Jan 27

Jan 27 Upstate scholars critique President Trump’s impeachment trial and potential Bolton subpoena By Luke Perry

Subpoenaing witnesses has become a vocal point in the Senate impeachment trial of President Trump as a book manuscript by former National Security Adviser John Bolton allegedly states President Trump tied the release of military aid to Ukraine to launching an investigation into Hunter Biden.

Local scholars differ on whether the House impeachment investigation should have issued subpoenas for pertinent members of the Trump administration, such as Bolton, even if they were ordered by President Trump to not comply.

Democrats would have liked to subpoena Bolton, contends Robert Spitzer, Chair and Distinguished Professor of Political Science at SUNY Cortland, but the Trump administration would have “dragged that out in the courts for months and months, probably past the 2020 election.”

“I think they had to make that decision and do what they did,” Spitzer told Ivory Tower on WCNY.

Witnesses in House impeachment investigation of Donald Trump (Fox 31)

Lisa Dolak, Professor of Law at Syracuse University, believes Democrats should have subpoenaed Bolton, even if they did not think he would appear, and followed suit to enforce it.

“What is the harm in that?” asked Dolak. At minimum, this would have produced some clarity on how long the related court battle would take.

House Democrats invited Bolton to testify, which he rebuffed, but did not subpoena him. Bolton recently indicated he would testify if subpoenaed by the Senate. It is unclear if this will happen.

Kristi Andersen, Professor Emeritus in Political Science at Syracuse University’s Maxwell School, expressed concern about “incredible restrictions for reporters” covering the Senate impeachment trial.

Reporters are confined to roped-in areas, when they typically roam the halls, regularly questioning members of Congress. One stationary camera captures the trial proceedings.

Andersen believes this reflects a desire among Senate Republican leaders, who made the rules, for people to tune out. “The contrast could not be more stark” between the present day and Senate leaders during Bill Clinton’s impeachment trial. Trent Lott (R) and Tom Daschle (D) were committed to collaboratively creating trial rules both sides thought were fair.

Senator Majority Leader Mitch McConnell was disinterested in replicating this approach.

Jay Sekulow, member of President Trump’s defense (ABC News)

Tim Byrnes, Professor of Political Science at Colgate University, believes it is a mistake to think the Senate trial “is some kind of an assessment of a charge. It’s not. It’s not a real trial. It’s a political show.”

Byrnes contends Republicans decided long ago not to convict Trump, endangering U.S. democracy as “checks on executive authority are implemented by parties.”

Scholars have documented that slides into authoritarianism happen when political parties fail to hold their own party members accountable to democratic norms, undercutting their institutional authority and emboldening autocrats.

Dolak critiqued Democratic leaders for not considering more deeply public perceptions surrounding some of their decisions, including potentially bargaining for witnesses.

Testimony from Hunter Biden or Joe Biden would not be admissible in a court of law, Dolak explained, given its irrelevance to the case at hand. Even so, Democrats should consider this as part of a larger effort to secure other witnesses, like Bolton, who can provide firsthand material insights on the president’s conduct toward Ukraine. This approach would bolster transparency and enhance the validity of the Senate trial.

Minority Leader Chuck Schumer rejected this tactic, while Joe Biden said he would not testify.

The Bolton manuscript could change this. Earlier today Senator Patrick Toomey proposed calling two witnesses, one by Republicans and one by Democrats.

It remains to be seen if an agreement will be reached. A vote on whether to call witnesses could happen as soon as Friday.

Luke Perry (@PolSciLukePerry) is Professor of Government at Utica College

Watch Ivory Tower on WCNY (Friday nights at 8pm) for weekly analysis of current issues by local experts in politics, law, history and journalism