The Senate Impeachment Trial of Donald J. Trump

by Vijaya Chandrasoma-January 25, 2020, 12:00 pm
"Power tends to corrupt. Is Donald Trump corrupt. Absolutely".

The above parody of Lord Acton’s famous adage: "Power tends to corrupt. Absolute power corrupts absolutely", was the main focus in the Senate Impeachment Trial of Donald J. Trump, a trial that is pivotal in the history of the United States of America. No other President has ever been impeached in his first term, and only two others, Bill Clinton in 1998 and Andrew Johnson in 1869, have ever been impeached, in the 250 years’ history of the USA.

The Trial began its proceedings on Tuesday, January 21, 2020.

Day 1. Tuesday, January 21

The Parties introduced their respective Impeachment Managers, who will prosecute and defend President Trump at the Trial.

The Democratic team was headed by Rep. Adam Schiff, Chairman, House Intelligence Committee. Other members were Rep. Jerry Nadler, House Judiciary Chairman; Rep. Zoe Lofgren, a member of the panel during Bill Clinton’s trial in 1998; Rep. Hakeem Jeffries, member of the House Judiciary Committee; Rep. Val Demings, Former Orlando, Florida police chief; Rep. Jason Crow, an Afghanistan and Iraq war veteran; and Rep. Sylvia Garcia, former municipal judge in Houston, Texas.

This Democratic panel, comprising four men and three women of varying ethnic backgrounds, exhibits the diversity that is the face of today’s Democratic Party.

The Republican team is headed by White House Counsel Pat Cipillone. Other members are Jay Sekulow, President Trump’s personal attorney; Alan Dershowitz, Constitutional scholar, Ken Starr, Chief investigator for the Republican Senate during the Clinton impeachment; Pam Bondi, former Florida Attorney General who dropped the case in Florida against the fraudulent Trump University, after receiving a $25,000 "campaign contribution" from Trump; Rep. Jim Jordan; Rep. Mike Johnson; Rep. Debbie Lesko; Rep. Lee Zeldin; Rep. Elsie Stefanik, and Rep. Doug Collins. The only meaningful qualifications I could glean for the last 6 members of the Republican team were they are all vociferous supporters of Donald Trump.

The Republican team of 10 white Trump sycophants presents the face of today’s Republican Party.

It’s interesting to note that Alan Dershowitz said during the Clinton trial in 1998: "It certainly doesn’t have to be a crime (for impeachment) if you have somebody who completely corrupts the office of president … you don’t need a technical crime". Today, however, Dershowitz argues that "the impeachment of a president requires proof of an actual crime". Trump therefore cannot be removed for Abuse of Power or Obstruction of Congress, the two Impeachment Articles submitted by the House, as technically, they do not constitute crimes. When asked about these contradictory comments, Dershowitz said he had not done sufficient research in 1998 – this is a Harvard Law Professor giving an opinion at one of the most momentous trials in US history. He said that he is "more correct" today than he was in 1998. The word "correct" cannot have degrees. You are either correct or you are wrong just as you cannot be more pregnant or less!

Birds of a feather

It is even more interesting that Donald Trump is relying on Dershowitz and Starr, who were both involved in the defence of the mysteriously late and universally unlamented billionaire, Jeffrey Epstein. Dershowitz, Starr, Clinton, Prince Andrew and Trump have all been, allegedly, friends or associates of this undesirable.

The highlight of the day was a statement by Chief Justice John Roberts, who admonished the House Managers of both sides, who had a spirited exchange earlier, that "they are addressing the world’s greatest deliberative body. The Senate had earned that title, because its members avoid speaking in a manner, and using language that is not conducive to civil discourse".

Day 2. Wednesday, 21st January. Mitch McConnell, Senate Majority Leader, laid down the rules governing the Senate Impeachment trial. These rules were mainly designed to strengthen the Republican position that breaking the law by hiding the truth is legal.

Democratic leader, Adam Schiff, made a compelling case for having access to documents and witnesses, which Trump had denied by executive order during the House investigation. He enumerated, one after another, why certain witnesses and documents were necessary to prove conclusively the already overwhelmingly watertight case presented. Every single request was denied on party lines (53 to 47) against the presentation of witnesses and documents. In the light of Trump’s passionate assertion that he has done nothing wrong, it’s puzzling that he does not allow witnesses who will prove his innocence. Nobody innocent who has a perfect alibi hides it.

Special reference was made to the courage of career diplomats and government officials, who risked their careers, even their lives, to testify at the impeachment inquiry conducted by the House. Their testimony provided the basis for an unshakeable case against President Trump, in his decision to illegally withhold Congressionally approved military aid (taxpayers’ money) to Ukraine, for personal and political reasons.

In a heated exchange, Jay Sekulow, Trump’s personal attorney, asked: "Why are we here? We are here because of a telephone call?" Hakeem Jeffries, a member of the Democratic team, responded: "We are here, sir, to follow the facts, apply the law, be guided by the Constitution and present the truth to the American people. That is why we are here, Mr. Sekulow. And if you don’t know, now you know". Hip-hop fans will recognize this line from the lyrics of "Juicy" by renowned rapper, Biggie Smalls.

