Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Why witnesses at Trump's trial would be good for the system — and the drama

Opinion

Michael Cohen

Former Trump lawyer Michael Cohen could be the kind of explosive witness able to sway votes, writes Solomon.

Spencer Platt/Getty Images

Solomon is the senior digital strategist at Next Level Studios, a legal marketing firm, and an adjunct management professor at McGill University in Montreal.


The question that remains on everyone's mind is whether the post-presidential impeachment trial of Donald J. Trump is constitutional.

Of course it is.

In a 14-page memo released last week, lawyers for Trump argue, among many other things, that the Senate trial beginning Tuesday is an egregious constitutional overreach and that the Senate has no jurisdiction over Trump because he currently holds no public office from which he can be removed.

This is a serious logical stretch and even a more tenuous legal one.

Trump was impeached by the House while he was still the president. The acts and omissions that led to his being charged all occurred while he was in office. The Senate proceedings are simply a timely continuation of this fair process that is actually empowered by the Constitution. To be crystal clear, there is nothing happening that is unconstitutional.

What is actually and critically important is how the Senate will conduct the trial.

The process will be historically good political theater. With a Senate tied at 50 Democrats and 50 Republicans, the chances of getting to an actual conviction are somewhere between tiny and small — even with a few Republican senators looking likely to vote to convict Trump of "incitement of insurrection," the storming of the Capitol on Jan. 6. Remember that the bar is set high, with a two-thirds majority required. It just seems too unlikely for this to happen, though the past five years should have taught us that political prognostication is a wicked game.

So what's the wild card here? What might actually create a situation so politically bad for the GOP that enough members would have to even begrudgingly cross the line and vote in favor of conviction, which would then very likely lead to a second vote barring Trump from holding public office again? Witnesses.

This is the fight that will begin to be played out in traditional and social media cycles. Watch for the nuance in the arguments as to why witnesses should or should not be called. It's going to be fascinating stuff.

The Democrats have wanted to call witnesses. Why not? They feel that enough witnesses will emerge to strengthen their impeachment case. The Democrats feel that the Trump defense team is questionable at best — more of a team of B players rather than Grade A lawyers. The strength and depth of the legal team is critically important. They need to be reactive in real time during the trial but they also need to be proactive, able to anticipate the next move from the House impeachment managers. The key Democratic leaders feel that there is no evidence yet that the previous president's team will be terribly skilled at doing this.

Strategically, this opens the opportunity for blockbuster witnesses to come in with damaging evidence powerfully presented. While there are many who might be called to testify should witnesses be allowed, perhaps none would be more damaging than the former president's former lawyer, Michael Cohen.

Just last week, Cohen said that he would put the "nail in the coffin" at the trial if given the opportunity to testify. Unless we believe this to be all palaver, Cohen could be the kind of explosive witness able to sway votes.

The GOP doesn't want any witnesses and who can blame them? The goal of the vast majority of Republicans in the Senate is to make this all go away. Clearly, even the most ardent Trump supporters simply want the Senate trial to disappear as quickly as possible. A carbon copy of the first Trump impeachment trial, only a year ago, would be ideal for them. Fast and not even close.

GOP Sen. Lindsay Graham of South Carolina says that allowing witnesses at trial would be tantamount to "opening a Pandora's box," which is actually a prescient observation.

As the Greek myth goes, Pandora's box was actually a jar. Pandora opened this jar left in her care expecting it to be a wonderful gift. Instead, it contained sickness, death and many other unspecified evils which were then released into the world. Hence the opening of a Pandora's box today focuses only on the effect of the jar's opening.

But, again, Pandora thought she was opening a present. She had no intent to open a jar that would cause a literal world of problems. So perhaps Graham is right. Allowing witnesses in the Senate impeachment trial could be opening the box Pandora had intended to.

The Democrats have nothing to fear by calling witnesses. Worst case scenario is that their witnesses are a total flop. Unlikely, but if this is the case, their efforts to impeach would certainly be no worse off than if they weren't allowed to call witnesses and the trial proceeds quickly to a losing vote.

What the GOP has to lose by calling witnesses may be the entire trial. Who knows what evils are brewing within the jar? Would there be multiple witnesses such as Mr. Cohen with the clear intent and perhaps the knowledge to hammer in that final nail? Does the GOP already know that these witnesses exist and are ready to come forward or will they be truly surprised at the scope and depth of what the jar will reveal if opened?

