It is too often said that a Senate trial following impeachment is political, so the Senate can proceed in whichever way it chooses. Yes, the Senate is a political body, but that does not make an impeachment trial political.
As retired federal judge Nancy Gertner clarifies (“What the Constitution actually says about a Senate impeachment trial,” Opinion, Jan. 14), the Senate has a constitutional obligation (Article I, Section 3) to “try” an impeachment case in accordance with “the specific meaning [of the term “trial”] in the 18th century, not unlike its meaning today.” Thus, if the Senate trial of President Trump disregards the basic elements of a trial, it would violate the Constitution.
While there is no judicial remedy for such a violation, the absence of a further remedy would not make unconstitutional proceedings constitutional. The Senate is obligated to follow the Constitution; senators, upon taking office, take an oath as required by Article 6, “to support this Constitution.” Approximately 500 lawyers nationwide have made this point in a letter now being circulated.
Michael Altman
Cambridge
The writer is a signatory to the open letter to the Senate.
Note from KBJ: Don't worry, Michael. There will be a trial, and President Trump will be acquitted. The only question is, "Will you accept the verdict?" It sounds as though your mind is made up that the trial will not be fair.
