By Todd Lassa
Contrasting with the flurry of more than 30 executive orders being signed by President Biden in the last few days and his cabinet picks working their way through the Senate at a rapid pace, things aren't going as well between newly promoted Senate Majority Leader Chuck Schumer, D-NY, and similarly demoted Minority Leader Mitch McConnell, R-KY, and his caucus on how, when and even if to conduct the trial of former President Trump. It appeared the Senate was headed for Trump-style deal-making that would have pit Senate Democrats’ effort to kill the legislative veto and give their 50-plus-Vice President Harris-majority more teeth against Senate Republicans’ wish to delay Trump’s impeachment trial, if not to spike it indefinitely.
Schumer has since agreed to delay Trump’s impeachment trial to the week of February 8. McConnell on Monday night gave in to Schumer’s demands for a vote to rescind the legislative filibuster that forces a 60-vote majority to pass bills, in exchange for an agreement on Senate organization. But the deal may prove empty if two centrist Democrats, Krystin Sinema of Arizona and Joe Manchin of West Virginia honor their promise to vote with Republicans and retain the filibuster.
In the middle of all this, various news outlets, regardless of alleged political leanings, reported either a.) there are nowhere near the 17 Republican Senate votes needed to accompany an assumed unanimous Democratic vote in order to reach the 2/3-majority necessary to convict; or b.) a sufficient number of Republican senators have privately, anonymously committed to help Democrats reach the 67 votes necessary.
The least Democrats can count on for now is that Sen. Mitt Romney, R-UT, appears ready and willing to vote for conviction. The editorial We might assume Schumer is also counting on Republicans Lisa Murkowski, of Alaska, Susan Collins, of Maine and Ben Sasse, of Nebraska. Throw in possibly Sen. Rob Portman, R-OH, who has just announced he will retire after three terms, and fellow 2022 retiring Republican Sens. Pat Toomey of Pennsylvania and Richard Burr of North Carolina, perhaps add in McConnell, who has already said he will not whip the Republican caucus on how to vote, count on all Democrats including two independents who caucus with them, and you may be up to 58 votes to convict, nine short of the number necessary to convict.
Some Republicans who have joined the anti-Trump and never-Trump unofficial sub-caucus and Democrats hope that a Trump conviction will be followed by a vote on whether to ban the former president from ever running for federal office again, which may only require a 51-vote majority depending on the rules set forth for the impeachment trial.
Because the week of February 8 will mark the first-ever impeachment trial of a former president, Chief Justice John Roberts will not preside. Instead, that honor goes to President pro-tem Patrick Leahy, Democrat from Vermont.
What should happen? What will happen in this historic anomaly? Pundit-at-large Stephen Macaulay tackles those questions for the left column, and contributing pundit Bryan Williams considers the questions on the right.
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Click on News & Notes for details of the impeachment article against former President Trump