In a Senate impeachment trial, the idea that the Chief Justice’s presiding role as largely ceremonial is nonsense and a shirking of legal responsibility. The Chief Justice has a duty to ensure that the proceeding is a legitimate and fair trial through the perspective of an officer of the court – after all, he represents the highest ranking member in the judicial branch and presumably earned that rank because of his experience as a successful arbiter of justice. The fact that the Trump Senate Impeachment trial is ending without witnesses and evidence gathering is more than enough reason for Chief Justice John Roberts to step in and assure that a trial, and not a farce, is actually held – as the Constitution requires.
In US history, there have been 18 Senate impeachment trials of Secretaries and Judges of the executive and judicial branches; respectively. Witnesses have testified in all trials except three: two cases in which the impeached official resigned prior to the trial reaching witness stages, and one situation in which the Senate decided that Congress cannot govern impeachment of its own members. These exceptions make sense. Not having witnesses would set a precedent Justice Roberts cannot sign off on with a healthy conscience. Doing so would be a disgrace to the judiciary branch, perhaps to a greater degree than the Senate has already disgraced itself.
A trial requires both sides the opportunity to present evidence and cross examine witnesses before it can conclude. It is Chief Justice Robert’s responsibility and duty to govern this playing field. Otherwise, the proceeding fails on its essential purpose. Trump sycophants have hijacked the Senate to put party over country, ignorance over truth, and Justice Roberts must step into the fray. In fact, his judicial responsibility requires it.
It is a defection of American principals for Justice Roberts to stand idly by while a sham “trial” is presented before him. If Justice Roberts believes he hears a lie, he should feel an obligation to correct it. If he hears Trump impeachment lawyers deceptively claim that the House did not try to subpoena John Bolton, he should clarify this to the jury of Senators – if not for the fundamentals of the judicial branch as an institution, then for the assurance that proceedings have direction and findings of fact as it moves forward.
“I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability. And I will remember that it’s my job to call balls and strikes and not to pitch or bat,” said Roberts during his 2005 Senate confirmation.
Justice Roberts, call balls and strikes. If you believe players are telegraphing pitches to batters, call it. If you believe Senators are making a mockery of your Court by shutting the American public out from testimony, call it. If you believe actions are being taken to delegitimize the process, you should be making every effort to legitimize it.
The argument that the claims against Trump don’t rise to the level of impeachment is fair. Reasonable minds could differ on whether Trump violated the national security of the United States and its ally Ukraine by doing what he did. However, the fact that the Senate is unwilling to further investigate the behavior is the true atrocity here. Such a failure of due process is precisely the situation that Chief Justice must control as Presiding Officer.
The Last Democrat 