by R. Morris Coats
Bayou Business Review, 11/2/98 p. 23
Soon, the House Judiciary Committee begins its hearings to determine
if articles of impeachment against the President will be sent
to the Senate. Our nation will then be on the painful path of
punishment.
For those of us who remember the Watergate Hearings in the early
70s, the pain the nation endured cannot be forgotten. Nixon was
not alone in his shame. All of us, Republican and Democrat alike,
went through a shared form of torture.
Not only do those on the receiving end feel punishment, but also
those on the administering end feel the pain of punishment. Humans
are empathetic beings, and we know that whatever punishment is
administered, it cannot undo the deed. A judge must surely be
tormented when he finds that he must send an eighteen-year-old
male to several years of confinement in Angola. The phrase "lambs
to slaughter" comes to mind.
Once an offense has been committed, knowing that someone must
go through the suffering of the punishment often worsens us.
In his 1975 book, The Limits of Liberty, James Buchanan,
a George Mason University economist and Nobel Laureate, refers
to this as the punishment dilemma. Of course, those who want
revenge feel better.
Buchanan points out that if we were committed to punish offenders
and those who might commit offenses are deterred by our commitment
to punish, there would be fewer offenses. This means doing the
unpleasant when there are offenses by the undeterred.
Going through with Judiciary Committee hearings into the charges
against President Clinton is sure to prove not just embarrassing
to the President and his family, but also painful to the rest
of us. But what choice do we as a nation have?
If Congress fails to hold these hearings, are we as a nation saying
that it is O.K. to lie, perjure and obstruct justice if you do
other things that are considered "good?" Do we really
wish to send a message to those who might be asked about their
sex lives in court rooms that it is O.K. to lie in such cases?
We have seen a woman sent to jail for having sex with a 13 year-old
boy. Would she have been justified to lie?
Worse, if the hearings, painful though they may be, are not held,
what is to restrain future Presidents from abusing the power of
the office beyond their character? As a nation of voters, we
have not been all that choosy about character in our elected officials.
(Certainly, Louisiana voters have seldom seen character as a
key issue.)
Refraining from punishing law breakers makes it more likely that
others will break our laws. As an example, in The Limits of
Liberty Buchanan cites Jeb Magruder's testimony before the
Senate Watergate Committee in June of 1973. Magruder tried to
justify Nixon's burglars' law breaking by suggesting that antiwar
militants of the late 60s and early 70s repeatedly went unpunished
though they broke the same laws as the burglars themselves. While
not mentioned in this book, Buchanan himself was actually a victim
of antiwar militants who broke into his office at UCLA.
Whether Clinton is guilty of some impeachable offense or not,
there are issues that need to be aired and discussed. Did Clinton
commit perjury or did he obstruct justice in his testimony about
his relationship with "that woman, Miss Lewinsky?"
Did Judge Starr step outside the scope of his investigation in
looking into the Lewinsky affair?
It is painful to subject others to punishment ("son, this
is going to hurt me as much as it hurts you"). But pain
is sometimes necessary for healing, for getting better ("no
pain, no gain"). Surgery always involves pain, at least
in recovery, and involves risk. As a nation we need to get better.
Holding hearings, bringing out the evidence and allowing Clinton
to defend himself, is something we must do, whether we like Clinton
or not.