By Edwin Cooney
The United States Senate's decision not to convict former President Trump constitutes a moral outrage. The 43 men and women who passed the buck from the moral sensitivities of an injured and politically endangered people to the criminal justice system have one thing in common: they are members of the Republican party.
Since the days of the "Reagan revolution,” the GOP has advertised itself as the party of the family, law and order, moral behavior, and spiritual purity as compared to the secular humanism, materialism, and relativism of the "Democrat party."
As a student of history and an interested individual, I'm comfortable and even fascinated by the points of view and activities of good politicians. Therefore, as disappointed as I was late this afternoon, I listened with interest to what Mitch McConnell had to say today about former President Trump's conduct since the election and specifically on that Tuesday, January 6th. While he was absolutely right in his characterization of the former president's irresponsible and criminal behavior that "terrible day," I was both saddened and outraged by his sudden switch from anger to technical analysis.
Senator McConnell appeared to duck behind the Constitution as he insisted that Mr. Trump couldn't be constitutionally punished for his behavior in office because his time had expired. In support of that conclusion, he asserted that Justice Joseph Story taught us that impeachment is a narrow tool for a narrow purpose. He said that according to Article II of the Constitution, only a sitting officeholder can be convicted of high crimes and misdemeanors. However, apparently even the founder of the recently organized right-wing organization the Federalist Society quarrels with Senator McConnell’s assessment of the constitutionality of impeachment.
On January 13th, the House of Representatives passed the single article of impeachment and attempted to submit it to the Senate before the end of Mr. Trump's presidency. The House was blocked from doing so partly due to the confusion that occurred as the Senate changed from a GOP majority to a Democratic Party majority. It’s notable that during the crucial time of transition, Senator McConnell demonstrated a lack of urgency to bring the House’s Impeachment Resolution before the Senate prior to the close of President Trump’s term.
Those of us who are disappointed at the Senate's decision on Saturday, February 13th can take some solace in that former President Trump is open to indictment and conviction on both civil and criminal grounds. However, I think we are justified in thinking that we've become the victims of a technical knockout!
Remember, justice delayed is invariably justice denied.
When President Richard Nixon resigned 47 years ago, many of us were disappointed with President Ford's pardon although most of us really didn't want to see him go to jail. It would have been enough to see him indicted and tried and then be pardoned.
This time, the phrase "jail to the chief" constitutes justice granted.
RESPECTFULLY SUBMITTED,
EDWIN COONEY
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