McConnell and Graham must recuse: how to make them

Two Republican Senators have made public comments that show that they cannot be fair jurors in Trump’s impeachment trial. They must recuse.

On December 12th, Senate Majority Leader McConnell went on Hannity’s show on Fox News and laid an egg. He reassured Hannity’s viewers that there was no way Trump would be removed from office and that he was coordinating closely with the White House counsel for the upcoming Senate impeachment trial, going so far as to say that he would “take his cues” from the White House team.

For normal Senate business this would be unremarkable. The Senate Majority Leader coordinating with the White House on Senate business, particularly if they are both of the same party, is quite normal. But he wasn’t talking about normal Senate business.

Senate trials for impeachment are a unique setting, especially impeachment of the President. The trial will be presided over by Chief Justice Roberts. The case for the prosecution will be presented by House Managers—members of the House or counsel selected by them to prosecute the articles of impeachment. The President will be defended by his lawyers. Each side can summon witnesses to the stand.

That leaves the Senators. They will have one job: to shut up and listen. The normally garrulous bunch are not permitted to talk: according to Rule 19, they must not “engage in colloquy“. Any questions they might have must be put in writing and handed to the Chief Justice.

This is because, during the Senate trial, Senators play the role of Jurors. They will take a Juror’s Oath, to be administered by the Chief Justice: ‘‘I solemnly swear … that in all things appertaining to the trial of the impeachment of Donald J. Trump, now pending, I will do impartial justice according to the Constitution and laws: So help me God.’’ Their role is to be impartial and weigh the facts presented at trial.

This is why Mitch McConnell’s statement was so inappropriate. He was not only reneging on the promise to be impartial, but also colluding with the defense.

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Excuses, excuses!

Since the Whistleblower’s Complaint, Republicans have scrambled to find excuses for Trump. The only problem? The excuses don’t stand up to scrutiny and often contradict each other.

Remember when Trump’s call with Ukraine leader Zelensky was “perfect” with “no quid pro quo” except that his Chief of Staff said yes, there was a quid pro quo, it happens all the time and we all need to get over it? Remember when Republicans stormed the SCIF, courted arrest, and ordered pizza—but the hearing they tried to block still took place, if delayed?

While the Ukraine story that Trump is being impeached over remains a simple one—that Trump held back Ukraine’s military aid in return for two “favors”: that they announce an investigation into Biden, and exonerate Russia from the 2016 election attack—Republicans under the glare of scrutiny have twisted this way and that, scrambled to find one excuse after another, watched their excuses crumble, and scrambled to find new ones, even though they might contradict the old ones.

None of it matters, because the idea is to confuse and obfuscate: a lights-and-sounds show that will distract from the basic fact that Trump has no good defenses left. All of these excuses have been debunked by experts and some actually contradict each other.

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