Category: Impeachment

Republican House ‘moderates’ talk big, fail to step up

Posted on by Joan McCarter

The attempted impeachment of President Joe Biden is now a thing House Republicans will have to spend actual time on, thanks to Colorado wingnut Rep. Lauren Boebert. Whatever procedural moves leadership takes now to get the issue off the floor won’t matter because the Freedom Caucus and other hardliners have decided this is how they will hijack the House. That’s a big headache for Speaker Kevin McCarthy, one that the would-be moderates could exploit to the benefit of the country, if only they could be bothered.

Those so-called moderates are talking big about their few “accomplishments” thus far. For instance, last week they voted against some amendments to legislation intended to make it harder for the federal government to regulate stuff. It’s a dangerous and ridiculous bill that every single Republican voted for, but these guys are crowing to Politico about how they voted against Freedom Caucus amendments to it. “We were sending a signal,” one of them said, calling it their strategy to hold the MAGA wing “accountable” but not hurt leadership.

The lawmaker, who insisted on anonymity to discuss how tough they were, bragged about how they told Rep. Bob Good, a Virginia congressman who thinks the Republican-appointed FBI director should be impeached over the Trump classified documents case: “You want Good bills passed, [then] put another name on it.” So, so anonymously brave. They’re admitting that they don’t have a problem with the content of any Freedom Caucus bill, just the sponsor, with one exception: Rep. Brian Fitzpatrick said his votes against the amendments were policy-based. As for the rest of them? Their claims of moderation are about as valid as their claim on family values or being pro-life.

They disproved that again Wednesday when nearly all of them voted to censure Democratic Rep. Adam Schiff for his role in Intelligence Committee investigations and the impeachments of Donald Trump. This group voted against the first censure vote last week because it came with a ridiculous $16 million fine. Once that was dropped, they were happy to pile on in this proxy vote for Trump. Because that’s what this is. They’re all still mad about both Trump impeachments, the Jan. 6 investigations conducted by House Democrats, and the ongoing investigations surrounding Trump. Schiff is their scapegoat.

There’s a lot these not-Freedom Caucus Republicans could do to force McCarthy to throw over the extremists. There’s a hell of a lot more of them. If they acted as a bloc, they could take over the House the same way 11 assholes did a few weeks ago, when they shut the House down with a procedural vote. Will they muster the courage?

Probably not, Main Street Caucus Chair Dusty Johnson of South Dakota says. “I’ve heard people talk about that tactic, you know, out of frustration,” he told Politico, but suggested it’s not likely. He said that, in his group,​ “people understand that the best way—the most productive way—to move forward is try to stick together.” In other words, seeking safety in numbers, cowering in fear while their feral colleagues take all of them down in a spiral of nonsense.

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House Republicans desperately seeking reason to impeach Biden

Posted on (Updated by Laura Clawson

House Republican leadership isn’t happy with Rep. Lauren Boebert’s current impeachment shenanigans, but that’s not because they don’t plan to impeach Biden. They just don’t like the timing and the specifics. Speaker Kevin McCarthy knows that his members and the Republican base will demand a baseless impeachment while the party has a House majority, but he wants to at least pretend it’s not a foregone conclusion, and that Republicans only went where the evidence lead after sober consideration. (Ha ha ha.)

McCarthy’s line, offered to reporters on Wednesday, is: “What I am saying is these investigations will follow the information we get wherever it will take us.” He also repeated uncorroborated accusations against the president, though, in case you were tempted to believe that the fix wasn’t in.

House Oversight Committee Chair James Comer, who is leading a series of “investigations” into the president and his son Hunter, is similarly pretending that impeachment is a giant question mark.

“We’ve never said impeachment, yes or no,” Comer told Punchbowl. “If it leads to impeachment, it leads to impeachment. Our investigation, we’ve still got several more months of work to do before I can issue a report … I don’t think what happens tomorrow [on the Boebert resolution] will have any impact. Nor will the plea-bargain deal with the president’s son.”

House Freedom Caucus Chair Scott Perry insists, “The goal is not impeachment.” The real goal, he said, was information. “But if the information leads you to facts that require and demand accountability, that’s the only accountability.” And “yes,” Perry believes Republicans will uncover said “information” against Biden and support for impeachment will build.

