Turley: What history really tells us about Senate impeachment trials
By Jonathan Turley, opinion contributor — 01/18/20 10:00 AM EST
George Bernard Shaw said that “only lawyers and mental defectives are automatically exempt for jury duty.†Unless, of course, it is the Senate, where you can be both of those and still be a required member of the jury.
The controversial role of senators in an impeachment trial is back in the news this week, as various House members challenged the right of some Republican senators to take the oath to give impartial justice after publicly defending President Trump. Less than 24 hours after being made one of seven House impeachment managers, Representative Val Demings called for the recusal of Senate Majority Leader Mitch McConnell for being biased. Her proposal is as unfounded as it is ironic, since Demings called for the removal of Trump more than a year ago, long before the Ukrainian phone call.
In reality, the rules of the trial are set by majority vote and the White House has not, thus far, gotten its way on its two principal demands, for summary dismissal or witness testimony. However, the premise of much of this discussion is that coordination and comments by Republicans violate their oaths and the Senate’s traditions. This view was amplified by CNN legal analyst and University of North Carolina law professor Michael Gerhardt, one of my co-witnesses during the House impeachment inquiry. CNN’s Poppy Harlow asked him “how normal or abnormal is it for the Senate majority leader to work in … lockstep … with the White House on a Senate trial.â€
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https://thehill.com/opinion/judiciary/478912-what-history-really-tells-us-about-senate-impeachment-trials
