A Trial of Politics, But Not of Law

Imagine you get arrested for stealing.  As per your constitutional rights, you are guaranteed a fair trial before an impartial jury of your peers.  And whether or not you had actually stolen in the first place, you would be convicted or acquitted based on the evidence.

The impeachment trial of President Trump has officially started, but unlike a traditional American trial it will take place in the Senate. And regardless of whether President Trump committed the high crimes for which he was impeached, his trial should follow similar guidelines: an impartial jury, fair trial, and conviction or acquittal based solely on evidence.

In a court trial, the jury and judge are two separate entities.  The judge possesses the knowledge of the law and enforces legal practices, ensuring a fair trial.  The jury, as “peers” to the defendant, render a verdict based solely on evidence.

In an impeachment, however, the Senate forms both the judge and the jury, and has sole power over what form the trial takes. The Senate votes to determine what restrictions will be placed on the trial in its role as judge, despite the fact that some senators have never practiced or studied law.  Unlike most courts, the Senate is not required to reach a unanimous decision when acting as a jury.

For these reasons, many journalists consider impeachment trials a political proceeding, rather than a legal one.  Obviously, it is impossible to presume that the trial of a president could be made completely apolitical. 

But treating the trial as an exercise in political affiliations causes problems that prevent the fair administration of justice.  In a court trial, the jury is vetted to ensure that they are unbiased and have nothing to gain from either side that could sway their decision.  

In the impeachment trial of President Trump, however, each political side has called for the recusal of senators from the trial.  Democrats have called on Mitch Mcconnell, Senate Majority Leader, to recuse himself from the trial following his public statement that his stance would mirror that of the White House. Republicans have called for senators who are campaigning in the 2020 election to recuse themselves as well.  Neither side will.

The loser in this political exercise?  The chance at a fair trial and the trust of the American people.  In reality, achieving a fair trial would require not only the recusal of both Mcconnell and the Democratic candidates, it would require a revision of the entire system that creates more stipulations on the form an impeachment trial takes.

There is no doubt our legal system is flawed. I have no delusions about the number people who are wrongfully convicted or those who escape justice on technicalities and procedure.  A review of our legal system is long overdue. But until such a review happens, the citizens of the United States are tried under the system we have. And the Head of our Government and State should not be treated any differently than the people they represent.