Other Republicans are being even less circumspect.

“Ultimately, you’re going to see Biden impeached,” Rep. Andy Ogles told Punchbowl. “The question is when and is it soon enough for the American people?” Ogles, like Boebert and Rep. Marjorie Taylor Greene, has introduced an impeachment resolution. Rep. Eli Crane said impeachment will “absolutely” be an outcome of the investigations.

The likelihood that McCarthy will be able to stifle the demands for Biden’s impeachment is only slightly higher than the likelihood that McCarthy will be remembered as an effective speaker. Under his leadership, House Republicans have few legislative accomplishments to tout, and the promised bombshell hearings on Hunter Biden and anything else they could dig up to undermine the president have flopped. Impeachment is what Republicans have left to pander to their base, mollify the people whose support McCarthy lobbied and traded for through 15 speaker votes, and pretend they have gotten something done.

But an impeachment could very well backfire on Republicans. They’ll be going into it, after all, with scant evidence and screamingly obvious partisan motivations. And unless they conduct impeachment hearings with a much higher level of professionalism than they’ve shown to this point, it’s going to be a clown show that reveals again and again that this is about revenge against Democrats for impeaching Donald Trump and about undermining the Biden presidency after Republicans failed to overturn the 2020 elections. Comer says his report won’t come out for “several more months,” which would likely put any impeachment proceedings into 2024. It might motivate their base, but it’s unlikely to be what independent voters want to see from the House of Representatives.

”How can you impeach someone with no evidence?” asked Rep. Jamie Raskin, the ranking Democrat on the House Oversight Committee. Raskin is pretty smart, so I’m going to assume that was a rhetorical question. He knows Republicans don’t care about evidence, and if they move forward on impeachment, even voters who aren’t paying very much attention will realize that.

Joining us on "The Downballot" this week is North Carolina Rep. Wiley Nickel, the first member of Congress to appear on the show! Nickel gives us the blow-by-blow of his unlikely victory that saw him flip an extremely competitive seat from red to blue last year, including how he adjusted when a new map gave him a very different district and why highlighting the extremism of his MAGA-flavored opponent was key to his success. A true election nerd, Nickel tells us which precincts he was tracking on election night that let him know he was going to win—and which fellow House freshman is the one you want to rock out with at a concert.

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McCarthy isn’t happy with Boebert’s impeachment shenanigans

Posted on by Joan McCarter

House Speaker Kevin McCarthy was not a happy camper in the Republican conference meeting Wednesday morning, thanks to the latest antics of Rep. Lauren Boebert, Colorado’s contribution to the debasement of Congress. On Tuesday evening, Boeber introduced a privileged resolution to impeach President Joe Biden on the made-up charge that he violated his oath by not stopping illegal immigration. The charge isn’t important, it’s the mechanism that’s got McCarthy’s knickers twisted.

Under House rules, privileged resolutions bypass the regular process—and leadership’s ability to determine what goes to the floor—and have to be voted on within two legislative days. There are only two legislative days left this week before Congress heads out to celebrate July 4 for the next 19 days. So this eats up time and energy that the House can’t really afford, not that they were going to accomplish much of anything in these two days. It also exposes the whole Republican conference as a clown car, and McCarthy’s weak leadership for what it is.

Democrats said they would move to table the motion, which puts McCarthy in the position, again, of having to rely on Democrats for help, which only serves to piss off the Freedom Caucus maniacs and their allies more, which will lead to exactly what is happening now: escalation.

.@RepMTG says she will speak to McCarthy later today on her push to impeach Biden, others. She says she addressed the conference about impeachment telling them it’s “the right thing to do.” She plans to convert all her articles to privileged resolutions.

— Mica Soellner (@MicaSoellnerDC) June 21, 2023

Greene has a raft of impeachment resolutions, and if she makes them all privileged, there’s another two weeks of work eaten up. She’s mad that Boebert upstaged her on this one, calling Boebert a “copycat.”

