{"source_url": "https://www.alternet.org", "url": "https://www.alternet.org/2020/01/heres-ralph-naders-plan-to-safeguard-against-a-sham-impeachment-trial-in-the-senate/", "title": "Here\u2019s Ralph Nader\u2019s plan to safeguard against a sham impeachment trial in the Senate", "top_image": "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg", "meta_img": "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg", "images": ["https://b.scorecardresearch.com/p?c1=2&c2=18904016&cv=2.0&cj=1", "https://www.alternet.org/wp-content/uploads/2019/08/creditcardlogos.gif", "https://www.alternet.org/wp-content/uploads/2019/08/supportalternet.png", "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg", "https://www.rawstory.com/wp-content/uploads/2019/08/dcjsmall2.gif", "https://www.alternet.org/wp-content/uploads/2019/12/Impeachment-Process-Poll-.gif", "https://alternetmedia.wpengine.com/wp-content/uploads/2018/10/newlogo.png", "https://www.paypal.com/en_US/i/scr/pixel.gif", "https://www.alternet.org/wp-content/uploads/2019/04/alternet-logo-2.png", "https://www.alternet.org/wp-content/uploads/2019/04/alt_donate_blue.gif", "https://www.alternet.org/wp-content/uploads/2019/10/nader-1170x675.jpg", "https://www.alternet.org/wp-content/uploads/2019/12/Impeachment-Process-Poll-Large.gif", "https://www.alternet.org/wp-content/uploads/2019/11/8176412.png", "https://pixel.quantserve.com/pixel/p-44Kjy7lrEDP7I.gif", "https://www.alternet.org/wp-content/themes/soledad/images/penci-holder.png", "https://www.alternet.org/wp-content/uploads/2019/07/button_close.png"], "movies": [], "text": "In a letter to Senate Majority Leader Mitch McConnell and Speaker of the House of Representatives Nancy Pelosi I, together with Constitutional Law scholars Louis Fisher and Bruce Fein, proposed that the Senate allow Chief Justice John Roberts to prescribe impeachment trial procedures\u2014subject to veto by a Senate majority. In doing so, the Senate would avoid some degree of political infighting and blatant partisan bias. While this approach is not perfect, it would create a more impartial and legitimate impeachment process.\n\nDate: December 27, 2019\n\nTO: Honorable Mitch McConnell\n\nMajority Leader United States Senate\n\n317 Russell Office Building\n\nWashington, D.C. 20510\n\nTO: Honorable Nancy Pelosi\n\nThe Speaker of the House of Representatives\n\nUnited State Capitol\n\nWashington, D.C. 20515\n\nFROM: Ralph Nader, Louis Fisher, Bruce Fein\n\n\n\n\n\n\n\nDear Majority Leader McConnell and Madame Speaker Pelosi:\n\nWe, the undersigned, encourage a bipartisan resolution of the current impasse over procedures for the impeachment trial of President Donald J. Trump. The trial is too important to the Republic to be left to partisan political ambitions.\n\nWe propose that the Senate endow the Chief Justice of the United States, John Roberts, who will preside, with authority to prescribe trial procedures, subject to veto by a Senate majority.\n\nAmong other things, the procedures would govern the admissibility of evidence, claims of privilege, subpoenas to compel testimony, the burden of proof, direct and cross-examination of witnesses, and, jury instructions as to the elements of an impeachable high crime and misdemeanor.\n\nWe are convinced that only the Chief Justice can rescue the impeachment trial from the taint of partisanship that would destroy the legitimacy of the outcome. Justice requires the appearance of justice. But both Republican and Democratic Members of Congress have openly proclaimed biases in favor or against President Trump. And citizens generally do not trust Members to be fair. Public confidence in Congress hovers around 10 percent, as opposed to 42 percent for the United States Supreme Court. Many Members of Congress place party loyalty above loyalty to the Constitution and their oaths of office. They crave power, not justice.\n\nArticle I, section 3 of the Constitution provides that when sitting as jurors in impeachment trial Senators \u201cshall be on oath or affirmation.\u201d And according to the standing rules of Senate impeachment trials, Senators must swear as follows: \u201cI solemnly swear that in all things pertaining 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.\u201d\n\nBut both Republican and Democratic Senators have made statements inconsistent with impartial justice. In an ordinary courtroom, these Senator-jurors would be disqualified for cause.\n\nMoreover, most if not all Senator-jurors confront conflicts of political interest that would ordinarily justify disqualification. Republicans incline towards acquittal of Mr. Trump to retain control of the White House in 2020, whereas Democrats incline towards conviction to boost their 2020 presidential prospects.\n\nImpeachment procedures ordained by the Republican majority in the Senate or pressured by the Democratic majority in the House will be perceived by an alarming portion of citizens as illegitimate, i.e., calculated to make justice subservient to party ambitions. In contrast, Chief Justice Roberts has earned respect with judicial temperament and robust defense of the impartiality of federal judiciary: \u201cWe do not have Obama judges or Trump judges or Bush judges or Clinton judges.