By Mitchell Zimmerman
President Trump is on trial.
As in a real trial, charges have been asserted: the House alleges high crimes and misdemeanors. A judge presides: Chief Justice John Roberts sits in his fine black robe at the head of the chamber. There are prosecutors (the House impeachment managers) and defense counsel (Trump’s “A-team” of lawyers).
And pursuant to our Constitution, the jurors — the members of the Senate — have sworn an oath to render “impartial justice” at the end of the trial.
So, it looks like a trial. Except that in my 40 years as a lawyer, I’ve never seen a trial that corruptly flouted the basic requirements for fairness as brazenly as this one.
In a real trial, any juror who admitted conspiring with the defendant would be unceremoniously ejected from the jury. Yet Republican Senate leader and sworn-to-be-impartial juror Mitch McConnell openly proclaims on television, “Everything I do during this, I’m coordinating with White House counsel.”
Only in Alice in Wonderland would we expect a verdict prior to jury deliberations — or a juror like Republican Senator Lindsey Graham, who announced his vote before the trial began: “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.”
Still more bizarre is a “trial” where the jurors refuse to consider evidence. Ten Republican Senators proposed to dismiss the case without any proceedings, and McConnell is against having witnesses testify or produce documents.
A trial without evidence — the testimony of witnesses and documents — is a travesty of justice.
Just recently, we learned that John Bolton, Trump’s former national security adviser, said that Trump privately admitted he was holding up aid to Ukraine until Ukraine launched investigations of Democrats. That’s the central charge of the House impeachment managers.
Trump disputes Bolton’s account. So, someone is lying.
In a trial, the jury usually decides which party is lying by seeing how they hold up under cross-examination, which 19th century jurist John Henry Wigmore described as “the greatest legal engine ever invented for the discovery of truth.”
No wonder Trump’s men don’t want a real trial. The last thing they want is Donald Trump on the witness stand.
Instead, they argue that Bolton’s allegations should be ignored because “we do not deal with allegations that are not based on evidentiary standards.” Actually, that is precisely the reason his testimony should be heard: because it is evidence.
Is it too late to do anything about McConnell’s scheme to hastily absolve the president?
Well, a handful of Republican senators could turn the make-believe trial into a real one by insisting that witnesses and documents be subpoenaed and heard, voting against the false time limits on the trial, and taking the issues seriously.
The presiding judge, Chief Justice Roberts, could also act like a real judge.
He could challenge the presence on the impeachment trial jury of those who admitted they won’t provide the “impartial justice” they swore to render. And he could issue subpoenas and indeed even call witnesses on his own initiative, as required for a thorough and just adjudication.
Instead, Roberts seems to be fervently wishing he were somewhere else, perhaps trying to burnish the court’s little-deserved reputation for even-handed justice.
But Roberts can’t escape the battle over whether the Senate engages in a sham proceeding or an honest one. As the Constitution requires, he presides. If the Senate won’t do its constitutional duty to conduct a real trial, Roberts should make them.
Mitchell Zimmerman is an attorney and author of Mississippi Reckoning, a thriller and historical novel about the death penalty and the civil rights movement.
FlaglerLive relies on a strong core of donors. But they’re just a fraction of the 25,000 readers who daily depend on FlaglerLive for reliable, fearless reporting and analysis you cannot get anywhere else. If you’re still on the sidelines, we need you to join the Friends of FlaglerLive today. Elections, storms, the latest catastrophe - when dependable and factual local reporting will be more essential than ever, take a stand for integrity and have a direct voice in fostering serious journalism in your community. As little as $10 makes a difference, or better still, become a monthly donor: Become a "Friend of" FlaglerLive, a 501(c)(3) non-profit news organization. Donations are tax deductible. Think of it as buying a "scoop", in every sense of the term!
Reader Interactions
Comments
Leave a Reply
This site uses Akismet to reduce spam. Learn how your comment data is processed.
Rick says
There are many differences to are ignoring to present your one sided argument. This was an impeachment trial based on evidence collected and presented by the house. they repeatedly argued that they had overwhelming evidence and presented e evidence from 17 of 18 depositions they conducted. Please present a balanced argument instead of the talking points that have been overused and rejected.
Mark says
I guess the dems witnesses and documentation don’t count. You know, the ones from the lame investigation. A trial built on an incomplete investigation doesn’t go far in a normal court either.
Steve says
The AG would not supply Special Counsel so Investigation was done by House which is not usually the case .Know the facts before you stick your foot in mouth.