At the same time, Rep. Adam Schiff’s stalker colleague, Rep. Anna Paulina Luna, a Florida Freedom Caucuser, is pushing a second privileged resolution to censure him. Luna has sponsored six resolutions so far this year. Five of them are about Schiff. The first privileged one failed last week when 20 Republicans joined with Democrats to table it.

Which leads to the question of just how orchestrated all this is. It doesn’t seem likely, but the Freedom Caucus might just be organized enough to be planning this in another effort to gum up the works in the House and just to harass McCarthy.

The week before last, 11 of them shut the House down by blocking a rule vote—the first time that had happened in 21 years—and refusing to agree to let it pass until McCarthy sufficiently appeased them by agreeing to renege on the debt ceiling deal he had negotiated with Biden. It’s hard to credit those people with enough organizational skills or procedural knowledge to look at what Boebert and Luna are doing as strategy, but stranger things have happened.

All of which McCarthy brought upon himself. For one thing, he’s amplified and encouraged the border hysteria. That’s despite a substantial decline in actual illegal border crossings in recent weeks. He greenlit bogus investigations of Homeland Security Secretary Alejandro Mayorkas to determine whether he should be impeached. There are at least four impeachment resolutions out there against Mayorkas, one of them from Greene. This latest from her and Boebert will likely encourage all these yahoos to make their resolutions privileged too.

Which is what got McCarthy worked up. “There was a discussion about regular order in January,” he reportedly said in Wednesday morning’s conference meeting. “And going through committee—but now we have members doing privileged motions without going through committee or even speaking with the conference.”

“What majority do we want to be?” he said. “Give it right back in 2 years or hold it for a decade and make real change. How are we going to censure Adam Schiff for abusing his position to lie and force an impeachment and then turn around and do it ourselves the next day?”

Welcome to the bed you made, Kev. Enjoy the fact that you’re going to have to rely on the Democrats to bail you out again.

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Boebert moves to force vote on impeaching Biden over handling of border

Posted on (Updated by Emily Brooks

Rep. Lauren Boebert (R-Colo.) is forcing a House vote on impeaching President Biden over his handling of the U.S.-Mexico border and immigration policy, making a surprise privileged motion Tuesday evening that will require House floor action on the matter this week.

Walking off the House floor Tuesday, Boebert said that while House GOP leadership was aware she would make the privileged motion, the date of further action was still being scheduled. 

A notice from House Democratic Whip Katherine Clark (D-Mass.) on Tuesday indicated that Democrats will make a motion to table the resolution when it comes up for a vote on the floor, a procedural move that would block the resolution from coming to the floor for a vote.

Boebert’s impeachment resolution, which she introduced earlier this month, includes two impeachment articles: one for abuse of power, and another for dereliction of duty.

In the first impeachment article, Boebert charges that Biden “knowingly presided over an executive branch that has continuously, overtly, and consistently violated Federal immigration law by pursuing an aggressive, open-borders agenda,” saying the U.S. allowed a high number of migrants released into the country “without the intention or ability to ensure that they appear in immigration court to face asylum or deportation proceedings.”

In the second impeachment article, Boebert’s resolution points to deportation cases being at historic lows, and deaths caused by fentanyl.

In response to Boebert’s move, the White House accused House Republicans of staging “political stunts.”

​​“Instead of working with President Biden on solutions to the issues that matter most to the American people, like creating jobs, lowering costs and strengthening health care, extreme House Republicans are staging baseless political stunts that do nothing to help real people and only serve to get themselves attention,” Ian Sams, White House spokesman for oversight and investigations, said in a statement.

Boebert did not predict whether her impeachment articles would pass or not.

“We'll see. I mean, I hope that Republicans and Democrats alike can recognize the invasion that's taking place at our southern border, and that the laws of our nation are not being faithfully executed, and that we have an opportunity to bring a check and a balance to the invasion that's going on,” Boebert said.

Boebert's ideological ally, Rep. Anna Paulina Luna (R-Fla.), is aiming to force a vote of her own this week on a motion to censure Rep. Adam Schiff (D-Calif.) of his handling of investigations into former President Trump. 

