'Indefensible': Hundreds of Lawyers Criticize McConnell Over Senate Impeachment Trial
The letter's signatories include a number of prominent attorneys, including former Latham & Watkins global chairman Robert Dell, former Assistant Attorney General Lois Schiffer and Frederic Kellogg, who was an adviser to Attorney General Elliot Richardson.
January 07, 2020 at 05:10 PM
4 minute read
Hundreds of lawyers have signed onto an open letter criticizing Senate Majority Leader Mitch McConnell for his comments saying the Senate's upcoming impeachment trial does not have to be impartial.
In the letter to the Senate, published Tuesday by the group Lawyers Defending American Democracy, the lawyers said that McConnell's "assertions cannot withstand scrutiny."
"Just because the Constitution commits the impeachment process to a 'political' branch of government and senators may legitimately promote their partisan self-interest as part of the legislative process, does not mean they are permitted to do so when serving as judges and jurors in an impeachment trial," the letter reads. "To the contrary, as the adjudicators of impeachment, they have a duty to serve in a quasi-judicial capacity."
The letter was published Tuesday morning. And Tuesday afternoon, McConnell announced he had secured enough votes to start the Senate's impeachment trial without passing rules that guarantee witnesses can be called or new evidence can be produced, provisions Democrats had sought.
That move echoes the rules for President Bill Clinton's Senate impeachment trial, in which guidelines on witnesses and evidence was debated after opening arguments were held and questioning began in the trial.
A shock announcement from national security adviser John Bolton on Monday—that he would agree to testify in the Senate impeachment trial under subpoena—was initially thought to pressure some moderate Republicans in calling for McConnell to let them subpoena Bolton and other witnesses.
But McConnell's announcement Tuesday effectively brought to a close speculation about the impact Bolton's announcement would have on the Senate trial rules.
In Tuesday's letter, the attorneys took specific aim at McConnell's statement that there is "not anything judicial" about impeachment. They point to the Senate's standing rules for impeachment trials, "many of which parallel judicial proceedings."
"In short, Leader McConnell's notion that the impeachment process does not have judicial character and implicitly gives him and other senators free rein to conduct the trial as biased political partisans is indefensible," the letter reads. "To the contrary, all senators have a solemn duty to do 'impartial justice' in all aspects of the impeachment trial. This includes Leader McConnell."
The letter's signatories include a number of prominent attorneys, including former Latham & Watkins global chairmqn Robert Dell, former Assistant Attorney General Lois Schiffer and Frederic Kellogg, who was an adviser to Attorney General Elliot Richardson.
Harvard Law professor Laurence Tribe is also among the signatories. In a phone interview Tuesday, he described McConnell's efforts as an attempt to turn the Senate trial into a "political whitewash."
"The reason the Framers gave the Senate the sole power to try impeachments, rather than conducting merely a poll of some political kind, is that they contempted that there would be evidence, there would be witnesses," Tribe, who advised House Democrats during the impeachment proceedings, said.
He noted that senators have to take an additional oath ahead of a Senate impeachment proceeding, and said the country "is entitled" to each senator having "an open mind and try to get to the truth."
However, Tribe predicted that not all is lost when it comes to getting witness testimony in the Senate trial. He said that after some Republicans such as Sen. Mitt Romney said they'd be interested in hearing from Bolton, pressure may mount during the trial to start calling in witnesses.
"We shouldn't assume at this point that McConnell is going to be able to conduct a completely political whitewash, although that's certainly where this is leading," Tribe said.
It's unclear exactly when the Senate impeachment trial will begin. The House voted to impeach Trump for abuse of power and obstruction of Congress largely along party lines last month, but Speaker Nancy Pelosi has not yet transmitted the articles to the Senate.
Rather, she said the House would keep them as it sees which rules the Senate adopted, an idea that Tribe also promoted on Twitter and through an op-ed in The Washington Post.
Tribe said Tuesday that he is in touch with Pelosi as well as other top House Democrats, and that Senate Democrats have also sought his guidance ahead of the impeachment trial. He declined to provide details on the Senate briefings.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRepublican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
4 minute readCars Reach Record Fuel Economy but Largely Fail to Meet Biden's EPA Standard, Agency Says
'Water Cooler Discussions': US Judge Questions DOJ Request in Google Search Case
3 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250