\u201d\n\nThe Chief Justice, of course, has critics. Many Republicans assail his decisions sustaining President Obama\u2019s Affordable Care Act. Many Democrats assail his opinion upholding President Trump\u2019s travel ban and invalidating the preclearance provisions of the Voting Rights Act. A plurality of voters, however, belong to neither party. Chief Justice Roberts, in contrast to the Senate Republican majority or House Democratic majority, is the optimal choice to establish independent and credible procedures for the impeachment trial of President Trump to strengthen public confidence in the outcome.\n\nIn the impeachment trial of President William Jefferson Clinton, the Senate unanimously determined trial procedures. Such unanimity cannot be expected today with the appalling spike in partisanship. It seems politically plausible with your support, however, that Senate Republicans and Democrats might agree to hand off responsibility for procedures governing Mr. Trump\u2019s impeachment trial to Chief Justice Roberts.\n\nThe delegation to the Chief Justice passes constitutional muster. His procedures could be vetoed by a simple Senate majority. Ultimate authority is thus retained by the upper chamber. And the Constitution itself makes the Chief Justice the presiding officer, which contemplates power to prescribe procedures. The Federal Rules of Civil Procedure, for instance, are promulgated by the United States Supreme Court under the Rules Enabling Act subject to overruling by Congress.\n\nMaking the Chief Justice the impresario of the impeachment trial is innovative and imperfect, but markedly less imperfect than every other imaginable option.\n\nWe would welcome the opportunity to assist in drafting the proposed rulemaking delegation.\n\nRalph Nader, Louis Fisher, Bruce Fein\n\nPlease call your Senators at 202-224-3121 and urge them to support this modest, but important proposal.\n\nLouis Fisher is a Constitutional Law Scholar who worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010).\n\nBruce Fein was Associate Deputy Attorney General and General Counsel to the Federal Communications Commission under President Ronald Reagan. He served on the American Bar Association\u2019s Task Force on Presidential Signing Statements from 2005-2006 and has advised numerous countries on constitutional reform.\n\nRalph Nader is a consumer advocate, lawyer, and author. His latest books include: To the Ramparts: How Bush and Obama Paved the Way for the Trump Presidency, and Why It Isn\u2019t Too Late to Reverse Course, How the Rats Re-Formed the Congress, Breaking Through Power: It\u2019s easier than we think, and Animal Envy: A Fable", "keywords": [], "meta_keywords": [""], "tags": ["Religious Right"], "authors": ["Ralph Nader", "Common Dreams"], "publish_date": "Wed Jan  1 15:41:32 2020", "summary": "", "article_html": "", "meta_description": "", "meta_lang": "en", "meta_favicon": "/apple-touch-icon.png", "meta_data": {"viewport": "width=device-width, initial-scale=1", "onesignal": "wordpress-plugin", "og": {"site_name": "Alternet.org", "title": "Here's Ralph Nader's plan to safeguard against a sham impeachment trial in the Senate", "url": "https://www.alternet.org/2020/01/heres-ralph-naders-plan-to-safeguard-against-a-sham-impeachment-trial-in-the-senate/", "type": "article", "description": "In a letter to Senate Majority Leader Mitch McConnell and Speaker of the House of Representatives Nancy Pelosi I, together with Constitutional Law scholars Louis Fisher and Bruce Fein, proposed that the Senate allow Chief Justice John Roberts to prescribe impeachment trial procedures\u2014subject to veto", "image": {"identifier": "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg", "url": "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg", "secure_url": "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg"}, "updated_time": "2020-01-01T15:41:32+00:00"}, "article": {"published_time": "2020-01-01T15:41:32+00:00", "modified_time": "2020-01-01T15:41:32+00:00"}, "twitter": {"title": "Here's Ralph Nader's plan to safeguard against a sham impeachment trial in the Senate", "url": "https://www.alternet.org/2020/01/heres-ralph-naders-plan-to-safeguard-against-a-sham-impeachment-trial-in-the-senate/", "description": "In a letter to Senate Majority Leader Mitch McConnell and Speaker of the House of Representatives Nancy Pelosi I, together with Constitutional Law scholars Louis Fisher and Bruce Fein, proposed that the Senate allow Chief Justice John Roberts to prescribe impeachment trial procedures\u2014subject to veto", "image": "https://www.alternet.org/wp-content/uploads/2019/10/nader.jpg", "card": "summary_large_image"}}, "canonical_link": "https://www.alternet.org/2020/01/heres-ralph-naders-plan-to-safeguard-against-a-sham-impeachment-trial-in-the-senate/"}