At a recent panel, Rep. Eric Swalwell (D-Calif.) put several Republican state attorneys general in a rather awkward spot by first getting them to agree on what constitutes impeachable conduct and then bringing up Donald Trump’s conduct.
A Political Maneuver?
House Republicans had invited these AGs to a hearing to argue for the impeachment of Homeland Security Secretary Alejandro Mayorkas. With Republicans blaming President Joe Biden for an unprecedented rise in migration at the U.S.-Mexico border, they’re now shifting their focus to Mayorkas.
Impeachment Criteria
The Constitution’s criteria for impeachment are “high crimes and misdemeanors,” like treason or bribery, none of which have been alleged against Mayorkas, responsible for implementing immigration policies.
The Impeachment Debate
Rep. Swalwell engaged the Republican witnesses, Montana AG Austin Knudsen, Oklahoma AG Genter Drummond, and Missouri AG Andrew Bailey, in a discussion about what they consider impeachable offenses.
Agreement on Impeachment Grounds
When Swalwell asked if bribery was such an offense, all three state attorneys general concurred that these acts were indeed grounds for impeachment. He then inquired about extortion, to which they all again agreed was impeachable.
Obstruction of Justice
Swalwell pressed on, asking about “obstruction of justice.” All three attorneys general responded affirmatively, though Knudsen noted that he believed a conviction was necessary for it to be impeachable.
Inciting Violence
Swalwell then questioned about “inciting violence against police officers.” Knudsen maintained his stance on the need for a conviction, Drummond agreed unconditionally, and Bailey expressed a need for additional facts.
Trump’s Conduct Discussion
Shifting gears dramatically, the California Democrat, Swalwell, referenced Donald Trump’s recent conduct. He directly asked the attorneys general to share their legal viewpoints on whether such behavior by their party’s prominent presidential candidate justified impeachment.
Trump’s Ukraine Request
“In the summer of 2019, former President Donald Trump used $300 million of taxpayer dollars to ask President Zelenskyy of Ukraine to get dirt on his potential primary political opponent, Joe Biden. He was impeached in the House for that,” Swalwell stated. “Should he have been impeached for that?”
GOP AGs Respond
“I’m not a member of this Congress. I’m not privy to all of that information,” the Montana attorney general said. “I certainly haven’t seen a lot of those reports. This body chose to go forward with those proceedings, as is its purview.”
Drummond stated, “It’s outside my lane. I’m just a simple attorney general from Oklahoma.” Meanwhile, Bailey said, “That’s beyond the purview of my testimony today.”
Trump and Jan. 6 Insurrection
Swalwell shifted focus, questioning Trump’s role in sparking the Jan. 6, 2021, insurrection. “He incited and aimed a violent mob at the Capitol. Six police officers would later lose their lives. One lost a finger. One lost an eye,” he noted. “The president was impeached. Ten Republicans voted for that impeachment. Mr. Knudsen, should he have been impeached for that?”
“He was,” Knudsen said.
Neutral Position
“He was impeached for that,” Drummond reiterated. When pressed on whether he thought Trump’s impeachment was justified, Drummond responded, “I don’t have an opinion.”
Bailey stated, “He was acquitted of those charges.”
Mayorkas Impeachment vs. Trump
The California Democrat found it “interesting” that GOP state attorneys general journeyed to Washington, D.C., to express their legal support for impeaching Mayorkas yet remained silent on Trump’s previous actions.
Swalwell Challenges AGs on Their Silence
“You believe pretty clearly that [Mayorkas] can be impeached for his conduct, but when we go through pretty egregious conduct of using taxpayer dollars, of inciting and aiming a mob, having the greatest attack ever on this Congress, this Capitol, our Constitution, you don’t want to comment on it,” he said to the witnesses. “At all.”
GOP Accused of Only Wanting the “Fiction”
Swalwell further noted that the GOP silence on Trump’s conduct highlights the hollowness of their efforts to impeach Mayorkas. “They’re not interested in finding any solution to the border,” he commented about the Republicans.
“We have witnesses who want to comment only on Mayorkas, but don’t want to comment on President Trump…. I just see a party that does not want to fix but only wants the fiction.”
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