Lin says
To the Lawyer:
Obviously. you are an advocate for the prosecution — yes, I know we have adversarial trials in this country. But let’s be fair here. This Impeachment and Trial have rules in the House and Senate that seem to flout due process, evidentiary and here say rules. In fact, those long-winded prosecutorial speeches were not done with oaths as usual witnesses. Oh, and there were 17 or 18 witnesses put up by the prosecutors (House Managers) with no opportunity for the President’s attorneys to cross examine them. Not like a usual trial, right?
How can this be fair when those very Senators who are voting Wednesday are running for election against the Defendant?
Also unlike a normal trial, you bring up Lindsey Graham being partial and not able to give an unbiased verdict. Are ANY of the Senators, who are the jurors, IMPARTIAL? No. None. Were any House members impartial? In Jury Pretrial questioning, would any of these representatives make it to any Jury? Many in House and Senate have been trying to railroad the President since before the election. So many lies were told by the House Manager Schiff even before the Impeachment about all the evidence that was coming out any day now to prove President Trump guilty of conspiracy and collusion and the next witness whether Bolton or a so-called whistleblower will seal the deal for the opposition. Ok, you had your chance. You had your majority, so Impeachment happened. We will have to suffer through a few more days of lies and rerun readings from the binders of the performers, and a vote will happen. Let it go, or work to change the Constitution. But with due process and a fair real jury, if that is even possible, the Impeachment wouldn’t have happened.
The FISA warrants were invalid, many Americans were unmasked and spied upon.
Trump has been investigated for years now & still an impeachment without a crime, without victims and without truth. More truth about the lengths many have gone to in order to disenfranchise many of us needs to come out. I’m looking forward to it.
I’d like Congress to get to work to solve many of the issues that need fixing. And without the dour processions, gold pens and hypocrisy. Please.
Steve says
How do you feel now about retribution and interfering with a Federal Court cases outcome. How about his ridiculous child like Sophmoric threats and remarks. If its all OK why are Senators Voting to limit his War Powers. Hes out of control thats why smartie pants . Some of what you say is true. Most is rabid foaming at the mouth false narrative.
Lin says
How do you feel about criminal justice reform? How did you feel when the reforms were done bi partisan & Alice Marie Johnson and others were released? Sometimes sentences are fair and sometimes they are not.
How did you feel when former President Clinton met with Loretta Lynch on the tarmac when his wife was under scrutiny?
How did you feel when Obama’s self-proclaimed wingman Eric Holder was held in criminal and civil Contempt for his obstruction during the Fast and Furious scandal. 255 to 67 bipartisan vote.
The Attorney General is part of the Executive Branch and President Trump has rights to free speech and the powers granted to the President by our Constitution. Can’t help it if I’m smart.
Bill May says
Mr. Zimmerman:
You’ve been an attorney for 40 years. I would have assumed that you had studied the constitution in law school but after reading your comments I’m not so sure that you did.
We all agree that we want a fair, unbiased trial and that the accused is innocent until proven guilty. Your party did not come close to proving Trump guilty of any crime, much less guilty of anything impeachable. Obviously you didn’t watch all the hearings and the “trial” like I did—every minute of it. I sat here day after day with my copy of our constitution and watched with amazement how anyone could not grasp what Schumer, Schiff and Nadler were trying to do. After all these years of investigating Trump, they had nothing. Their allegations were pathetic. Anyone that defends them in my opinion is either so biased that they “goosestep” to Pelosi’s and Schumer’s instructions or they are just plain ignorant of what is really so obvious to anyone that followed this.
You criticize Lindsay Graham for announcing how he would vote before the trial. Say hello to Maxine Waters, and a whole slew of democrats that began the process before Trump was elected. Tell me that you honestly believe that your party approached this process impartially.
Personally I could care less if there were witnesses or not BUT I assure you that Bolton has nothing that is worthy of impeachment. Your party says this isn’t about the Biden’s and it isn’t but given Biden’s proven involvement in Ukraine, if he and Hunter were forced to testify, it would literally destroy Obama’s presidency and prove that Trump had every right to ask the questions he did. And I am pretty sure Trump asked questions regarding Ukraine corruption before Biden announced his presidential run. Read that twice.
I and many Americans have lost a lot of faith in your party. We look at them as a bunch of lying, dishonest self-centered men and women that have no interest in preserving our constitutional republic.
