My dream is that Mitch McConnell of Kentucky, Republican Leader of the Senate, solemnly announces that he has received from the House of Representatives Articles of Impeachment of Donald J. Trump, President of the United States, and that as detailed by the Constitution and the rules of the Senate he is turning the gavel over to the Chief Justice of the United States, John Roberts, who will preside (Article I, Section 3, Clause 6).
Roberts then administers to the Senators the required special “oath or affirmation” required by the Constitution and specified in the rules of the Senate:
”I solemnly swear (or affirm) that in all things appertaining to the trial of ____, now pending, I will do impartial justice according to the Constitution and laws, so help me God.”
At this point Chuck Schumer of New York, Democratic leader of the Senate, expressing a sense of moral outrage he has never before shown in public, makes a motion, rising to object to the seating of Senators McConnell and Lindsay Graham, Republican of South Carolina, as jurors due to their false swearing of the oath.
A hush falls over the Senate. And all eyes turn to Justice Roberts.
There is no question that Schumer would be correct in alleging that McConnell and Graham, at a minimum among the Republican senators, will have lied when they swear to God that they will, sitting now as jurors, do “impartial justice.” McConnell has repeatedly stated that he is working to guarantee an acquittal for Trump. In an interview with Fox host Sean Hannity he said, “Everything I do during this, I’m coordinating with the White House counsel,” and, “There will be no difference between the president’s position and our position as to how to handle this.”
Graham is even more blatant, saying in front of any camera available that his mind is made up, as he told CNN, “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, “This thing will come to the Senate, and it will die quickly, and I will do everything I can to make it die quickly,”
If Schumer, or any other senator, has what it takes to offer my dream motion, it will put the Chief Justice on the hot seat. It is true that the ultimate power to set the rules of the impeachment trial rests not with the Chief but with the Senate itself and, as McConnell loves to repeatedly observe, he controls the 51 votes needed to win any vote.
But as I read the rules, before it comes to a vote, John Roberts will first issue a ruling. Make no mistake, Roberts is a conservative Republican right to his core. But unlike most of his right wing brethren Roberts also has a sense, if not for fairness, than a sense for history. History of the Supreme Court to be sure. But also for the history of justice in America. Robert might, just might, make the proper ruling. Anyone sitting on a jury who announces a verdict before the trial has begun, gets to go home early.
It will not be hard for the Republican senators to vote against my dream motion. But if Roberts has first ruled in its favor, it will be harder.
In my dreams.