If Congress was ever the coequal branch of government under the powers conferred upon it by the Constitution, it sadly isn't anymore. A lawless president in concert with a House Democratic majority unwilling to rein him in has rendered Congress a lesser branch. Sure, Republican depravity is partially responsible for the wholesale congressional downgrade, but Democrats have also given GOP lawmakers zero political incentive to join their hapless accountability folly.
Take, for instance, the Judiciary Committee hearings this week with former Trump campaign manager Corey Lewandowski, who turned the entire proceeding into a circus. Lewandowski continually refused to answer questions despite the fact that he enjoys no executive privilege afforded by having worked in the White House. He mocked the members questioning him, at one point dismissing Rep. Eric Swalwell as “President Swalwell” for his failed presidential bid. And when he was caught lying to the press, Lewandowski responded sardonically, "Oh, I'm sorry. Nobody in front of Congress has ever lied to the public before. I'm sorry."
By day's end, Democrats saved some face through a damning half-hour cross examination led by House Judiciary counsel Barry Berke, but not before most Americans who had bothered to watch turned off their TVs disgusted and demoralized by what they had witnessed. If they had shown up to the polls in 2018 hoping to put a check on Trump, was this what they had voted for? No—no, it wasn't. Not even close.
In fact, since retaking majority control of the House earlier this year, Democrats have won several legislative squabbles with Trump over shutting down the government and funding his border wall. This week Sen. Majority Leader Mitch McConnell also capitulated on allocating at least $250 million in election security funding to the states ($350 million less than the House appropriated). But for the most part, other than keeping the government's lights on and passing a string of dead-end bills they can tout on the campaign trail, Democrats have little to show for their historic gains at the polls in 2018. Under normal circumstances, it would suffice. But these are not normal times. And certainly anyone who hoped Democrats would restore some guardrails to safeguard our democracy has been thoroughly wrecked by their inaction.
What it really comes down to is a matter of will. Trump and his attack dog Attorney General William Barr are simply more determined to use every tool at their disposal to run roughshod over the Constitution’s checks and balances than Democrats are to protect them. They claim executive privilege over almost everything with no precedent on which to rest their arguments. They direct private citizens—even those who haven't worked in the White House—to ignore subpoenas and defy congressional inquiries. They brazenly lie to the American people about the conclusions of law enforcement investigations and appear to be concluding other probes without explanation. And they blatantly flout the law without batting an eye in order to protect Trump from scrutiny and deprive the American people of the truth. In fact, since Trump never paid a price for enlisting a foreign power's help to win election in 2016, why not just recreate that winning scam all over again for 2020?
On the other hand, Democrats have proven they are simply not serious about holding Trump to account. What could they do? Plenty. Lewandowski, for instance, could have been held in inherent contempt for his contemptuous conduct at what had been billed as an impeachment proceeding. His hostility was entirely predictable and yet Judiciary Chair Jerry Nadler refused to use the powers afforded him to send a message that derisive behavior in important matters of governance will not be tolerated. House Speaker Nancy Pelosi later said Lewandowski should have been held in contempt, but Nadler's failure to do so partially rests on her shoulders. She has clearly not empowered Nadler to leverage the full authority of his gavel. Democrats also hold the power of the purse strings. If they really wanted to bring attention to Trump's obstruction and abuses, they could withhold funding from certain areas of the government and make their case to the public. Instead they are passively watching Trump and his coterie destroy every pillar of our democracy.
Pelosi keeps saying Democrats won't open a formal impeachment inquiry until the public supports it. She is also one of the most capable legislators Democrats have produced in a generation. If she wanted to garner public support, she knows damn well how to do it—get in front of the public and make a clear and consistent case to voters about Trump’s transgressions and why they should care. Instead, she has been hamstringing the impeachment effort from Day 1 on the path to voting Trump out of office in 2020. Earlier this year, she may have had a point. But now that Trump has thoroughly demonstrated his disdain for democracy and repeatedly asserted both in word and deed that he is above the law, Pelosi has no excuses. One can't follow where the facts lead if they aren't willing to actually get the facts, and Democrats aren't willing.
The differential in resolve in the standoff between Democrats and the Executive Branch takes one back to Bush v. Gore in 2000, where the spoils went to the team that ultimately made the boldest, most aggressive play, not the fairest or even smartest one. The Executive Branch is more than happy to play by its own rules so long as no one gets in its way, and Democrats have practically rolled out the red carpet.
Democrats on the Hill have spent Trump's entire tenure outraged over Republicans’ failure to take their oath of office seriously. By enabling Trump in hopes of protecting their seats, GOP lawmakers have placed party over country, goes the refrain. But Democrats’ failure to get serious about impeachment under Pelosi's leadership is no better. Her political argument against taking the divisive action with an eye toward 2020 is equally as self serving.
Some people will argue that the only way to remove from Trump from office is at the ballot box since Senate Republicans clearly won't convict him. But any Democrat still making a political argument against impeachment because 2020 is the silver bullet is deluding themselves. Trump is actively rigging the election, extorting foreign powers to help him, and god knows what else. Leaving Trump to do whatever he wants unfettered so Democrats can supposedly prevail in 2020 is lunacy. That is exactly what Pelosi is doing—asking voters to provide a remedy while Trump predetermines its outcome. It's a total dereliction of duty.