Sen. Cory Booker (D-NJ) wants to try to impeach Justice Brett Kavanaugh, and frankly it’s adorable. The Daily Wire provides the deets here, including the crucial meaningless quote:
The reality is, right now, Republicans control the House and the Senate, and there’s no way to do even an investigation unless we flip one of the houses … I think that after the dust settles on the night of the 6th, I think that’s where we start to evaluate … what is the best thing for us to be focusing on in terms of what’s best for America and the American people.
Let’s just switch over to the left lane and pass right on by the question of whether there’s credible basis for any impeachment, and even past the thorny issue of the polls and who’s gonna win what seats next month. Cory’s got bigger problems.
The first glaring conundrum is his contention they need to flip “one of the houses” to do an impeachment investigation. Ok, sure. Technically. But he knows full well if it’s the Senate, impeachment is dead in the water, because just like a Presidential impeachment, the impeachment charges are brought by the House. So, in this scenario, a Democratic Senate investigates Kavanaugh; the Republican House then formally moves to shrug. So, this “one of the houses” gambit is pure theater.
But what about the House? Ah, you get the House, and sure enough, you could totally go for an impeachment–impeachment of course simply referring to the indictment of an official, not the removal from office. Straightforward from here: ratify the articles of impeachment, pass them over to the Republican Senate, and oh nevermind, they just voted not to convict.
But WAIT–ignore the little “one of” part of the Booker equation. Say Dems pick up BOTH houses November 6th. Ooh…now there’s a ballgame, right? Democratic House passes impeachment articles, hands off to a Democratic Senate, where Associate Justice Brett Kavanaugh is tried, and BOOM! A majority vote successfully–eh, does nothing. You see, the Constitution, as Cory is well-aware, requires a supermajority–not the 60-vote kind, mind you, but a two-thirds majority vote–in order to convict, and thus remove a Supreme Court Justice from the bench (oh, and it’s Constitutional, not procedural, so they can’t use a “nuclear option” here). Yeah, that’s not gonna happen. Brett’s there for life.
Sorry, true believers, but that “Blue Wave” will have to be a freakin’ tsunami for your Kavanaugh impeachment unicorn to materialize, much less ride off anywhere but a cliff…