By Dayo Benson New York
The much awaited epoch Senate trial of President Donald John Trump, begins tomorrow, January 21,2020, at 1p.m. Eastern time at the Capitol, Washington D.C. The 100 Senators are sitting as Jurors, with the United States Supreme Court Chief Justice
John Robert, presiding.
The stage was set for the landmark trial when Chief Justice Robert took the oath of impartiality which the Senate’s presiding officer administered on him Thursday last week. The Chief Justice in turn administered an oath to do “impartial justice according to Constitution and Law” on the Senators in a brief solemn ceremony. The Senators, in a set of four, filed forward to sign the oath book. President Trump, United States 45th President, was impeached December 18,2019, by Democrats controlled House of Representatives on two articles. He is the third American President in history to be impeached.
Earlier that Thursday last week, a seven-man prosecution team led by House of Representatives Intelligence Committee Chairman Adam Schiff, walked into the Senate Chamber, armed with the two articles of impeachment. Schiff read the charges against Trump contained in the articles. Under House Resolution 755, the President was charged with “high crime and misdemeanor.” Trump who was accused of “abuse of power” and “obstruction of Congress” was described as a threat to national security and unfit to hold the exalted office of United States President.
Trump has been notified of the charges against him. He has maintained his innocence, even as he derisively described the House impeachment as a “hoax and political witch hunt.”
The President has looked forward to the Senate trial with bloated enthusiasm. He is confident of being acquitted by the Republican controlled Upper Legislative Chamber.
This optimism initially waned after the solemn swearing-in of Chief Justice Robert and the Senators.
House Speaker Nancy Pelosi, had Wednesday last week, named the seven-man prosecution team as the impeachment managers at the Senate trial. Other members are House Judiciary Committee Chairman Jerrold Nadler, Hakeem Jeffries Chairman of the House Democratic Caucus, Val Demings member, House Judiciary and Intelligence committees , Jason Crow, former Army Ranger who served three combat tours in Iraq and Afghanistan, Sylvia Garcia , a social worker and legal aid worker, Zoe , No. 2 Democrat on the House Judiciary Committee. In choosing the managers, Pelosi said emphasis was placed on prosecutorial ability.
Tomorrow’s proceeding is expected to take opening statements from both sides. The major issue, however, is the crucial vote on whether or not to call more witnesses. Democrats have been pushing for more witnesses to be called at the Senate trial, even before the jurors took the oath to do “impartial justice.” However, there are pushbacks from Republicans. Senate Majority Leader Mitch McConnell, appeared to have backed down on the issue. This, probably was unexpected, after Democrats’ much sought after star witness, former National Security Adviser John Bolton, indicated his willingness to testify if subpoenaed by the Senate. Bolton had gone to court to seek a restraining order from testifying when the House invited him during the impeachment hearings. An associate of Trump’s personal lawyer Ruddy Giuliani, Lev Parnas, who is facing criminal charges in New York, has also expressed his desire to testify before the Senate. He has released some relevant documents on the Ukraine saga, including personal photographs and videos with Trump. The President denied knowing Parnas. Republicans however want Joe Biden, Hunter Biden, the Whistle Blower, and others to testify. It remains to be seen whether there will be witnesses reciprocity. Government Accountability Office, GAO, said Trump broke the law by withholding the military aid meant for Ukraine.
Democrats need four Republicans to add up to their 47 minority to have more witnesses called if the issue is put to vote. The optics suggest this, given the current dynamics in the Senate Chamber. Some Republican Senators like Susan Collins who is critical of Trump and Mitt Romney, who described himself as a “renegade Republican” may break ranks when it comes to voting. However, ultra conservative Republicans like McConnell, are poised to acquit the President at all cost. For the dyed-in-the-wool Trumpers, the House Impeachment is a political hogwash that should be given the treatment it deserves.
The White House, Friday last week assembled well known legal defence team. The team will be led by Alan Dershowitz, professor emeritus at Harvard Law School. He defended or advised high-profile cases like O.J. Simpson, Jeffrey Epstein and Harvey Weinstein. He will only present constitutional arguments against impeachment. Kenneth Starr, ex-Baylor president, ex-Pepperdine law professor, ex-independent counsel, and ex-solicitor general. As independent counsel, Starr led the investigation into the Clintons and the Whitewater real estate deal, which led to President Bill Clinton’s impeachment. Pat Cipollone,
a product of University of Chicago Law School, he was an assistant to Bill Barr in his first tenure as attorney general in the early ’90s. He replaced Don McGahn as White House counsel in October of 2018. Jay Sekulow, personal attorney to Trump and chief counsel at the American Center for Law and Justice. Robert Ray, succeeded Starr as independent counsel during the investigations of Clinton and issued the final reports. Before then, he served as assistant U.S. attorney for the Southern District of New York. Pam Bondi, member of the White House impeachment communications team, he was involved in a Trump Foundation controversy after the charity was compelled to pay a penalty for donating to a campaign group connected to Bondi. Jane Raskin, a veteran attorney, she has been in public and private practice. Raskin and her husband joined Trump’s legal team in April of 2018. They engaged Mueller’s team and stonewalled the special counsel’s effort to interview the president.
Patrick Philbin, deputy White House counsel, he worked briefly at the DOJ under President George W. Bush. Philbin was in private law firm for over a decade before joining the White House Counsel’s Office in December 2018. Mike Purpura, deputy White House counsel, he served as an associate towards the end of Bush administration and went into private practice in Hawaii thereafter.
Both prosecution and defence teams Saturday beat the 5p.m. Eastern time to file their briefs of arguments. The defence lawyers in aSix-page response said the impeachment was a “brazen attempt to interfere with the 2016 presidential election” adding that the articles of impeachment did not disclose any crime. The prosecution in over 100-page document insisted the President committed serious crime and should be removed from office.
Even with the Chief Justice Robert presiding over the trial which is expected to last weeks, he lacks the power of a sitting Judge. He is only expected to cast a breaking vote where there is a tie of 50-50 votes. Those who know him said he never wishes to play such a role in this deeply partisan situation. The ground rules will be set by the Senators who can also overrule him. This is where the trial is merely wearing the garb of Judicial proceeding, when it is actually a political trial.
Expectedly, the pretended solemnity that characterised the oath of impartiality would be subsumed in the anticipated charged atmosphere when the fireworks begin. Democrats need 20 Republican Senators to get the two third required to remove the President. The Constitution requires 67 Senators to fulfil this requirement. Analysts believe that getting this figure is unlikely.
In the trial of President Trump, will the verdict be based on form or substance, fact or fiction, reason or emotion, law or politics, innocence or guilt, or as predicted, will it be a sheer partisan show between Democrats versus Republicans? Will the Senate trial of the President do impartial justice according to law and constitution? The answer resides in the womb of the weeks ahead.
