By Dayo Benson New York
Barring any unforeseen circumstances, the on-going Senate trial of President Donald Trump, may end in acquittal today, if the Democrats fail to secure 51 majority votes required to subpoena documents and witnesses. The Senate is set to cast the crucial vote today, after 16 hours of questions and answers from Jurors to House Managers and Trump’s defence Counsels
Earlier attempt by Senate Minority Leader Chuck Schumer to get the Senate amend its resolutions on the issue among others failed. House Managers have been pushing for a subpoena of documents and witnesses. There has been pushbacks from President Trump’s lawyers. They accused the House Managers of rushing impeachment trial to achieve a pre-determined end. They also took a swipe at the Managers for asking the Jurors to do what they ought to have done, but failed to do during the impeachment trial.
Interestingly, a key witness, former National Security Adviser John Bolton, has faulted the defence’s argument. Contrary to the latter’s claim, Bolton in the manuscript of his book due for publication March 17, 2020, revealed that Trump told him the Withheld Ukraine’s military aid was tied to investigation of former Vice President Joe Biden and his son Hunter Biden. Bolton’s shattering revelation earlier in the week has been aptly described as “Bolton Bombshell.” Ambassador Bolton had indicated his willingness to testify if subpoenaed. The defence legal team would have none of that. They fear Bolton’s testimony may open a Pandora box that the Republicans may regret. In a preemptive move, one of the White House lawyers wrote a letter to Bolton’s lawyer complaining that the manuscript’s content could compromise national security, adding that they conflicted with the oath of secrecy which Bolton swore to. Bolton’s lawyer faulted this claim.
Beyond this, Republicans calculation is to conclude the trial this weekend, ahead of February 4, State of the Union Address by President Trump. It is expected that the President would leverage on the acquittal and make political gains.
There was an air of uncertainty weather the Democrats would get the much desired four Republicans to join them. The political dynamics were still very fluid in the Chamber as the questions and answers session wound down Thursday night. There were indications that three Republicans might break ranks and join Democrats. This may create a tie of 50-50. If this happens, Chief Justice John Robert, may have to break the tie. This, certainly, is a role he loathes to play.
The last seven days have witnessed opening arguments by both sides, followed by questions and answers that ended last night.
Prof Alan Dershowitz, Professor Emeritus of Harvard Law School, stirred a Constitutional controversy when he argues that whatever the President does in public interest even if it is in his personal interest to get re-elected “does not rise to a level of an impeachable offence.” However, House Managers’ Leader Adam Schiff describes Professor Dershowitz’s argument as “decent into constitutional madness.”
He says the argument is a “normalisation of what is wrong.” Professor Dershowitz explains that if the President finds himself in such a situation, it is a mixed motif, and the President needs not be subjected to psychoanalysis to establish his actual intention. The President, he submits, is free to do anything to secure his re-election if he believes it is in public interest.
He points that out even if the revelation in Bolton’s argument is True, it does not rise to an impeachable offence. Will the Senate acquit President Trump of impeachment charges today or will the trial continue? The next few hours will determine.