Kangaroo Courts

Trials without witnesses and documents are common in Kangaroo Courts in totalitarian dictatorships, like Russia, China and North Korea. Trump has taken the USA very close to this system of government. Another four years of Trump, and a once vibrant democracy, Reagan’s "shining city on the hill", Lincoln’s dream of "government of the people, by the people, for the people" will be tarnished, perhaps permanently.

Trump’s argument was that, while he was totally innocent of all charges, and would love to release documents and allow witnesses, he was only thinking of how such an action would affect the concept of Executive Privilege for future presidents. He is actually under the delusion that there may be future presidents more corrupt than he is.

Day 3. Thursday, January 21. Adam Schiff with his team continued to wrap up the charges against Donald Trump on Abuse of Power. The mountain of evidence that was uncovered at the House impeachment inquiry was presented with television clips and sound bites. At that inquiry, it was conclusively proved, on the basis of witnesses who defied the President’s orders and testified, that Trump had abused his power by illegally withholding congressionally approved military aid to Ukraine until President Zelensky made a public announcement that he was conducting an investigation into manufactured dirt on Joe Biden and his son, Hunter.

Trump said he was withholding these funds, without reference to Congress, because he was concerned about the rampant corruption in Ukraine. Since 2014, the US has provided over $1.5 billion in military aid to Ukraine, to help them defend themselves against the Russians, who were intent on the illegal occupation Ukraine. During 2017 and 2018, Trump continued to approve hundreds of millions of dollars to so help Ukraine. This was during a period when corruption was rampant in Ukraine during the administration of the notoriously venal President Poroshenko. President Zelensky defeated Poroshenko in a landslide in 2019, on a platform of reform to fight corruption. In April 2019, State Department officials commended Zelensky on his efforts, as corruption in Ukraine had been reduced dramatically. So Trump’s statement he withheld the funds because of corruption in Ukraine was another lie.

Joe Biden

The Mueller Report, which stated that "the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion" was released to the public on April 18, 2019. Joe Biden declared his candidacy for President on April 25, 2019. On June 18, Trump illegally withheld military aid of $391 million already approved by Congress. He threatened Zelensky that Ukraine will not receive any aid from the US until Zelensky made a public announcement that he was digging for dirt on the Bidens; and was also investigating that it was Ukraine, not Russia, which had interfered in the US 2016 elections. Both these theories have long been debunked.

President Zelensky faced Trump’s threat with courage, although his army was in dire need of military aid. He said that he would not compromise Ukraine’s dignity or get involved in the domestic politics of the US.

Trump finally released the freeze on September 11, 2019, when the public became aware of his illegal freeze of military aid. He got caught. The delay cost the Ukrainians thousands of lives, and millions had been displaced from their homes, caused by Russian aggression.

Adam’s Schiff’s closing was both

passionate and compelling:

"If truth doesn’t matter, we are lost. The framers couldn’t protect us from ourselves if right and truth don’t matter. And you know what he did was not right. Right is supposed to matter. It’s what made us the greatest nation on earth. No constitution can protect us if right doesn’t matter anymore. And you know this president will not do what is right for the country. You can trust he will do what is right for Donald Trump. He’ll do it now…. He’ll do it in the election if he is allowed to. This is why, if you find him guilty, you must find that he should be removed. Because right matters. And truth matters. Otherwise we are lost".

Day 4. Friday, January 24, 2001. The Democrats presented the case against the president on the second Article of Impeachment, Obstruction of Justice. They stated that Trump obstructed justice by instructing all members of his administration to ignore all Congressional subpoenas for witnesses and documents, on the basis of Executive Privilege. Trump also illegally intimidated and threatened those brave diplomats and officials who had the courage to defy his orders and give testimony which conclusively proved that he illegally elevated his personal and political interests, threatening the national security interests of the US.

Trump has publicly declared that Article 2 of the Constitution authorizes him to act as he pleases, like a king; in fact, that he is above the law. He totally ignores Article 1, which lists the checks and balances entrusted to Congress, protecting the nation’s security interests.

Trump in Davos

Addressing reporters on Wednesday morning in Davos, Switzerland, where he was attending the World Economic Forum, Trump said he was delighted at the state of his impeachment trial. He explained he was so pleased because "Honestly, we have all the material. They don’t have the material". The second Article of Impeachment was for Obstruction of Congress, i.e., refusal to release documents (material) and forbid witnesses to testify. As Rep. Val Demings of the Democratic team said, "the President not only confessed to it (Obstruction of Congress), he bragged about it".

After the Democrats finish their presentation, the Republicans were to begin their opening statement on Saturday. It is anticipated that they wouldn’t need their full 24 hours; after all, there is a limit to the amount of time necessary for stonewalling and misrepresentation.

As John Dean, the whistleblower in the Nixon impeachment trial said: "I have gone through all of the Nixon tapes. They make Nixon look like a choir boy compared to what I have heard today".

Will the broad sweep of facts and evidence presented today have any effect on the Republican Senators? Of course not. Like the three monkeys, most of them will "hear no evil, see no evil, speak no evil". Perhaps, a few may move their hands from their eyes and ears for a moment and make a surreptitious comment. But there is no chance that Trump will be convicted with a 2/3 Senate majority. There is only a slight chance that 4 Senators will be brave enough to withstand the wrath of their Leader and vote to introduce witnesses and documents. However, the proof of this impeachment pudding may be in the eating – at the November elections.

So it is likely that this historic trial will end up like one of Trump’s past dates: quick, disappointing, expensive and no questions asked.