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

By Bryan Williams

It is done. Amy Coney Barrett has been confirmed to the Supreme Court by the Republican Party (minus Susan Collins of Maine) in the United States Senate. The sun is still hanging in the sky, birds are still chirping, and bills are still being sent to me. Life goes on. This is how millions in America feel right now I imagine.

How about our political leaders? Those with a “D” after their name are furious and are promising all kinds of retribution should they win next Tuesday. The most notable option for the Democrats to get back at the Republicans for confirming ACB is to pack the court with upwards of six new justices.

Joe Biden has been coy for weeks as to whether he supports this court packing idea. He finally said at last week’s debate that if he becomes president, he will name a commission to study the matter and bring it back to him in six months or so. Ho hum, and I’m not surprised. This is what politicians do when they don’t want to tell you how they really feel and shield themselves from having to make a decision that may jeopardize some votes. Ask yourself this: would Donald Trump name a commission to study packing the court? Would Kamala? I think we all know the answer is “no.”

Do I think Joe Biden will eventually try to pack the court? Yes, but not because he wants to. While he proclaims that he is the Democratic Party, I don’t think he fooled anyone by saying that. Joe is the guy the left-wing needed to look electable while the liberal wing of the party waits in the, er, wing to swoop in and pull his strings come next Jan. 20th. Will packing the court matter if the Democrats own the other two branches of government? Will the new conservative majority on the court alter “Life as we Roe It?”  As President Trump says quite often, “We’ll see.”

One thing I do know: the sun will rise tomorrow. Birds will chirp. My bills will still be coming in. Life will go on whether there are nine justices on the Supreme Court or fifteen. Let’s let ACB do her (new) job.

Williams is a mental health professional and former Republican party official in California.

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