The issue now is whether to call witnesses at the trial. McConnell says no more witnesses. Schumer (and Pelosi) want witnesses. (As we all know, Trump ordered witnesses not to testify during the impeachment inquiry. Many did as he wished and tried to tie the matter up in the courts.)
Here I suggested it wasn’t necessary for the House to wait for the courts to decide whether to enforce the subpoenas.
Why wait for the courts to decide whether the witnesses have to obey the House subpoenas? Just call the witnesses at the trial!
The Republicans want to argue that
- The impeachment investigation was “unfair”
- Because the impeachment was “unfair” they can put on a sham trial.
Not only is the above false (the impeachment proceedings were not unfair), it is an inherently unethical argument.
It’s like saying, “You did something wrong, which entitles me to do something wrong.” Either you stand for principles or you don’t. If the impeachment hearing WAS unfair, the solution (for principled people) is to make a fair trial.
[In fact, the impeachment proceedings are analogous to a law enforcement investigation and grand jury proceedings. The subject of an investigation doesn’t get to call witnesses at the grand jury proceeding. Moreover, the House in this impeachment proceeding followed the rules. GOP arguments are silly, and they know it. They’re lying on purpose.]
Even more absurdly, the Republicans argued that the impeachment proceeding was unfair because they weren’t allowed to call their witnesses or have more days of questioning.
If so, you don’t refuse to have a full trial with all the witnesses and questioning you want.
Senate rules allow the Senators to compel witnesses to testify at the trial. For more on the rules, click here. There is nothing in those rules about “wait for courts to decide.” Congress, after all, has the sole power over impeachments and removals. Waiting for the courts to decide means transferring the power to the courts. Besides, the Supreme Court justice presides at the Senate trial. So no need to go to the Courts. The third branch of government is included in the process.
Expert witnesses explained that with a crime in progress, and a president presenting an immediate danger to the public, so it makes no sense to have to wait months for courts to decide.
Schumer explains here what he’s doing, and why he welcomes a 2 week delay. (It’s a short clip.)
When people tend to tell the truth, I tend to take them at their word. Schumer wants each Republican to have to vote on whether to call witnesses and compel evidence.
Some things are complicated. Some things are simple. Everyone understands that if a person hides evidence and orders people not to testify, that person is guilty. They also understand that if the Senators say:”we don’t want to hear from witnesses,” it was a sham trial.
People understand that if it the trial is a sham, nobody will believe Trump was exonerated.
- We refuse to hear from relevant witnesses
- We refuse to look at relevant evidence
- We declare Trump innocent.
Only those willing to say “up is down” will accept the above.
I’ll also go ahead and take Christine Pelosi at her word. (This is a fun clip about Pelosi) What is happening now is the kind of negotiation that happens before a trial.
Schumer mentions the 2 week break. Republicans will be at home. They’ll have lots of time to think it over. Presumably people will ask them tough questions.
They’ll have to consider what it means to vote “no witnesses” and then declare the trial fair and Trump exonerated.
Usually the holiday break offers a slower news cycle.
They’ll have time to answer questions and consider these kinds of arguments.
The Republican Senators are caught between a rock and a hard place. GOP Senators can either:
- vote against witnesses and announce to the country that they’re not interested in truth, and take the heat for that in Nov. 2020, or
- have a real trial and put the truth about Trump on full display, and take the heat for THAT in Nov. 2020.
Here you see a tactical error made by Doug Collins and his House Republican pals:
All that shouting they did about how unfair the process was because they couldn’t call witnesses means a majority of the public wants witnesses at the Senate trial.
Similarly, Jeff Flake’s Op Ed highlights the tactical brilliance of Pelosi and Schumer’s timing. Impeach before the break so the impeachment is done. This then creates a 2-week period for these issues to percolate. There’s time for reflection and hard questions.
If you have a Republican Senator, you know what to do.
Let your Senator know how you feel. Here’s how you contact your Senator. Write letters to your local newspaper. Circulate petitions. Put a sign on your lawn. Mobilize people in your state.
Ready, go.
