Scenarios for a trial late last week. Here is what they had to say. The senate will have to address some of the deepest institutional questions. Will have to decide whether we are going to safeguard tradition or less shortterm partisan raise rage overcome them. In december, i explained how mostrats sprint into the least fair and at least thorough impeachment inquiry in American History. It has jeopardized the foundation of our system of government. Speaker pelosi told the country, impeachment is so divisive to the country that unless there is something so compelling and overwhelming and bipartisan, i dont think we should go down that path. That was the speaker less than a year ago. Back in 1998 when democrats were defending president clinton, jerry nadler said, there must never be a narrow voted impeachment or an impeachment substantially supported by one of the Political Parties and opposed by the utter by the other. It would lacks legitimacy. That is what jerry nadler said 20 years ago. That was standard when a democrat was in the white house. Hows democrats care more about attacking trump than keeping promises. Theycrushed through rushed through an investigation. They did not bother with a standard Legal Process or pursuing witnesses and evidence. They dont have time to do that. Adam schiff told the whole country that a Court Decision takes a long time. He did not want to wait. They dont have time to go to court. They plowed ahead. Plowed right ahead with a historically weak case and impeached a duly elected president with votes from just one political party. Democrats have trump derangement syndrome and let that develop into a fever our Founding Fathers were afraid of. This sad spectacle before the holiday took another unusual turn. As soon as the partisan Impeachment Vote had finished, the prosecutors began to develop cold feet. Instead of sending the articles to the senate, they blanched. Thats right. The same people who just spent weeks screaming impeachment was so serious and urgent that it could not wait for due process decided it could wait while they check the political winds and look for new talking points. This is another situation where House Democrats have blown right past the specific warnings of the Founding Fathers. Hamilton specifically warned about the dangers of a procrastinated, determination of the charges. He explained it would not be fair to the accused and be dangerous for the country. Speaker pelosi does not care. Her congress is behaving like or designingrate majority in the house of representatives that hamilton warned might abuse the impeachment power. As House Democrats continue their political delay, they are searching desperately for some new talking point to help them deflect blame for what they have done. We have heard it claimed the same House Democrats that botched their own process should get to reach over into the senate and dictate our process. We have heard claims it is a problem that i have discussed mechanics with the white house. Counterpart, the overratic leader, has gone mechanics with the speaker which some may call prosecution. It is ok to have consultation with prosecution but not with the defendant. Heard claims that any senator that form defendant that formed opinions about these actions as they played out into the view of the nation should be disqualified from the next phase. Mr. President , this is nonsense. Let me clarify senate rules and history for those who may be confused. Fantasy thatthis the speaker of the house will get to hand design the proceedings in the senate that is nonsense. What i have consistently said is simple. The structure for this impeachment trial should track with the structure of the clinton trial. We have a president here. That means two phases. First, back in 1999, the Senate Passed a unanimous, bipartisan resolution 100 20 that set up 0 that set up opening arguments and senator questions. Solid on midtrial questions like witnesses until the trial was underway. 100 tos approved nothing. Things started to diverge on party lines as we considered the later procedural questions. Resolution, laying out the first half of the trial, was approved 100 to nothing. I believe we should simply replete that bipartisan president as well. That is my position. President trump should get the same treatment every single senator thought was fair for president clinton. Just like 20 years ago. We should addressed matrox questions like witnesses mid trial witnesses after opening statements, senator questions, and other relative motions. Fair is fair. Let us discuss the lectures about how senators should do our jobs. We take to do impartial justice hasmpartial should wallsenators themselves off from the biggest news and ignore with the house is doing. The oath has never met we checked political judgment at the door and strip away our independent judgment about what is best for the nation. It has never meant that. It never could. The framers debated whether to give the ability to try impeachment to a court of the senate. They decided on the senate precisely because impeachment is not a narrow, legal question. Impeachment is not a narrow, legal question. But a deeply political one as well. Hamilton said this explicitly in federalist 65. Impeachment requires the senate to address legal questions about what has been proved and political questions about what the common good of our nation requires. Senators do not cease to be senators just because the house sends us articles of impeachment. Same toains the represent our state, our constituents, and our patients best interest and our nations best interest. That is our obligation. Whether we are voting on legislation, nomination, or the verdict in an impeachment. , democratso understood all this very well. President clinton had committed an actual felony. Actually clinton had committed a felony. Believed in the narrow sense of impartiality, that they have adopted as a talking point, then every single one of them would have removed president clinton from office. A majority of the senate decided removing president clinton, despite his actual crime, would not best serve the nation. President , they made a political judgment. Then leadingack objections tozero senators speaking out before the trial. Leader,ent democratic senator schumer, was running for senate during the house impeachment process in 1998. He voted against the articles in the Judiciary Committee and the house floor. Of his Senate Campaign that year listen to this was literally promising advance, that he would vote to acquit president clinton. People ask if it was appropriate for him to prejudge like that. He dismissed the question saying, this is not a criminal trial. Something the Founding Fathers decided to put anybody susceptible to the whims of politics. That was the democratic leader in the 1998 Senate Campaign. That was sworn in senator schumer in 1999. During the trial itself, tom harkin successfully objected to the use of the word jurors to describe senators because the analogy to a narrow legal proceeding was so inappropriate. According to senator harkin. Look, mr. President , i respect our friends across the aisle. That trumpars derangement syndrome is also a case of amnesia. A bad case of amnesia. No member of this body needs condescending lectures on fairness from House Democrats who just rushed through the most unfair impeachment in modern history. Or lectures on impartiality from senators who happily prejudged the case of president clinton and changed their standard to fit the political whim. Anyone who knows American History or understands the constitution as a senators role in a impeachment trial is nothing. Nothing like the job of the jurors in the legal system. The very things that make the senate the right form to settle impeachment would disqualify all of us in an ordinary trial. All of us would be disqualified. Americans, senators have paid attention to the fact and arguments that has democrats have rolled out publicly before the nation. Many of us personally know the parties involved on both sides. We do not stand apart on the issues of the day. Deeplyur job to be engaged in those issues. But, and this is critical, the senate is unique by design. Senate tos built the provide a check against passions,ism, runaway and the demon infection that hamilton warned would extend the scepter over the house of representatives at certain seasons. Foundersbecause the wanted an institution that could stop momentary hysteria and partisan passions from damaging our republic. An institution that could be thoughtful, sober, and take the long view. That is what the constitution puts the impeachment trial in this place. Not because senators should pretend they are uninformed, on opinion did, or disinterested in political questions. But precisely because we are informed, opinionated, and can take up these questions. Oathis the meaning of the we take. That is the task that lies before us. Impartial justice means making up our minds on the right basis. It means putting aside reflexive partisanship in putting aside personal relationships and animosities. Factsns considering the the house has presented and rendering the verdict we believe is best for our state, our constitution, and our way of life. Means seeing clearly not what some might wish the house of representatives had proven, but what they actually have, or have not, proven. It means looking past a single news cycle to see how overturning a election would reverberate generations. Senators arelieve forming opinions about these questions of the last accent months. We sure have. Especially in light of the president breaking theatrics that House Democrats chose to engage in. Are their we turn is over. They have done enough damage. Turn toe senates render sober judgment as the framers envisioned. We cannot hold a trial without the articles. Rules do notown provide for that. Content toare continue the ordinary business of the senate while House Democrats continued to flounder. When they muster the courage to stand behind their work product, and transmit their articles to the senate, it will then be time for the United States senate to fulfill our founding purpose