“I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of —- — ——, now pending, I will do impartial justice according to the Constitution and laws: So help me God.” (Senate Rules)
“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,” Graham said, adding, “What I see coming, happening today is just a partisan nonsense.” Senator Lindsey Graham on (CNN)
“Exactly how we go forward I’m going to coordinate with the president’s lawyers, so there won’t be any difference between us on how to do this.” Senator Mitch McConnell to Fox host Sean Hannity (WAPO)
Electoral College
The United States choses it’s President by a convoluted voting process of electing a “one time use” legislature to vote for President and Vice President. It’s called the Electoral College, and each state gets a number of electors equal to the total number of members of Congress in that state. Candidates to be electors are chosen by the Presidential candidates (or their political party).
In all but two states, the winner of the popular vote for President receives all of that state’s electoral votes. All of the electoral candidates for that winner become the state’s Electors. (In Maine and Nebraska the electors are divided by Congressional District, with the winner of the popular vote in that District taking one electoral vote, and the overall state winner taking the remaining two electoral votes).
On the “…first Monday after the second Wednesday in December” the Electors for each state meet in their state capital. There, they cast one vote for President, and one vote for Vice President. It is normally a “pro forma” action, with almost all Electors doing exactly what they are expected to do: vote for the candidate they represent.
But there have been historically, those Electors who despite their pledge, vote for a different candidate for President. They are called “faithless” Electors, standing for one candidate and voting for another. A few states have penalties for doing so, but in most cases, they are just “faithless” and their vote is recorded. No one has ever been penalized or prosecuted for being a “faithless” Elector.
Impeachment Process
The process of impeachment and trial is written carefully into the United States Constitution. It was a subject of intense debate during the Constitutional Convention, because it was of critical importance to the Revolutionary Founders. They fought a war against a King, but then found an executive-less government failed to govern. So they were between the two, not wanting another King, but recognizing that the Articles of Confederation government by Committee didn’t work.
So they created a stronger Executive, a President, with significant powers. They made “their deal with the devil,” trying to create an Executive who could get things done, while balancing the powers his powers with Congress and the Judiciary. It was a core issue.
So it should be with great seriousness that we approach the impeachment and trial for removal of the President of the United States. It’s only the third time in our history we’ve reached this point. Each time it happened, we were filled with partisan rhetoric, claims of innocence and a monopoly on “rightness”. And in this media and “post-truth” era, the voices we hear are even more inflammatory.
The House will continue debate on the Articles of Impeachment this week. There will be more screams of outrage from the minority side, and more outlining of facts in evidence by the majority. In the end, the House of Representatives will vote out the two Articles for trial in the Senate.
A Senator’s Oath
Regardless of how Senator’s feel about the process used by the House, the Trial of Removal, specified in the Constitution, will be in their court. The authors of the Constitution calls upon Senators to take a specific oath as jurors in a Senate trial, an oath demanding that they do “…impartial justice according to the Constitution and the laws…”
Bill Toomey, Senator from Pennsylvania, calls for a “fair trial” (NBC Meet the Press). And there will be plenty of time to argue the Constitutional issues and the facts, and whether what Donald Trump did rises to the level of “high crime and misdemeanors.” Toomey, recognizing his role as juror, refuses to reach those conclusions before the trial, evidence, and arguments are presented.
Lindsey Graham has taken an opposite position. He, in all his Constitutional wisdom, has declared this Constitutional process illegitimate, “partisan nonsense” and has predetermined his vote and the outcome. Even worse, Mitch McConnell, the Majority Leader of the Senate, has pledged absolute cooperation with the President, a “juror” committing to the defendant before the trial has ever begun.
Republicans and Democratic Senators alike will make their decision about removal. The Constitution calls upon them to look at the facts and the history, and determine their vote. But like those Electors who get chosen for a candidate, then change their vote, some Senators have judged this case before it even has started. They will take an oath with their fingers crossed.
They are faithless Jurors, and faithless Senators.