Respectfully,
Bill May
LTC, US Army (ret)
Palm Coast
David Studnicki says
Well said Colonel. I completely agree with you.
The large sign that was on display during the Congressional Impeachment Hearings that stated “If we don’t impeach Trump he will be re-elected” is a sure indication of those who are actually trying to influence the election.
Veteran says
Another guy who hates Trump because he’s an outsider who has done what he promised which the democrats couldn’t do. And this is not the same as a regular trial and the author knows it. It’s a political trial. Just about every democrat with vote to convict and republican to acquit.
Alex says
Stalin’s Communist trial had witnesses, biased but witnesses.
A new low in American history.
TeddyBallGame says
Alex, your statement is indeed accurate as far as the description of Stalinist show trials. But you do your cause great harm.
Rick G says
This whole thing is a mockery of sham of mockery.. truly the lowest point of our country’s existence.
Steve says
The GOP Congressional members in both House and Senate were handed the sword of Political suicide and they failed themselves, Their Party, Country and Constitution.
Travesty
Vote Accordingly
Gary R says
[Gary, can you once in a while just give us your thoughts. without links? Certainly they’re brilliant. Thanks.–FL]
Democrats are hypocrites. Biden Argued Against Impeachment Witnesses In 1999 https://politicalwire.com/2020/01/30/biden-argued-against-impeachment-witnesses-in-1999/
Schumer wants witnesses for a Trump trial but rejected them for Clinton in 1999 https://www.washingtonexaminer.com/news/schumer-wants-witnesses-for-a-trump-trial-but-rejected-them-for-clinton-in-1999
Dave S says
If this was a “real trial” all of the jurors would have been disqualified for cause. Every senator from both parties had a clear bias long before the trial began.
Jimbo99 says
What did anyone really expect would come of all of this ?
Mike Cocchiola says
Donald Trump’s sham “trial” gave sufficient evidence to prove one thing – Senate Republicans have anointed Trump King, unfettered by law, Constitution or the accepted conventions of our democracy. They have given Trump a license to further corrupt the federal government, to steal the next election and to continue to enrich himself and his family. America has embarrassed itself before the world. We can no longer hold ourselves up as a beacon of light for the world to emulate. Nor are we Ronald Reagan’s “Shining City on a Hill”. We are now a virtual rogue nation with the ability to bully other nations with our weaponry and an unstable and petulant president with his vengeful finger on the red button.
Agkistrodon says
If Democrats in the HOUSE had done their job PROPERLY, you might have a leg to stand on. But that is not the case, and Pelosi FULLY knew that when she sent their “airtight” case over to the Senate. If it was so cute and dry that the President is guilty. Why do they need anything more, after all that is what Schiff told us. And while Pelosi and Schiff are so focused on impeachment, their very own State is falling to pieces and those who can are Leaving.
snapperhead says
People so obsessed that their “side” wins they espouse completely different opinions when the facts don’t benefit their team. Take the deficit for example. When Obama was President the deficits were going to bankrupt Murica and it was the end of the world as we know it. Under Trump, with much more favorable conditions, the deficit is exploding and is expected to for years. Not a word from the GOP talking heads. If Obama were President the last 3 years and made the exact same decisions Trump has the right would be going bonkers and the left would be praising him. Hypocrisy at it’s finest. Go team Go….fuck Murica.
bobg says
You can argue the legalities, the technicalities, the constitutionality, etc., but what it really boils down to for the average Joe and the majority of Americans is that Trump did exactly what was alleged (it’s who he is) and the Senate trial was a joke, a blatant whitewash and a complete sham.
Maggie says
The Republican’s: “The Democrats don’t have the proof. There is no quid pro quo. Welllll, ok maybe they do after all and opps there is a quid pro quo. But what Trump did wasn’t really so bad was it? Wellll, ok, maybe it was bad, but we have say it wasn’t because Donald and his following may get mad at us and we could lose our jobs.”
And they call themselves Jurors?
halfbreed says
the house did not have a good case, it’s NOT the senates job to make the case, if you were a lawyer for 40 years you must have been a poor one
Joshua says
Trump has accumulated over 17,000 lies, Bolton is known as a straight shooter and not a liar. Therefore, I believe Bolton, not Trump.
There was exactly ONE imperfect FISA warrant out of many.
The Senate Republicans voted against witnesses and documents, proof that they wanted to hide just how corrupt and incompetent this president is.
The economy is slowing down. If there is a recession Trump has forced the interest rate down so far, there will no way of stopping it.
