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

Why Aren’t There More Discharge Petitions?

illustration of US Capitol

AI generated image

Why Aren’t There More Discharge Petitions?

We’ve recently seen the power of a “discharge petition” regarding the Epstein files, and how it required only a few Republican signatures to force a vote on the House floor—despite efforts by the Trump administration and Congressional GOP leadership to keep the files sealed. Amazingly, we witnessed the power again with the vote to force House floor consideration on extending the Affordable Care Act (ACA) subsidies.

Why is it amazing? Because in the 21st century, fewer than a half-dozen discharge petitions have succeeded. And, three of those have been in the last few months. Most House members will go their entire careers without ever signing on to a discharge petition.

Keep ReadingShow less
U.S. Capitol.
As government shutdowns drag on, a novel idea emerges: use arbitration to break congressional gridlock and fix America’s broken budget process.
Getty Images, Douglas Rissing

Congress's productive 2025 (And don't let anyone tell you otherwise)

The media loves to tell you your government isn't working, even when it is. Don't let anyone tell you 2025 was an unproductive year for Congress. [Edit: To clarify, I don't mean the government is working for you.]

1,976 pages of new law

At 1,976 pages of new law enacted since President Trump took office, including an increase of the national debt limit by $4 trillion, any journalist telling you not much happened in Congress this year is sleeping on the job.

Keep ReadingShow less
Red elephants and blue donkeys

The ACA subsidy deadline reveals how Republican paralysis and loyalty-driven leadership are hollowing out Congress’s ability to govern.

Carol Yepes

Governing by Breakdown: The Cost of Congressional Paralysis

Picture a bridge with a clearly posted warning: without a routine maintenance fix, it will close. Engineers agree on the repair, but the construction crew in charge refuses to act. The problem is not that the fix is controversial or complex, but that making the repair might be seen as endorsing the bridge itself.

So, traffic keeps moving, the deadline approaches, and those responsible promise to revisit the issue “next year,” even as the risk of failure grows. The danger is that the bridge fails anyway, leaving everyone who depends on it to bear the cost of inaction.

Keep ReadingShow less
Who thinks Republicans will suffer in the 2026 midterms? Republican members of Congress

U.S. Speaker of the House Mike Johnson (R-LA); House Chamber at the U.S. Capitol on December 17, 2025,.

(Photo by Kevin Dietsch/Getty Images)

Who thinks Republicans will suffer in the 2026 midterms? Republican members of Congress

The midterm elections for Congress won’t take place until November, but already a record number of members have declared their intention not to run – a total of 43 in the House, plus 10 senators. Perhaps the most high-profile person to depart, Republican Rep. Marjorie Taylor Greene of Georgia, announced her intention in November not just to retire but to resign from Congress entirely on Jan. 5 – a full year before her term was set to expire.

There are political dynamics that explain this rush to the exits, including frustrations with gridlock and President Donald Trump’s lackluster approval ratings, which could hurt Republicans at the ballot box.

Keep ReadingShow less