by Mitch Kokai
Senior Political Analyst, John Locke Foundation
Two things happened simultaneously on Wednesday: (a) The House of Representatives transmitted to the Senate two articles of impeachment approved on straight partisan lines a month ago, and (b) the House’s impeachment inquiry — yes, it’s still very much alive — highlighted new, relevant evidence it has turned up about the activities in Ukraine of President Trump’s personal lawyer, Rudy Giuliani, and Giuliani’s associates.
The Democrats’ strategy is coming clear.
The House provided the Senate with two half-baked impeachment articles. House Democrats rushed through the investigation, forgoing salient witnesses and evidence, because of the political calendar. The charges are weak and the inquiry was needlessly short-circuited, so Democrats have continued investigating the premature allegations. Now they are publicly disclosing newly acquired evidence, with the promise of more to come. Transparently, their goal is to pressure the Senate not merely to conduct a trial but to complete the investigation that the House failed to complete — calling witnesses and gathering evidence, as if a trial were nothing more than an extension of an open-ended grand-jury probe.
Senate majority leader Mitch McConnell and Senate Republicans should not let them get away with it. No trial court would allow itself to be whipsawed this way. A federal judge would tell prosecutors to go back to the grand jury, finish the investigation, and come back to the trial court when they have a case ready to be tried, not investigated.