Kensington Review

The Senate convened today to being the "trial" of Donald Trump, the sequel to his impeachment by the House of Representatives. The Constitution calls for a trial, but the process dreamed up by the White House and implemented by Senate Majority Leader "Moscow" Mitch McConnell (R-KY) is hardly a trial. Instead, the nation faces a couple of weeks of the Republican Party trying to prevent any real facts from entering the discussion. It will end with Mr. Trump retaining his office, claiming vindication, and with irreparable damage to the foundations of the Republic.

The process envisions 24 hours for the prosecution to present their opening statements and the same for the defense. They will have two days to use up their 24 hours, meaning much of this will occur when people are not watching. Then, the Senate will vote on whether it wants to hear witnesses, whether it will accept new evidence or even the House's report. Unless 4 Republican Senators break ranks, none of that will happen. The objective for Mr. McConnell is to get this whole thing wrapped up as a non-event before the president delivers his State of the Union address on February 4.

The defense issued its brief yesterday, and it basically says that the president did everything of which he is accused, but that none of it merits removal from office. Alan Dershowitz, who is part of the defense team, has gone so far as to say that impeachment and removal requires a criminal act and that there was none. He is wrong both historically and factually. Impeachment for bad behavior (the eighteenth century meaning of "misdemeanor") is well-established in both British and American practice. Further, the Government Accountability Office has determined that White House violated the Impoundment Control Act. So, there was a breach of the law.

When it comes to calling witnesses, this would be the first federal impeachment of a president or judge that did not have witnesses if Mr. McConnell gets his way. However, that might be a bridge too far for some GOP senators. Three quarters of the American people want witnesses according to polls.

So, the Republicans have threatened to call as their witnesses Joe and Hunter Biden. The purpose would be to damage the former's candidacy to replace Mr. Trump and to muddy the waters for the electorate ahead of November's election. The Democrats want witnesses who have first-hand knowledge of the Ukrainian affair: John Bolton, Mick Mulvaney, Mike Pompeo. The Democrats should accept the Bidens as the price of the others. Joe Biden can always hide behind executive privilege as the White House has used it. And the younger Mr. Biden can avail himself of the Fifth Amendment with no damage to himself.

What is fascinating, however, is the fact that the prosecution's desired witnesses should be the defense's best witnesses if there were any information that would exonerate the president. Mr. Bolton as National Security Advisor at the time could be sworn in and then tell the world that Mr. Trump did not shakedown the President of Ukraine. That the White House is resisting that says a great deal. Mr. Trump is guilty, the administration is aware of it, and they are trying desperately to cover it up.

In the end, the voters will have the final say. They can remove Mr. Trump and his minions in November if they so choose. If they choose not to do so, if they allow this sham to stand, the American political system will be damaged beyond repair.