“Aren’t you entertained?” As the country’s economy improves and other issues lose public attention, Democrats are increasingly turning to the one thing Washington lacks: impeachment.
As they work to win back the House of Representatives in the midterm elections, Democrats are once again promising voters the equivalent of the Roman Games by restarting impeachment proceedings against President Donald Trump. For many liberal voters, impeachment has become the exciting cage match of the rule of law.
Facing a challenger on the left in New York, Rep. Dan Goldman, D-N.Y., was the latest to put impeachment before his constituents. He insisted that Trump could be impeached over the arrest of Venezuelan President Nicolás Maduro and his wife.
The same people who introduced a so-called “snap impeachment” against Trump are now suggesting that he could be impeached for an act previously deemed lawful by the courts.
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According to Goldman, the operation constitutes an undeclared war and is therefore impeachable.
The alleged shock over the operation is nothing short of comical from the leaders who said nothing when Democratic presidents took similar actions.
There were no widespread calls for impeachment when President Bill Clinton attacked Bosnia or President Barack Obama attacked Libya. In the latter case, I represented several members of Congress to challenge the undeclared war in Libya. Obama, like Trump, has dismissed any need to get congressional approval before attacking a foreign nation’s capital and military sites to force regime change. Figures like then-Secretary of State Hillary Clinton were praised for their tough actions in Libya.
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Democratic members have combined a lack of memory with an equally surprising lack of knowledge. Sen. Tim Kaine, D-Va., declared on national television that “the Constitution does not give the president the right to take military action.” It is of course completely untrue.
Presidents cannot declare war under the Constitution, but they certainly can order the use of military forces without such a declaration. Kaine did not seem offended when Democratic presidents repeatedly and routinely attacked foreign targets without prior congressional consultation, let alone approval. That includes President Barack Obama killing a U.S. citizen who has not been charged with any crime in a drone strike under his “kill list” policy.
In addition, some Democrats in the House and Senate have stated that they support or do not object to the capture.
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I have long been opposed to undeclared wars and such unilateral actions. However, as a legal analyst, I am asked whether a president has the legal authority to carry out such operations under current case law. Trump has that authority. We have lost the Libyan cause, and other challenges to such unilateral action have also failed.
This also applies to the lawsuits surrounding the arrest and prosecution of former Panamanian dictator Manuel Noriega. That also involved an attack on a foreign country. Indeed, it was a larger military operation that took days to capture Noriega, followed by regime change.
Former Panamanian strongman Manuel Noriega is pictured in this January 4, 1990 file photo, (REUTERS/HO JDP)
Noriega brought up the same international and American authorities that are cited by experts today and are lost across the board. In appeals that went all the way to the U.S. Supreme Court, Noriega lost his immunity as head of state and other claims.
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If there are grounds for such claims, Maduro is even less credible in making them. About fifty countries refused to recognize him as the head of Venezuela after he lost the last elections and took control of the country. While he declared in court this week that “I am still president of my country,” he has roughly the same claim to that office as Rep. Goldman.
Under international law, there are good faith objections to such military attacks on foreign countries. This is a claim that other countries, such as China or Russia, could use to justify their own actions. However, this is an issue that will be resolved under US law. Although Mexican President Claudia Sheinbaum stated that the action violated Article 2 of the United Nations Charter, Article II of the U.S. Constitution will determine the outcome of this case.
Mexican President Claudia Sheinbaum speaks during a press conference at the National Palace in Mexico City, Mexico, November 3, 2025. (Henry Romero/File Photo/Reuters)
Now back to the impeachment games.
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Goldman and others are suggesting they will impeach President Trump for an arrest virtually identical to the one involving Noriega that was declared lawful by the courts. Even if they disregard the criminal charges, they would accuse him of attacks that are legally no different from those carried out by a long list of presidents, including Democratic presidents, over the past two decades.
Neither history nor the Constitution matter in the impeachment games.
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In the movie “Gladiator,” Emperor Commodus noted to the game organizer that in the replay of the Battle of Carthage, the conclusion seemed to be wrong when the barbarians won: “My history is a bit blurry, Cassius, but shouldn’t the barbarians lose the Battle of Carthage?” He then said it didn’t matter. After all, these are the games, and “I prefer surprises.”
The impulsive use of impeachment is about good entertainment, not good government. For politicians fighting to stay in power like Goldman, a flash impeachment is the same appeal to the mafia.
To paraphrase Senator Gracchus from the film: “I think he knows what Rome is. Rome is the crowd. Summon magic for them and they will be distracted. … The beating heart of Rome is not the marble of the Senate, it is the sand of the Colosseum. He will bring them. [impeachments]and they will love him for it.”
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