This economy is fueled by Trump’s government spending. Trump is dispensing our tax dollars without regard for the trillions in debt we are leaving to our children and grandchildren, along with the damage to our earth by Trump’s outright stupidity in denying global warming.
Trump is a crook who does whatever he can to make a dollar for himself. He is a player in the New York mob and like John Gotti had, he has a following of admirers who don’t care what crimes he commits or what lies he tells. Like John Gotti, he could shoot someone on Fifth Avenue and the gullible will cheer him on.
Lin says
No, there were 2 FISA’s On Carter Page (many media outlets inc NBC and CNN reported) flagged that had misstatements & potentially exculpatory info.
Wow, the Dems have sure changed. Now it is ok for the alphabet agencies like the FBI to spy on Americans and lie about it. They spied on Congressmen and media people galore. Growing up, the Dems has the reputation for protecting rights now even free speech is threatened — now, the Dem word police are everywhere. And let’s not talk about the Bidens and the Clintons. Whatever happened to the ACLU?
Paul Taylor says
Sadly, since Citizens United, the US Congress is dominated by big money donors who have absolute control of Senate votes.
There’s no way any of the money grubbing members of the Republican caucus would risk their job security or wealth by listening to their constituents or admitting Trump’s guilt
Pogo says
@Thank you Mitchell Zimmerman
You’re in the good company of famed lefty never trumper tree hugger Rex Tillerson.
https://en.wikipedia.org/wiki/Rex_Tillerson
Y’all remember trump’s first Secretary of State.
https://www.google.com/search?-b-1-d&q=tillerson+trump+a+moron
And squishy trump haters like United States Marine General John F. Kelly.
https://en.wikipedia.org/wiki/John_F._Kelly
Kelly says he believes a lefty wimp like John Bolton.
https://en.wikipedia.org/wiki/John_Bolton
The lefty rag the National Review claims Gen. Kelly, like you, believes John Bolton.
https://www.nationalreview.com/news/former-trump-chief-of-staff-john-kelly-i-believe-john-bolton/
Could all those socialist trump haters be right?
BIll says
BUT The House’s Make-Believe Prosecution of Donald Trump was just fine??
101 says
The monkey trial was a disgrace to our country. Donald Trump either bribes people or he threatens them. The Republican Senators are down right cowards not to stand up to him and uphold the oath of office they took for our Constitution.
This is the biggest threat to our democracy and now allowing Don the Con thinking he can do just about anything he wants.
So if our coward Republican Senators feel it was ok to go to foreign country to try to find out dirt on a opponent, then I feel the Democrat Senators need now to go dig up dirt on Donald Trump and we know there is plenty of that in this world.
Lets start with his modeling pageants over in Russia, lets also start with his connection to Epstein or why he refuses to show his tax returns? If he wants to dig up dirt on others the same can be done to him.
He is nothing but a fake, a phony and a bully not to mention a business failure. He will tell you the economy is the best it has ever been, he means only for the rich on his tax cuts to them. Ask middle class Anericans what has he done for them and the answer is a big fat NOTHING. He will now take away their food stamps, their medicare, their medicaid and their social security is that what you call making America Great Again, I think NOT. He will cut anything he can to make up for the larges national debt in our history of any other President in office. He has filed bankruptcy personally many, many times and now he is doing the same to our government.
Once again he is a con man and is a national disaster to the USA.
Downtown says
It’s a given that there is nothing to be said that will change another’s mind. So, let’s agree to disagree and peacefully go on. But here’s my thought. President Trump has been investigated more than anyone in the world. Every Federal agency has conducted in depth investigations. There have been IG investigations, Special Counsel investigations, FBI, CIA AG, DOJ, IRS on and on. Also several States have conducted their own investigations. But nothing has been found, NOTHING. So there is only one logical conclusion, Trump is innocent.
Outsider says
A make-believe trial for make-believe charges. What could be more appropriate?
mark101 says
Correct. We have a House Controlled by Democrats and they have failed to do anything during their control to address, Healthcare, Housing, Veteran Care, Immigration, Out of Control Insurance Premiums to name a few. In all Trump won and the House lost. Only the voters have a choice Nov 3 2020.
Steve says
BULLSHIT there are Bills on no balls Do Nothing Turtle Mitches desk on many of those topics that many Senators would like to vote on and HE wont act. Stop listening to Fox and draw your own inferences . Dont be a rabid foaming misinformed zombie.