Republicans have also been calling attention to the focus on the business dealings of President Biden’s family members after his son, Hunter Biden, agreed to a plea deal involving federal tax and gun charges Tuesday.

Asked why she was forcing the impeachment articles now, Boebert said: “It's been time. It's past time.”

Most House Republicans hungry for retribution over the U.S.-Mexico border have focused on Homeland Security Secretary Alejandro Mayorkas rather than Biden. Last week, the House GOP launched an investigation that could serve as the basis of an eventual Mayorkas impeachment.

Updated at 9:47 p.m. EDT.

Juror and spouse: Texas state Sen. Angela Paxton could vote in trial on husband’s impeachment

Posted on by Associated Press stories chosen by Daily Kos staff

On the way to Texas Attorney General Ken Paxton becoming a rising figure in the GOP, his wife, Angela, used to entertain crowds with a guitar and a song.

“I'm a pistol-packin' mama, and my husband sues Obama,” she sang at campaign events and Republican clubs in Texas.

When it came time for the high school teacher and guidance counselor to launch her own political career, a $2 million loan from her husband propelled Angela Paxton to a narrow victory for a state Senate seat in the booming Dallas suburbs. Once elected, she filed bills to expand his office's powers, and approved budgets over his state agency and salary.

Now, Sen. Paxton is a key figure in the next phase of Ken Paxton's historic impeachment: as a “juror” in a Senate trial that could put her husband back in office or banish him permanently.

It's a role that raises an ethical cloud over the Senate proceeding. State law compels all senators to attend, but is silent on whether she must participate.

“If it were a trial in the justice system, she would be completely required to (step aside),” said Kenneth Williams, professor of criminal procedure at the South Texas College of Law in Houston. “It’s a clear conflict of interest.”

The trial is to start no later than Aug. 28, and it promises to be quite personal for Angela Paxton.

The 20 articles of impeachment brought against Ken Paxton include sweeping charges of abuse of office and unethical behavior. They include a bribery charge related to an extramarital affair with an aide to a state senator. Another suggested Angela Paxton was involved in the installation of $20,000 countertops at their home, paid for by a political donor.

Angela Paxton hasn't said if she'll recuse herself from the trial. She declined comment when approached by The Associated Press outside the Senate chamber on Monday.

State Rep. Andrew Murr, who led the impeachment investigation in the state House, declined to say if he thinks Angela Paxton should step aside. The Senate gets to set the rules, he said.

Lt. Gov. Dan Patrick tightly controls the Senate and its 19-12 Republican majority. He suggested to a Dallas television state before last week's House impeachment vote that Angela Paxton will participate in the trial.

“I will be presiding over that case and the senators — all 31 senators — will have a vote,” Patrick told WFAA-TV. “We’ll set the rules for that trial as we go forward and we’ll see how that develops.”

The state constitution requires a two-thirds vote of the chamber to convict. But there is little historic precedent in drafting impeachment trial rules, and nothing with a similar spousal conflict, Williams said.

In nearly 200 years of Texas history, Ken Paxton is just the third official to be impeached and the first statewide official impeached since Gov. James “Pa” Ferguson in 1917.

There's no legal mechanism to force Angela Paxton out of the trial like there would be a criminal trial, Williams said.

“It's up to her ethical standards and compass, basically,” Williams said.

The trial comes not only after Paxton was overwhelming reelected in November, but so was his wife, who cruised to a second term backed by wide support among conservative activists. They included Jonathan Saenz, president and attorney of Texas Values, who has worked closely with the senator on legislation, including a bill she carried this year that banned sexual content in public school libraries.

He said Sen. Paxton “has earned the right to decide what she thinks is best in this situation.”

“Senator Paxton is certainly in the highest category of elected officials in how she treats people and her position. I have high confidence in her moral compass in coming down on the side of what she thinks is best,” Saenz said.

The Paxtons come to each other's aid in politics and legal fights.

Angela pushed Ken to chase his political ambitions in his first run for a House seat in 2002. In 2018, she touted Ken's political expertise and advice in her first campaign for the Senate. That included the $2 million loan from his reelection campaign in a bruising Republican primary.

