impeachment over a stupid lie about a romantic affair–in other words, neither had committed the “high crimes and misdemeanors” that the Constitution demands.
(Nixon, of course, got much closer to this bar, although his case came down to obstruction of justice. There is no physical evidence that Nixon himself ordered the break-in.)
In any case, an impeachment trial against President Trump in the Senate would require strong Republican support. Romney writes that Trump has not “risen to the mantle of the office.” This in itself is not a crime. But the politics of the moment could shift, giving the Republicans political reasons to think that removing the president would be the best thing for their party. In 1974, it took Barry Goldwater listing off names of Republicans and Southern Democrats who would vote for impeachment for Nixon to decide to resign.
Indeed, the founders left no provisions for what to do if the president is simply bad at being president. The 25th amendment does allow for the vice president, the Cabinet, and a majority of Congress to remove a president they see as unfit. This has never been invoked. If it were, dissident Republicans in the Senate would certainly be crucial to the cause.