Finally, the articles of impeachment against President Donald J. Trump approved by the US House of Representatives were transmitted to the Senate last week. This started the impeachment trial of Trump. Chief Justice John Roberts Jr. has begun presiding over the proceedings with the 100 senators acting as jurors to decide whether the articles of impeachment are valid to oust the president from office.
The group of 7 Managers tasked to handle the prosecution of the case is
headed by House Intelligence Committee Chairman Adam Schiff, whose committee
conducted the impeachment investigations and collected evidence that formed the
basis for the impeachment. Schiff expects that new evidence will come out,
which will be presented during the trial. One such evidence, which an impartial
Senate establishing the facts cannot ignore, and objective jurors searching for
truth cannot disregard, was the conclusion of the Government Accounting Office
(GAO), a nonpartisan US congressional watchdog, that the Trump administration violated
the law when “it withheld US security aid to Ukraine last year that had been
appropriated by Congress.” Earlier, Schiff, the lead prosecutor of the case,
had issued a statement saying, “If it’s relevant, if it’s probative, if it
sheds light on the guilt or innocence of the president, then it should be
admitted.” The House of Representatives controlled by the Democrats has
approved the two articles of impeachment—abuse of power and obstruction of
Congress—but the ensuing skirmishes between
Senate Majority Leader Mitch McConnell and Speaker Nancy Pelosi over the rules
for the impeachment trial had stalled its endorsement to the Senate. Pelosi
held its transmittal to ensure a fair trial in the Senate which under the US
Constitution shall try and decide the case. This is a genuine concern after
McConnell and other Republican senators have stated that they would not serve
as impartial jurors, followed by McConnell’s admission that he met with the
White House lawyers to coordinate the trial of the case. While impeachment is
widely accepted as a political exercise, Section 3, Article 1 of the US
Constitution requires the senators who act as impeachment jurors to take an
oath or affirmation where they will swear “to do impartial justice according to
the Constitution and the laws.” But will the Republican senators be equal to
their pledge and place national interests above their reelection bids? Almost
all of them have not shown any independence from the White House.
The Democrats had demanded to call new witnesses particularly former National Security Adviser John Bolton who had expressed willingness to attend the trial if he is subpoenaed as a witness. Senate Minority Leader Chuck Schumer wanted four witnesses, including the White House Chief of Staff John Mulvaney who once admitted of a quid pro quo arrangement between White House and Ukraine on the release of the aid. Trump had warned that he would prevent Bolton’s testimony by invoking executive privilege. Relevant witnesses were presented during the impeachment trials of former Presidents Andrew Johnson and Bill Clinton, the only two other presidents who were impeached by Congress. While Trump’s impeachment was a foregone conclusion, convicting and ousting him from the presidency is close to impossible. The Republicans control the Senate and it is extremely doubtful if the Democrats can convince enough Republicans to vote in favor of calling more witnesses. A handful of swing Republican senators seem receptive to the idea but the Democrats need at least four converts to obtain the required majority vote. One observer warned that “if the Senate does not call Bolton and the other witnesses with first hand knowledge of the president’s action, it would be facilitating a cover up and this is how history will record it.”
Trump has repeatedly denounced his impeachment as a hoax, and the reelectionist Republican senators who are wary of losing Trump’s and his constituents’ support, stand by him. It is unfortunate that under Trump, the US standing as the world’s beacon of justice and exemplar of morality in public service has suffered a severe blow. Now, it is no longer regarded as the model of democracy where the Rule of Law reigns supreme. Trump has blatantly abused his power when he allegedly withheld US military aid to Ukraine in exchange for the investigation of his political opponents. He reportedly obstructed Congress in its investigation of the case against him by preventing his subordinates from testifying before the congressional inquiry. Trump’s undisguised message is that he is above the law. Democrats said abuse of power under Trump has reached unheard of proportions.
Regrettably, our democratic system has allowed rogue politicians to get elected into office which lends legitimacy to their despotic rule. Elections can pave the way to dictatorship and eventually produce sham democracies. Remember that Hitler was elevated to power as Germany’s chancellor by way of elections. So did Peron, Duvalier, and other demagogues who were catapulted to the presidency of their countries.
The US senators should not apply a double standard, in holding anyone, liable for a crime. A wrong is a wrong whoever commits it, whether he is the president of the US or of any other country. The same exalted Senate, which passed the Magnitsky Act hailed worldwide as a model legislation which imposes severe sanctions on any individual who has committed gross human-rights violations, should demonstrate its bipartisan will to try Trump without fear or favor and convict him, if the evidence so warrants. This impeachment case will test whether the US Senate has a spine to check presidential abuses. Otherwise, the Americans might as well have Caligula to appoint his horse a senator. For the rule of law to endure, we need the Senate to remain independent, not just a pawn to do presidential biddings. As a coequal of the Executive, Congress should remain a countervailing force to rein in the unbridled authority and excesses of the presidency. This is the least it can do to regain the respect of the international community.