It would be worse if Rubio actually believed his job was simply to pass bills. That’s not what his oath of office says or what the Constitution demands of him. To refresh everyone’s memory, the oath begins: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic …” That’s the oath Rubio took, not a vow of silence.
He is there to defend our democracy, whether that threat comes from the president of the United States or the president of Russia. He’s there to protect an independent judiciary and to act as a check against a president who brazenly and openly seeks to derail a legitimate investigation in the president’s possible collaboration with a hostile power to win the presidency. I’m not sure what legislation Rubio is toiling away at 24/7 (it’s not the GI Bill or the Civil Rights Act, to be sure) that leaves him no time to opine, but whatever it is, that legislation pales in comparison to the obligation of oversight, the obligation to speak out in defense of our democracy and the obligation — if he loves passing legislation — to enact a law protecting special counsel Robert S. Mueller III and Deputy Attorney General Rod J. Rosenstein.
Rubio is hardly alone, of course. It’s par for the course. Trump’s assault on democracy, the press and an independent judiciary would not continue if Republicans firmly and explicitly called him out. They have the power to vote on resolutions and on legislation. They have the power to conduct searching, serious oversight rather than put the FBI and the Justice Department on trial in their kangaroo courts. We’ve come a long way from a GOP that fancied itself as a guardian of the Constitution. Now Republicans cannot manage to defend their institution as a co-equal branch of government and check on the president. What better reason to take the majority away from them?