One of Angela Paxton's first moves as a state lawmaker was filing a bill to give the attorney general's office new powers over licensing exemptions for investment advisers. Ken Paxton was indicted in 2015 for failing to register as an investment adviser while raising money for a technology startup where he was invested and being paid. He has yet to go to trial on the felony charge.

Angela Paxton insisted her bill had nothing to do with his criminal charges, but legal experts said it struck near the heart of his indictment. The bill ultimately failed.

In 2022, Angela was the get-away driver from their house when Ken jumped in the family truck to avoid a process server with a subpoena in a federal abortion lawsuit.

Angela Paxton isn't the only lawmaker with a potential conflict of interest at trial.

The House impeachment articles accuse Paxton of using state Sen. Bryan Hughes as a “straw requestor” for a legal opinion that protected a political donor from property foreclosure.

Hughes has not addressed whether he expects to be called as a witness or if he will recuse himself. He did not respond to requests for comment Monday.

Ken Paxton and his allies, from former President Donald Trump to Texas grassroots organizations, have called the House impeachment process a politically motivated sham, rushed through in the final week of the legislative session.

The suspended attorney general now hopes for a fighting chance in a Senate controlled by Patrick.

When Patrick first endorsed Angela Paxton in that tough 2018 primary, he called her a “dynamic conservative leader and a person of integrity deeply rooted in her Christian faith.”

Patrick this year appointed her vice-chair of the Senate State Affairs committee, and to seats on the powerful finance and education committees.

Mark Phariss, the Democrat who lost to Angela Paxton by 2 percentage points in 2018, noted her sharp political instincts. He predicted she won't step aside from a trial.

“My assumption is she will not recuse herself. Because she does not seem to distance herself from her husband, either when she ran for office in 2018 initially or at any time subsequently,” Phariss said.

Why Texas Attorney General Ken Paxton’s impeachment fight isn’t finished yet

Posted on by Associated Press stories chosen by Daily Kos staff

The Texas Legislature already made one historic move with its impeachment of Republican state Attorney General Ken Paxton. Another one is coming.

The GOP-led House of Representatives on Saturday approved 20 articles of impeachment on sweeping allegations of wrongdoing that have trailed the state's top lawyer for years, including abuse of office and bribery. The vote immediately suspended Paxton from office.

But the intraparty brawl in the nation's largest conservative state, one that even drew political punches Saturday from former President Donald Trump, is far from over. The Republican-controlled Senate will hold a trial of Paxton next, and he and his allies hope conservatives there will save him.

One member of that chamber is his wife, state Sen. Angela Paxton, and she could cast a vote on her husband's political future, which is now in jeopardy in part because of bribery allegations linked to his extra-marital affair.

THE SENATE

Impeachment in Texas is similar to the process on the federal level: After the House action, the Senate holds its trial.

It is yet to be scheduled.

The House needed just a simple majority of its 149 members to impeach Paxton, and the final 121-23 vote was a landslide. But the threshold for conviction in the Senate trial is higher, requiring a two-thirds majority of its 31 members.

If that happens, Paxton would be permanently barred from holding office in Texas. Anything less means Paxton is acquitted and can resume his third term as attorney general.

Paxton bitterly criticized the chamber's investigation as “corrupt,” secret and conducted so quickly that he and his lawyers were not allowed to mount a defense. He also called Republican House Speaker Dade a “liberal.”

The Senate is led by Lt. Gov. Dan Patrick. Like Paxton, he is a Republican who has closely allied himself with Trump, and he has driven Texas' right-wing political and policy push for the last decade. Patrick has yet to comment on the impeachment or the House's allegations.

The Senate will set its own trial rules, including whether to take witness testimony and what reports and documents to consider. It could also consider whether to excuse Angela Paxton from voting due to conflict of interest.

The impeachment charges include bribery related to one of Paxton’s donors, Austin real estate developer Nate Paul, allegedly employing the woman with whom he had the affair in exchange for legal help.

State law requires all senators to be present for an impeachment trial.

REPUBLICAN ON REPUBLICAN

Paxton's impeachment has been led from the start by his fellow Republicans, in contrast to America’s most prominent recent examples of impeachment.

