Conservative talk radio host Mark Levin presented a fascinating theory on his show earlier this week about why Democrats pursued a bogus impeachment doomed to failure in the U.S. Senate, and when you hear the details, I’m sure you’ll agree.
“A neighbor of mine came up to me this evening about an hour before the show, and said something that was quite profound,” Levin explained. “He said to me, ‘I’m convinced one of the reasons they’re impeaching the president is the Supreme Court.’ I said, really? What do you mean by that? ‘Well, the president has less than 11 months to go, Ruth Bader Ginsburg appears to be very ill.’ He’s not wishing anything terrible, he’s just saying what he sees.”
Levin continued, “‘And should she have to leave the bench, by hook or by crook, they want to be able to say that not only will we not allow this president or, for that matter, any Supreme Court Justice in the remaining—whatever number of months—of his presidency, but we will never allow an impeached president to appoint anybody else to the Supreme Court, whether he wins reelection or not.'”
“Isn’t that interesting? And I’ll bet he’s right. I’ll bet that’s part of the calculation,” Levin continued. “That they want to claim that they’ve crippled this lawless president, that the Republicans wouldn’t remove him from office, and there is no way that the Democrats will ever agree to him making another Supreme Court appointment, either in the next 11 months or, as I say, should he get re-elected and in the four years subsequent to his first term.”
Democrats similarly claimed that Trump couldn’t appoint Brett Kavanaugh to the Supreme Court because he was the subject of a special counsel investigation, even though Bill Clinton had been able to nominate to the Supreme Court while he was. However, there is nothing in the Constitution that limits Trump’s ability to nominate for the Supreme Court aside from requiring the advice and consent of the U.S. Senate. While I don’t doubt the Supreme Court is a huge part of their motivation, it’s also safe to say that should Ruth Bader Ginsburg, or anyone else retire or otherwise leave the Court, Democrats were gonna make the hearings for whomever Trump nominates make the Kavanaugh hearings look like an episode of Sesame Street—regardless of impeachment.
Matt Margolis is the author of Trumping Obama: How President Trump Saved Us From Barack Obama’s Legacy and the bestselling book The Worst President in History: The Legacy of Barack Obama. You can follow Matt on Twitter @MattMargolis