The stunning repercussions of the failed impeachment of Rod Rosenstein
On Wednesday, Republican Congressmen Mark Meadows of North Carolina and Jim Jordan of Ohio (each facing serious scandals of their own) introduced articles of impeachment against Deputy Attorney General Rod Rosenstein. Meadows and Jordan had been threatening this action for weeks, asserting that Rosenstein failed to comply with records requests for unredacted documents concerning the Russia investigation.
The filed articles were not filed as a “privileged resolution,” so the House of Representatives was not required to vote on the resolution. News on Thursday was that the two lawmakers were considering filing the resolution as privileged, which would have required a vote before the House adjourned for break. They ultimately did not proceed, after the likes of Paul Ryan and Trey Gowdy shot it down.
However, notwithstanding that the effort has been tabled, the action was an astounding moment. In our nation’s history, there have only been nineteen impeachments by the House. Of the nineteen, fifteen have been Article III judges (1 Supreme Court Justice, Samuel Chase, and fourteen lower court judges), 2 presidents (Andrew Johnson and Bill Clinton), and only one Cabinet member – Secretary of War William Belknap in 1876. Belknap’s articles of impeachment were for corruption and graft, of which he was acquitted after resigning the post.
No deputy position has ever seen an impeachment by the House. This continues to be an astounding development and would represent a potential Constitutional crisis should it proceed. While it is inconceivable that Rosenstein would be convicted or removed if he is in fact impeached, the fact that the Republicans in Congress continue to trample over the Constitution and the Trump-Russia investigation is startling. If Rosenstein is impeached, the Senate would need two thirds supermajority vote to convict and remove him. That won’t happen, but this latest move by the Fake Freedom Caucus is one more warning cry that everyone must turn out the Republicans from power in November – our last semblance of a representative democracy hangs in the balance.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.