Word and rules are important
Senate Majority Leader Mitch McConnell (who some of us refer to as #MoscowMitch) said that he will be, "...in total coordination with the White House Counsel..." regarding the impending impeachment trial of Donald Trump.
Senator Lindsay Graham, who will vote on that impeachment said, "This thing will come to the Senate and it will die quickly, and I will do everything I can to make it die quickly."
Two of Trump's staunchest supporters expressing their commitment to defend him once the Articles of Impeachment reach the Senate. Is that a problem? Shouldn't this be an impartial, non-partisan process? The Senate's rules for impeachment contain an oath that the members of the Senate will take prior to the "trial" saying it should be.
"I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of Donald J. Trump, now pending, I will do impartial justice according to the Constution and laws: So help me God."
It was all about independence when it came to selecting the Senate as the body to handle impeachment trials, according to Alexander Hamilton. He wrote, in Federalist Paper 65:
"Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?"
People can and will make up their minds about a trial before it begins. I have served on several juries in criminal trials and it was easy to see that some minds were made up before deliberations began. But for members of the Senate to make it clear they are working in concert with the White House to ensure a verdict that will exnorate Trump is not right. These senators should recuse themselves. Or perhaps the Impeachment Manager should make a motion to the Chief Justice at the outset of the trial that Senators Graham and McConnell should be removed from the trial for announcing in advance that they will violate the aforementioned oath.
That a Senate vote will fall along party lines is expected, but history tells us it doesn't always work that way. 54 Senators voted on the impeachment of Andrew Johnson, 45 Republicansand 9 Democrats. 10 Republicans joined the 9 Democrats in voting to acquit, saving President Johnson from impeachment by one vote. When Bill Clinton was impeached in the Senate, its composition was 55 Republicans and 45 Democrats. The votes to acquit President Clinton were 50-50 and 55-45.
I do not envision enough Republican senators crossing the partisan divide and voting to impeach Donald Trump. I believe he is guilty of the two articles of impeachment and other crimes. Why he is not being charged with violating the Congressional Budget and Impoundment Control Act of 1974 is a question no one has been able to properly answer.
How can someone swear (or affirm) an oath to be impartial when they clearly are not?
Senator Lindsay Graham, who will vote on that impeachment said, "This thing will come to the Senate and it will die quickly, and I will do everything I can to make it die quickly."
Two of Trump's staunchest supporters expressing their commitment to defend him once the Articles of Impeachment reach the Senate. Is that a problem? Shouldn't this be an impartial, non-partisan process? The Senate's rules for impeachment contain an oath that the members of the Senate will take prior to the "trial" saying it should be.
"I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of Donald J. Trump, now pending, I will do impartial justice according to the Constution and laws: So help me God."
It was all about independence when it came to selecting the Senate as the body to handle impeachment trials, according to Alexander Hamilton. He wrote, in Federalist Paper 65:
"Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?"
People can and will make up their minds about a trial before it begins. I have served on several juries in criminal trials and it was easy to see that some minds were made up before deliberations began. But for members of the Senate to make it clear they are working in concert with the White House to ensure a verdict that will exnorate Trump is not right. These senators should recuse themselves. Or perhaps the Impeachment Manager should make a motion to the Chief Justice at the outset of the trial that Senators Graham and McConnell should be removed from the trial for announcing in advance that they will violate the aforementioned oath.
That a Senate vote will fall along party lines is expected, but history tells us it doesn't always work that way. 54 Senators voted on the impeachment of Andrew Johnson, 45 Republicansand 9 Democrats. 10 Republicans joined the 9 Democrats in voting to acquit, saving President Johnson from impeachment by one vote. When Bill Clinton was impeached in the Senate, its composition was 55 Republicans and 45 Democrats. The votes to acquit President Clinton were 50-50 and 55-45.
I do not envision enough Republican senators crossing the partisan divide and voting to impeach Donald Trump. I believe he is guilty of the two articles of impeachment and other crimes. Why he is not being charged with violating the Congressional Budget and Impoundment Control Act of 1974 is a question no one has been able to properly answer.
How can someone swear (or affirm) an oath to be impartial when they clearly are not?
posted by me at 10:19 AM
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