That's the thing with both mythology and witnesses in an impeachment trial. You never know what you're going to get until it happens.

Under a draft agreement between Majority Leader Chuck Schumer and Minority Leader Mitch McConnell that circulated Monday, the prospect of witnesses looks unlikely. The former president was asked to take the stand by the House managers, or prosecutors, he has flatly declined the offer to be the most dramatic and unpredictable star witness possible.


Read More

Congress Poised to Advance Bill Providing ALS Patients Their ‘”Best Chance’” at a Cure

Sandra Abrevaya and Brian Wallach give testimony at an Apr. 15 House Subcommittee hearing

(Photo by Stephen Voss, courtesy of I AM ALS)

Congress Poised to Advance Bill Providing ALS Patients Their ‘”Best Chance’” at a Cure

WASHINGTON — Brian Wallach spoke with his eyes.

The Illinois native and co-founder of I AM ALS has been living with ALS for eight years and can no longer use his voice. Instead, Wallach, 45, types with his eyes, then generates speech by applying artificial intelligence to old recordings of his voice.

Keep ReadingShow less
House Bill Pushes Bipartisan Effort to Tackle Federal Benefits Fraud, Refocusing from Immigration

Expert witnesses testify on the issues facing federal benefits programs run by states at a House Government Operations hearing on Wednesday, April 15, 2026.

(Photo by Naisha Roy | Medill News Service)

House Bill Pushes Bipartisan Effort to Tackle Federal Benefits Fraud, Refocusing from Immigration

WASHINGTON — Rep. Pete Sessions, R-Texas, introduced a bill Wednesday morning that would create a permanent U.S. Treasury Inspector General position for fraud accountability as part of a broader effort to crack down on the misuse of federal benefits.

The bill would offer an alternative, bipartisan way to prevent federal benefits fraud, after several months of politically charged congressional hearings.

Keep ReadingShow less
Trump Wants To Kill Your Moon Joy

In this handout image provided by NASA, As the Artemis II crew flew over the terminator, the astronauts described this boundary between day and night as "anything but a straight line." Crater rims along the terminator stand out as "islands" in the night.

Photo by NASA via Getty Images

Trump Wants To Kill Your Moon Joy

Just last week, four astronauts left Earth’s orbit, journeyed around the moon, and returned safely home. In the midst of new lows for humanity–like someone threatening to destroy an entire civilization when they have the resources to actually do it–the human race is simultaneously reaching new heights. It is marvelous, miraculous, and a milestone for all humans to celebrate. It is almost unthinkable, however, that at this moment, as the world rallies behind NASA in amazement, Trump is dismantling many of its programs, threatening to slash its budget, and generally working to kill your “moon joy.” Houston, we have a problem.

Artemis II hit close to home for me. The astronauts splashed down off the coast of San Diego, where I was stationed as a Navy pilot for the last eight years. More astronauts come from Naval aviation than anywhere else, and I am proud to wear the same wings of gold as two members of the crew. Following multiple deployments as a pilot, I certified aviation departments of surface vessels and helped deploy tactical air control squadrons aboard them; one of those vessels is where the astronauts landed after getting scooped out of the ocean by H-60 helicopters, the aircraft I flew during my service. All to say: I know intimately the preparation, technical rigor, talent, and coordination required for even relatively insignificant pieces of a mission of astronomical proportions. If we want to shoot for the stars, then we'd better recommit ourselves to what gets us there: science and DEI.

Keep ReadingShow less
Capitol Building of USA

Senate votes increasingly pass with support from senators representing a minority of Americans, raising questions about representation, rules, and democracy.

Getty Images, ANDREY DENISYUK

Record Number of Bills and Nominations Passed With Senators Representing a Population Minority

From taxes to the environment to public broadcasting like PBS and NPR, the Senate has recently passed record levels of legislation and confirmed record numbers of nominations with senators representing less than half the people.

Using historical data, GovTrack found 56 examples of Senate votes on legislation that passed with senators representing a “population minority.” 26 of those 56 examples, nearly half, have occurred since President Donald Trump’s current term began.

Keep ReadingShow less