In my 40 years as a lawyer, I’ve
never seen a trial flout the basic requirements for fairness so brazenly.
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.