The impeachment trial’s strategic purpose has narrowed into an obsessive quest to produce evidence. Democrats have defined victory not as removal, but as winning a procedural vote to allow more testimony, especially by John Bolton. The House managers have designed their arguments not to reinforce Trump’s guilt but to underscore the need for more testimony. They seem to have given little attention to the question of whether such a victory would actually serve their larger strategic purposes at all. Perhaps they would be better off if Republicans succeed in blocking all new evidence and driving toward the rapid conclusion they seek.
If the several days that have passed since the Bolton revelation have proved anything, it is just how uninterested Republicans are in holding Trump to account for his misconduct. Initially, even Trump’s staunchest supporters conceded that pressuring Ukraine to investigate Trump’s rivals would be, if true, unacceptable. (Lindsey Graham: “very disturbing”; Steve Doocy: “off-the-rails-wrong.”) As evidence of guilt accumulated, their denial that this unacceptable conduct took place narrowed to a tiny, highly specific claim: No witness testified that Trump personally ordered them to carry out a quid pro quo. Bolton is the final piece of the jigsaw puzzle.
It is probably for this reason that Republicans have fallen back to a quasi-legal argument offered by Alan Dershowitz: Even if true, abuse of power is not an impeachable offense. While Dershowitz’s reasoning is ahistorical, legally absurd, and opens the door to aspiring strongmen, it signals the party’s determination to acquit Trump regardless of the facts. If Democrats persuade four Republicans to allow new evidence, they can extend the trial for perhaps a few weeks, prove Trump’s culpability even more thoroughly than they have, and then proceed to a partisan vote to acquit.
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