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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