Showing posts with label witness. Show all posts
Showing posts with label witness. Show all posts

Friday, January 24, 2020

Democrats Struggle To Find Fourth GOP Vote To Call Impeachment Witnesses



It was always understood that there would be little chance of removing Donald Trump from office through impeachment due to the requirement for a mass defection of Republican senators to get to the 67 votes required by the Constitution. Any victory in the Senate would be a moral one in which a small number of Republicans might join with Democrats to at least call more witnesses and get the truth about Trump’s actions out to the American people. Such a political victory would rely upon at least four Senate Republicans crossing the aisle to form a temporary anti-Trump coalition of 51 votes. A week into the Senate trial of the president, we still don’t know what the outcome of this aspect of impeachment will be.
Earlier this week, the Senate voted to delay the decision on whether to call witnesses to testify during the trial. At this point, it looks as though Democrats may be able to get three Republicans to join them in their quest, but the fourth may be a bridge too far.
Three Republicans have indicated that they are open to calling witnesses. These senators include Susan Collins of Maine, Lisa Murkowski of Alaska, and Mitt Romney of Utah.
Axios reports that several senators were targeted to be the fourth vote but that so far none has committed. The possibles include Lamar Alexander of Tennessee, Cory Gardner of Colorado, Thom Tillis of North Carolina and Joni Ernst of Iowa. The Hill adds Martha McSally of Arizona, Jerry Moran of Kansas, and Rob Portman of Ohio to the list.
Already Tillis has planted a flag on Trump’s side, calling the impeachment a “sham” and telling Fox News, “I don’t want to spend a lot of time doing what I expected the House to do. You’d think if there was any truth to it, they would have spent the time in the House to actually bring it forward”
The North Carolina senator is facing a tough re-election fight and seems to be concentrating on firming up the Republican base in a state where Trump’s approval rating is at 48 percent, a net of zero. There has been no recent polling on the Senate race but a poll from last spring showed Tillis trailing likely Democratic nominee Erica Smith.
Sen. McSally’s recent attack on a CNN reporter likely indicates which side she is on as well. McSally is another very vulnerable Republican as she prepares to face Mark Kelly in this year’s senate race. The Arizona Republican is already trailing in a number of recent polls and she can ill afford to lose support from the Republican base by angering Trump.
Corey Gardner and Joni Ernst might be more likely targets. Trump’s approval is 18 points underwater in Colorado and nine points in the negative in Iowa. Both senators are up for re-election this year as well and Gardner is already trailing in preliminary polling by double-digit margins. There are no public polls of the Iowa senate race so far.
But vulnerable Republicans may be between a rock and a hard place. CBS News reports that Senate Republicans were warned, “Vote against the president and your head will be on a pike.” Republican leadership seems to be gambling with their Senate majority that voters will not hold swing state incumbents accountable for conducting a show trial and speedy acquittal.
Portman in bellwether Ohio may be a good bet for the fourth vote. Portman told the Dayton Daily News recently that he thinks the trial “should be a fair process” and that “we should hear from both sides.”
Even if the Portman, Gardner, and Ernst can be kept on the reservation, there is another possibility. Lamar Alexander of Tennessee is not running for re-election and might be more insulated from pressure. The 79-year-old is unlikely to have his eye on higher office. Still, Alexander is close to Senate leaders and called impeachment “a mistake” back in October. A lot of new evidence has come forth since then, however.
“He is very well-respected by the entire conference and is close to Mitch McConnell. I’ve found Lamar to be one of the most effective members of the entire Senate,” Sen. Collins said of Alexander in Politico. “I don’t know what his position will be. I suspect that he’s waiting until he’s heard the case presented and the questions answered for the senators. And that’s a very logical position to take.”
An added complication is the possibility that Democrats might lose votes from their own caucus. Red-state Democrats such as West Virginia’s Joe Manchin or Alabama’s Doug Jones may well defect and make the math even more difficult.
 
