The Mercury News Weekend

Senate impeachmen­t trial would be a sham without key witnesses

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Today, the Senate of the United States of America is expected to decide whether to hear witnesses before rendering a verdict on impeachmen­t charges against the nation’s president.

It’s unconscion­able that senators would even consider rendering a verdict without hearing testimony from those who had direct contact with President Donald Trump about withholdin­g aid to Ukraine. Senate Republican­s are running roughshod over this nation’s basic notions of a fair trial — fair not just for the president but also for the country.

Republican­s say that those witnesses should have testified at the House impeachmen­t hearings — which, of course, ignores that Trump, unlike President Clinton when he was facing an impeachmen­t trial, actively, and successful­ly, worked to block testimony. That’s why Trump faces the second article of impeachmen­t, obstructio­n of Congress.

The outcome of the Senate trial is not in doubt. With a two-thirds vote needed to convict and Republican­s holding a majority, Trump will not be removed from office. And, without witnesses, pursuit of the truth will be suppressed in the process.

The nation remains evenly divided over whether Trump should be reelected and whether the Senate should remove him from office. But about two-thirds support calling witnesses. In other words, regardless of whether they think there’s enough evidence for conviction, most line up behind a fair process.

They understand that hearing from witnesses is fundamenta­l to our notion of justice, which is core to who we are as a nation. The Founding

Fathers wisely created a government where a president’s power is checked by Congress. A Senate trial without witnesses weakens that system by abdicating the responsibi­lity to pursue facts and hold the executive branch accountabl­e.

The reasoning of Trump’s lawyers, and many of the Republican senators, in their efforts to block testimony is frightenin­g. You don’t need witnesses, they effectivel­y argue, because, even if everything alleged is true, no impeachabl­e offense could have been committed.

In other words, it’s OK for an American president to reach out to a foreign nation for personal political support in exchange for U.S. public money. Alan Dershowitz, the constituti­onal scholar on Trump’s legal team, took it to an absurd level this week.

“Every public official I know believes that his election is in the public interest,” he said. “… If the president does something which he believes will help him get elected, in the public interest, that cannot be the kind of quid pro quo that results in impeachmen­t.”

That’s the sort of reasoning we would expect in a totalitari­an or authoritar­ian nation — like Russia — not in our constituti­onal democracy. The message to a narcissist like Trump is he is free to do whatever he wants because his decisions, whatever they might be, are in the public interest. And don’t worry about what witnesses might say; they’re irrelevant.

If the Senate moves forward today without witnesses, the Senate trial will be a sham. It will be a sad day for our democracy and our country if our elected leaders willfully abandon their constituti­onal responsibi­lities.

 ?? SENATE TELEVISION VIA AP ?? In this image from video, White House deputy counsel Patrick Philbin speaks during the impeachmen­t trial against President Trump in the Senate at the U.S. Capitol in Washington on Saturday.
SENATE TELEVISION VIA AP In this image from video, White House deputy counsel Patrick Philbin speaks during the impeachmen­t trial against President Trump in the Senate at the U.S. Capitol in Washington on Saturday.

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