https://www.nationalreview.com/2018/07/rod-rosenstein-impeachment-bad-idea/
This is not the way to hold the executive branch accountable.
In what was, at best, a serious tactical error, a relative handful of House conservatives attempted to file articles of impeachment against Deputy Attorney General Rod Rosenstein. The effort was quickly abandoned owing to a lack of support — including from many Republican lawmakers who believe it is essential to hold investigative agencies accountable for abuses of their legal authorities during the 2016 campaign. The impeachment gambit risks setting back that cause.
There are five articles that purport to allege impeachable offenses. I say “purport” advisedly. It is not just that no actionable misconduct on Rosenstein’s part has been established at this point. More fundamentally, some of the articles do not even state “high crimes and misdemeanors,” the applicable constitutional standard for impeachment and removal.
There are several other flaws, but I’ll deal with the two most important. First, the sponsors of the impeachment gambit conveniently overlook the fact that the deputy attorney general has a boss: President Trump. Their use of Rosenstein as a political piñata cannot obscure their studied failure to mention that the president could order the disclosure they demand at any time. This undermines Congress’s worthy examination of investigative abuses by bolstering the Democrats’ claim that Republicans are engaged in political theater to discredit the Mueller probe.
Second, Santa Claus has a better chance of being impeached than Rod Rosenstein. An impeachment attempt that is overwhelmingly defeated encourages the very misconduct it targets.
Judgment Calls Are Not Impeachable Offenses — Articles I and V
High crimes and misdemeanors are egregious violations of an official’s public trust, as I outlined in Faithless Execution, my 2014 book on the role of impeachment in our constitutional framework. For a balanced, accessible explanation of this topic, I also commend to readers Professor Cass Sunstein’s recent book, Impeachment: A Citizen’s Guide.
Impeachable offenses need not be criminal-law violations; indeed, many abuses of government power are not codified as crimes in the penal code. And there is no judicial check on impeachment; Congress alone decides how it’s used. But the Framers were quite clear that impeachment is not intended to address policy differences or good-faith legal positions that turn out to be wrong (or, at least, to be rejected by the courts). They designed the impeachment power so that it would be incredibly difficult, if not impossible, to use that way. An impeachment gambit that fails to pass the House by a majority vote, to say nothing of removing the official from office with a two-thirds supermajority in the Senate, only emboldens the alleged wrongdoer.