Democrats’ partisan impeachment violates the US Constitution

None of the witnesses or evidence confirmed Democrats’ allegations of quid pro quo, bribery, or extortion. Blinded by their hatred of President Trump, a majority of House Democrats ignored the facts and the role of the judicial branch in Article III of the U.S. Constitution. Based on broad, vague, and baseless articles of impeachment, which as written have no basis in statute or the Constitution, nearly every Democrat voted to impeach a duly elected president.

Throughout November, nine different current and former government officials publicly appeared before the House Permanent Select Committee on Intelligence. Those witnesses confirmed the accuracy of the July 25 phone transcript President Trump released. They also confirmed that Ukraine has a history of corruption, that investigating corruption is appropriate, and that under Trump, Ukraine finally received the military aid that the Obama administration had refused to provide. They also made clear that it is the president and not unelected bureaucrats who make foreign policy for the United States.

An impeachment investigation into a sitting president is a serious and grave action. It must be conducted fairly and transparently. Instead, Democrats conducted most of their proceedings in secret and, even during public hearings, refused to bring in key witnesses. They blocked Republicans’ questions and requests, violating House rules in the process. They rushed to judgment and held the hastiest, most partisan impeachment process in our history. These actions undermine due process, a hallmark of our country.

The articles of impeachment themselves further expose the bad faith of House Democrats. With their so-called “obstruction of congress” charge, they notably avoided alleging “obstruction of justice,” an actual federal crime. Their decision is an outrageous abuse of power and a complete rejection of the Constitution.

Disputes between the executive branch and legislative branch are commonplace, occurring during every presidential administration. The U.S. Constitution specifically empowers our federal courts to serve as the umpire in such disputes. However, Intelligence Chairman Adam Schiff, a Democrat from California, recently stated that attempts by the Trump administration to have neutral federal courts decide if the executive branch must acquiesce to legislative demands would “be considered further evidence of obstruction of justice.” By that standard, most presidents in modern history could have been impeached by the House.

This argument by Democrats completely ignores the separation of powers outlined in the U.S. Constitution. In Federalist Number 78, Alexander Hamilton clearly rejected the idea that members of Congress “are themselves the constitutional judges of their own powers.” James Madison went a step further, saying that neither the executive or legislative branch had “an exclusive or superior right of settling the boundaries between their respective powers.”

It is on this basis that Professor Turley exhorted House Democrats on the Judiciary Committee to slow down, subpoena witnesses who may have direct knowledge of the events in question, and use the courts to settle disputes between Congress and the Trump administration.

Democrats’ rejection of this recommendation further exposes that this sham impeachment is solely about preventing President Trump from being reelected. They don’t want to wait for the courts. They want to nullify the 2016 election and remove him from office now.

In their haste and partisanship, House Democrats have denied due process and subverted some of the most fundamental principles of our constitutional republic. They are setting our country on a course to a dangerous place where partisan disagreements with little evidence become grounds for hyperpartisan impeachments. This is a true constitutional crisis that no American should accept or encourage.

Daniel Webster represents Florida’s 11th Congressional District in the U.S. House of Representatives.