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

The Trump Administration’s Plan for Protecting Consumers? Politely Ask Companies to Behave.

Russell Vought, the acting director of the Consumer Financial Protection Bureau, testified before the Senate Committee on Banking, Housing and Urban Affairs in July.

Samuel Corum/Sipa USA via AP Images

The Trump Administration’s Plan for Protecting Consumers? Politely Ask Companies to Behave.

In mid-July testimony before Congress, Russell Vought boasted that, as the acting head of the Consumer Financial Protection Bureau, he’d refashioned the agency’s approach to pursuing banks and other financial companies accused of exploiting Americans — the role Congress had created for the agency after the 2008 economic crash.

Vought had spent the first 18 months of the new Trump administration trying to dismantle the bureau, much as he and other appointees had done with the U.S. Agency for International Development. At CFPB, he’d ordered mass layoffs, tried to choke off the bureau’s funding and ended the lease on its headquarters, attempting to make good on his vow to put civil servants “in trauma.” But federal courts blocked Vought’s efforts to close the CFPB, with a judge at one point saying the administration had acted with “complete disregard” for Congress.

Keep ReadingShow less
​Teal shoes are displayed outside Naval Medical Center Portsmouth

Teal shoes are displayed outside Naval Medical Center Portsmouth in April 2018 as part of Sexual Assault Awareness and Prevention Month.

Mass Communication Specialist 2nd Class Kris R. Lindstrom/U.S. Navy

Military Sexual Trauma Survivors Can’t Sue the Government. A New Bill Could Change That.

When Mayra Diaz opened the door of her Army barracks room in 2022, she didn’t realize it was the beginning of the end of her military career.

She had never met the soldier standing in front of her, Sgt. Greville Clarke. She didn’t know he had sexually assaulted three other women on base over the past 15 months, including one he threatened at knifepoint.

Keep ReadingShow less
​Horizontal photo of a DEMOCRATIC PARTY FLAG

Horizontal photo of a DEMOCRATIC PARTY FLAG with a stylized DONKEY with 3 white stars on blue top of donkey and two red feet. Flag is laying on top of a red, white, and blue American Flag.

Getty Images

How to Define the Democratic Party - Left or Centrist?

Labels can be misleading and misused. The label "Centrist" is empowering because it signifies you are mainstream, not extreme, a place where all people can come together. To be labeled "Left" is to place you outside the mainstream, extreme; left connotes a kind of kookiness as well as—horror of horrors—Socialism.

But are the labels accurate? For most of the 20th century, the Democratic Party was, without question, the party that championed the working man, the average person—the people. But they were nevertheless firm capitalists—they were not Socialists.

Keep ReadingShow less
Illustration of US Capitol

Illustration of US Capitol

Illustration provided

Are States and Localities Required to Cooperate with ICE?

Polls show a majority of Americans disapprove of how Immigration and Customs Enforcement (ICE) is doing its job, with outrage stoked by a surge in immigration arrests across the country and multiple killings by federal immigration officials. In many places, residents are against their state and local officials cooperating with immigration authorities. And many local law enforcement leaders argue that cooperating with federal immigration enforcement operations undermines public safety by taking resources away from local priorities and eroding communities’ trust in law enforcement.

Trump administration officials have repeatedly argued that states and localities are legally obligated to cooperate with federal immigration enforcement efforts. They have also warned that state and local laws limiting cooperation with ICE will be met with harsh crackdowns.

Keep ReadingShow less