Yesterday, House Speaker Nancy Pelosi signed the articles of impeachment and named seven impeachment managers, House members who will act as prosecutors in the Senate trial. The managers ceremoniously walked the articles through the Capitol to the Senate Chamber, starting a 24-hour clock in which the trial must begin.
Much is being made of the way Speaker Pelosi signed the bill, using a different pen for each letter. That is often done when signing historic legislation, so that people who are important to that piece of legislation have a memento of it. I remember the ceremony when President Obama signed the Affordable Care Act in this fashion; one of the pens went to the head of the Catholic hospitals who had publicly advocated for passage of the bill.
Some have questioned the solemnity of the procession through the Capitol building, but this is part of the Congressional tradition, seen most recently after the impeachment of President Clinton. Among the House managers, who will act as prosecutors in the trial, are Representatives Adam Schiff and Zoe Lofgren. Rep. Schiff is a former prosecutor who is chair of the House Intelligence committee, which is conducting an ongoing investigation of the Ukraine situation at the heart of the impeachment articles. This is the third impeachment on which Judiciary committee member Rep. Lofgren has worked. As a law student, she assisted the Judiciary committee in drafting the articles of impeachment against Richard Nixon. She was a member of the Judiciary committee during the Clinton impeachment.
Speaker Pelosi has been criticized for not sending the articles to the Senate immediately after the House passed them in December, but, at that point, Congress was getting ready to adjourn for a long holiday break. During the break, more evidence in the case became public and even more has come to light in recent days. This is important particularly if Senate Majority Leader Mitch McConnell blocks new evidence at the trial. It has also given the public a chance to see more of the evidence, which puts pressure on senators to actually consider the evidence instead of voting only by party.
Today, Supreme Court Chief Justice John Roberts will swear in each senator to “do impartial justice according to the Constitution and laws.” Some senators, most notably Mitch McConnell and Lindsey Graham, have stated publicly that they are not impartial. Other senators have made a point of not reading the depositions and testimony gathered by the House. There is a question of whether or not there will be new evidence accepted or if there will be subpoenas for additional witnesses to testify. The House investigation was impeded by the White House and the rest of the executive branch, which refused requests for documents and testimony, even when it had been subpoenaed. A few officials chose to honor the subpoenas on their own and gave valuable testimony to the House investigation. Some documents were released through Freedom of Information requests from non-governmental organizations. The way the president and his staff have treated legitimate requests from Congress seems to me to prove the second article of impeachment, obstruction of Congress.
I hope that, now that the time has come, each senator will treat their oath seriously. If they do not, I hope that they will either not run for re-election or will be defeated if they do. The public deserves a full and fair trial. If the president is not removed from office, “we the people” need to know the extent of the evidence against the president and his team, including the vice-president, in order to inform our voting decisions in November.
The senators should also soberly consider the impact of their decisions in this case on the country’s future. The president has publicly called on foreign powers to interfere in both the 2016 and 2020 elections. Evidence already available supports this. A vote against the first article of impeachment means that the senator believes that an attack on our national sovereignty is not a “high crime or misdemeanor” – or is only a high crime or misdemeanor if the president is not a member of their party. A vote against the second article of impeachment means that it is okay with that senator for a president to defy all requests for documents and testimony, making constitutionally mandated oversight of the executive branch by the Congress impossible. It means that there is no longer a system of checks and balances among the three branches of government and that the president can get away with any action, however illegal, immoral, or unethical it may be – again, presumably, if the president is a member of your party.
That kind of political expediency may save a Congressperson’s seat for now, but will most likely be judged harshly by history.
Join us for Linda’s Just Jot It January! Find out more here: https://lindaghill.com/2020/01/16/daily-prompt-jusjojan-the-16th-2020/