If no fourth Republican comes forward, then votes on whether to call witnesses could end in a 50-50 tie. In that case, it would be up to Chief Justice John Roberts to decide the issue of witnesses. Roberts has given no indication of how he would vote, but NBC News speculates that judges often rule in favor of allowing relevant testimony. The fact that Roberts would be going against his party’s wishes and seems to place a high priority on not undermining the Supreme Court’s authority and image makes the situation more complicated, however.
Meanwhile, Republicans are still unable to explain why, if the president is not guilty of the impeachment allegations against him, they are so staunchly opposed to hearing witnesses who could offer exonerating evidence. On the contrary, Trump’s defenders are already making plans to stonewall testimony in the event that the Senate does vote to call witnesses such as former National Security Advisor John Bolton, Chief of Staff Mick Mulvaney, or Secretary of State Mike Pompeo.
Republicans say that the White House would probably block the testimony on grounds of executive privilege and national security. The resulting court battle would lead to a long, drawn-out battle that might not be resolved before the election.
That’s a lot of trouble to go to stonewall testimony about a “perfect phone call” from witnesses that the president has said he would “love” to hear.

Originally published on The Resurgent

Monday, January 20, 2020

Impeachment Update: A Dem Says ‘Fine’ To Hunter Biden Testimony While GOP Considers ‘Kill Switch’


As the Senate impeachment trial of Donald Trump gets underway, senators are establishing ground rules for the proceeding. As we’ve reported before, it now seems likely that the Senate will hear witnesses and at least one Democratic senator is agreeable to the idea that Hunter Biden could be called to testify. At the same time, Republicans are floating the idea of a way to rapidly end the trial with a dismissal vote if things get out of hand.

On CNN’s “State of the Union,” Sen. Sherrod Brown (D-Ohio) said yesterday that he thought it would be “fine” if Hunter Biden was called to testify before the Senate. The son of Joe Biden, Hunter’s association with Ukrainian energy company Burisma has been called unethical by Republicans and is at the root of President Trump’s decision to freeze military aid to Ukraine.

"We take the position that we want to hear from the witnesses. I don't know what Hunter Biden has to do with the phone call the President made," Senator Brown said. "The point is we need witnesses, we need to know who they are with the right to call witnesses, additional witnesses later. But I don't understand how you come to the American public, make the case that this is a real trial, if there are no witnesses and there is no new evidence."

On Fox News, Senator Ted Cruz (R-Texas) said that the Senate guidelines would include reciprocity of witnesses.

“What does that mean?” Cruz asked rhetorically. “It means if the prosecution gets a witness, the defense gets a witness. If the prosecution gets two, the defense gets two. That means if the prosecution gets to call John Bolton, then the president gets to call Hunter Biden.”

There is so far no evidence of any wrongdoing on the part of either Hunter or Joe Biden, but Republicans were critical of the House decision not to allow the Bidens to be called as witnesses during impeachment hearings in the lower body.

In other impeachment news, Fox reports that Majority Leader Mitch McConnell is close to finalizing a rule that would implement a “kill switch” for the impeachment proceedings. The provision would act as a “safety valve” to prevent the trial from dragging on into the primary election season.

Sen. Josh Hawley (R-Mo.) told Axios that the resolution would “give the president's team the option to either move to judgment or to move to dismiss at a meaningful time..." Hawley said that he would be "very, very surprised” if the organizing resolution for the trial did not include such a provision.

The difficulty for Republicans is that even if the rules for the trial allow the president’s supporters to move for a summary dismissal, so far there is not enough support among Republican senators for such a vote to pass. As Resurgent detailed last week, the Republican leadership has acknowledged that there are currently not enough votes to dismiss the matter without a full hearing.

The Senate is expected to pass an organizing resolution on Tuesday. The text of the resolution has not been released but CNN reports that it is expected to delay the issue of whether witnesses will be called until after opening arguments have been made. At a later point, senators will have an opportunity to vote on whether witnesses should be called. Polling has indicated broad support for calling more witnesses during the Senate trial.

The two Republican initiatives seem at odds with each other. The threat to call extraneous witnesses such as Hunter Biden would prolong the trial without offering insight into what Rudy Giuliani’s introductory letter to President Zelensky referred to as a private mission rather than one that involved Donald Trump’s role as president.

Republicans could accomplish their stated goal of keeping the trail brief by limiting witnesses to people who are material to the charges against President Trump, people who were involved with the phone call and the subsequent aid freeze. In that vein, one would expect Trump’s defense team to call witnesses who could exonerate the president on the charges of abuse of power and obstruction such as Mick Mulvaney, John Bolton, Mike Pompeo, and Mike Pence.

I wonder why they won’t.

Originally published on The Resurgent