Trump’s impeachments in 2020 and 2021 were driven by Democrats who had majority control of the U.S. House. In both cases, the charges they approved failed in the Senate, where Republicans had enough votes to block conviction.

In Texas, Republicans have large majorities in both chambers, and the state’s GOP leaders hold all levers of influence.

Paxton called for Republicans to rally to his defense during Saturday's vote in a peaceful protest at the Capitol. That echoed Trump’s call for protests of his electoral defeat on Jan. 6, 2021, when a mob violently stormed the U.S. Capitol in Washington. Paxton spoke at the rally in Washington that day before the insurrection.

Trump joined the fray in Texas on Saturday, posting on social media a warning to House members that “I will fight you” if they voted to impeach. A few hundred Paxton supporters came to watch from the gallery.

House Republicans didn't seem to care. Sixty of them, 71% of the chamber's GOP caucus, voted to impeach.

Republican Party Chairman Matt Rinaldi, a Paxton ally, said the party would have to rely on the “principled leadership of the Texas Senate to restore sanity and reason.”

The move to the Senate could give Paxton's grass-roots supporters and national figures like Trump time to apply more pressure.

YEARS IN THE MAKING

The impeachment reaches back to 2015, when Paxton was indicted on securities fraud charges for which he still has not stood trial. The lawmakers charged Paxton with making false statements to state securities regulators.

But most of the articles of impeachment stem from his connections to Paul and a remarkable revolt by Paxton's top deputies in 2020.

That fall, eight senior aides reported their boss to the FBI, accusing him of bribery and abusing his office to help Paul. Four of them later brought a whistleblower lawsuit. The report prompted a federal criminal investigation that in February was taken over by the U.S. Justice Department’s Washington-based Public Integrity Section.

The impeachment charges cover myriad accusations related to Paxton’s dealings with Paul. The allegations include attempts to interfere in foreclosure lawsuits and improperly issuing legal opinions to benefit Paul, as well as firing, harassing and interfering with staff who reported what was going on. The bribery charges stem from the affair, as well as Paul allegedly paying for expensive renovations to Paxton’s Austin home.

The fracas took a toll on the Texas attorney general’s office, long one of the primary legal challengers to Democratic administrations in the White House.

In the years since Paxton’s staff went to the FBI, the state attorney general's office has become unmoored by the disarray. Seasoned lawyers have quit over practices they say aim to slant legal work, reward loyalists and drum out dissent.

In February, Paxton agreed to settle the whistleblower lawsuit brought by the former aides. The $3.3 million payout must be approved by the Legislature, and Phelan has said he doesn’t think taxpayers should foot the bill.

Shortly after the settlement was reached, the House investigation began.

TEXAS HISTORY

Paxton was already likely to be noted in history books for his unprecedented request that the U.S. Supreme Court overturn Biden’s defeat of Trump in 2020. He now is one of just three sitting officials to have been impeached in Texas.

Gov. James “Pa” Ferguson was removed in 1917 for misapplication of public funds, embezzlement and the diversion of a special fund. State Judge O.P. Carrillo was forced from office in 1975 for personal use of public money and equipment and filing false financial statements.

Texas Attorney General Ken Paxton has been impeached

Posted on (Updated by kos

Just hours after Donald Trump threatened Texas Republicans on impeaching their own attorney General, claiming he would “fight” anyone who did so…

… and despite his own threats …

NEW: Texas AG Ken Paxton has personally called House members while on the floor threatening them with political retribution if they vote in favor of impeachment, Rep. Charlie Geren announced on the House floor.

— Tony Plohetski (@tplohetski) May 27, 2023

… the decidedly not “Radical Left Democrats” and “RINOS” Texas House voted overwhelmingly to do the right thing. 

Breaking: Texas House votes to impeach @KenPaxtonTX, 121-23 #txlege

— Patrick Svitek (@PatrickSvitek) May 27, 2023

This makes Paxton the first Texas statewide official to be impeached since 1917. He faces 20 charges. Unlike federal impeachment, a Texas impeachment immediately suspends the official from all official duties.

The Texas Senate will now hold a trial. Two-thirds is required to permanently remove  and bar him from future office.