Saturday, December 21, 2019

For the (impeachment) record

Senator Lindsey Graham put it crisply. “This thing will come to the Senate, and it will die quickly, and I will do everything I can to make it die quickly,” he said. “I am trying to give a pretty clear signal I have made up my mind. I’m not trying to pretend to be a fair juror here.”

Senate Majority Leader Mitch McConnell, speaking to Fox News, was even more explicit. “Everything I do during this, I’m coordinating with White House counsel. There will be no difference between the president’s position and our position as to how to handle this to the extent that we can,” he said. “We have no choice but to take [the impeachment trial] up, but we will be working through this process, hopefully in a fairly short period of time, in total coordination with the White House counsel’s office and the people who are representing the president in the well of the Senate.”

The two senators appear to need a brief remedial course on their constitutional obligations. Article I, Section 3, Clause 6 of the Constitution declares that “the Senate shall have the sole Power to try all Impeachments.” And when the Senate is sitting “for that Purpose, [senators] shall be on Oath or Affirmation.”

The requirement of a special oath for senators sitting as impeachment triers of fact is unique in the document. Senators don’t swear a special oath to engage in the appropriations process or to consider judicial nominations or to propose health-care legislation. They don’t even swear a special oath to consider a declaration of war or an authorization to use military force. But they do when the Senate sits as the trial forum for impeachment, at which point it becomes a non-legislative tribunal with a wholly different institutional purpose and face.

[...]

[T]he oath that both Graham and McConnell will swear reads as follows: “I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of Donald J. Trump, now pending, I will do impartial justice according to the Constitution and laws: So help me God.’’

  The Atlantic
And they've already signaled their intention to break that oath, if they take it.
Democrats have been commenting, too. Senator Elizabeth Warren has been among the most outspoken: “Of course I will,” she answered when asked during the November Democratic presidential debate whether she would vote to convict Trump.
That's not a good look. At least you're supposed to SAY you're going to hear all the evidence before you make up your mind.
So what remedy is available for this constitutional infidelity? There is no penalty, other than political punishment, for senators who flagrantly violate their oath—at least not if they do so in a fashion that doesn’t otherwise violate some law. Just as if McConnell and Graham were to announce that they will preserve and protect the Constitution from all enemies foreign and domestic unless those enemies are Trump supporters, the remedies here are entirely political.
...but hey, do what you want...you will anyway.

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