(CNN)The
impeachment trial of President Donald Trump is a relative rarity in
American political history, and yet aspects of it have the haunting
familiarity of a sham trial in the Jim Crow South, where black people
were routinely criminalized and murdered in the name of "justice."
Yes, there are certainly obvious differences between this political
trial and the ones that many black Americans have faced, but the
common thread remains: going through a trial that has already been
decided before it even began.
There
is little precedent for how to conduct only the third presidential
impeachment trial ever to take place. However, with the Senate vote
by the Republican majority to exclude
witnesses
-- likely including former national security adviser John
Bolton
and indicted Rudy Giuliani associate Lev
Parnas
-- the impeachment trial became nothing more than a kangaroo court
with a predetermined outcome, a very American ritual of injustice
masquerading as due process.
Comparing
impeachment to Jim Crow jurisprudence, Rev. William J. Barber II of
Repairers
of the Breach
and the Poor
People's Campaign summed
it up when he tweeted:
"In the old Jim Crow South, when racists harmed Black folks, the
prosecutor & judge would conspire to have a fake trial &
ensure the racists didn't get convicted. We are seeing these same
tactics play out in the impeachment trial under McConnell & it's
shameful."
There
is ample evidence the fix was in, that GOP senators had no intention
of acting as impartial jurors. Senate Majority Leader Mitch
McConnell,
who said there was no chance the President would be removed from
office, pledged
to work closely and in "total
coordination" with
the White House on impeachment.
Senate
Judiciary Committee chair Lindsey Graham said,
"I am trying to give a pretty clear signal I have made up my
mind. I'm not trying to pretend to be a fair juror here." And as
some senators reportedly fell
asleep and
played with
fidget spinners
during the trial, Trump threatened to invoke executive
privilege to
block the testimony of former national security adviser John Bolton.
Boasting
about hiding the impeachment evidence, Trump
said
"We have all the material. They don't have the material."
In
a perfect example of jury nullification, Tennessee Republican Sen.
Lamar Alexander
acknowledged Trump's wrongdoing as "inappropriate," yet
supported acquittal and voted against witnesses. And Florida Sen.
Marco Rubio wrote
in a Medium post, "Just because actions meet a standard of
impeachment does not mean it is in the best interest of the country
to remove a President from office."
Trump's
impeachment defense lawyers gave campaign
contributions
to Sen. McConnell and other Republican jurors in advance of the
trial, according to the Center
for Responsive Politics.
Preventing
first-hand witnesses from testifying and new documents from being
entered into evidence is very typical of how trials were conducted in
the Jim Crow South, when gerrymandering,
voter
suppression
and violence maintained white political rule, and all-white juries
quickly convicted black defendants and exonerated white defendants
without the need for evidence or deliberation.
For
example, in 1955, Roy Bryant and J.W. Milam -- two white men -- went
on trial in Mississippi for the brutal kidnapping, murder and
mutilation of Emmett Till -- a black 14-year old boy from Chicago.
It
was obvious then, as now, that the trial was for show, almost more a
justification for what had happened to Till. A white woman, the wife
of one of the defendants, alleged Till had whistled at her (decades
later she admitted to lying).
A
number of witnesses were called, including two black men, one of whom
identified the killers, and both of whom were threatened with death
for testifying. However, the sheriff reportedly placed
other black witnesses in
jail to prevent them from testifying. An all-white-male jury -- black
people were effectively not allowed to vote or serve on juries --
deliberated for only
67 minutes
to deliver a not guilty verdict. Even the jurors knew they were
participating in theater; "We wouldn't have taken so long if we
hadn't stopped to drink pop," one juror said.
Similarly,
in 1931, nine black teens known as the
Scottsboro boys
were falsely accused of raping two white women in Alabama. While the
boys were awaiting trial, a white mob threatened to lynch them. With
the exception of the 13-year-old, they were swiftly sentenced
to death
by an all-white-male jury. Although none were executed, they
collectively served
100 years in
prison. Some of the boys were retried
and reconvicted,
and the Supreme Court twice overturned the guilty verdicts.
Echoes
of Jim Crow jurisprudence continue to the present day, and even with
attempts to reform the criminal justice system, injustices plague the
poor and people of color, who are disproportionately incarcerated.
When black and Latino teens, known as the Central Park Five, were
falsely arrested, interrogated and coerced in the brutal rape and
beating a white woman in New York, Trump placed a full-page
ad in
four newspapers calling
for the death penalty.
Even after the accused were exonerated by DNA evidence linking
another person to the crime, as recently as last year, Trump has
declined to apologize for his actions.
It
is not surprising that Trump's GOP would work overtime to conduct a
fake impeachment trial with their own narrative and set of facts and
no witnesses to avoid accountability. This, despite a CNN
poll showing
that 69% of Americans want to hear new witness testimony, and a
Quinnipiac
Poll
in which 75% say witnesses should be allowed to testify. A recent Pew
poll
found a slight majority of Americans supporting Trump's removal from
office, with 63% saying he has definitely or probably broke the law,
and 70% concluding he has done unethical things.
However,
if the Senate does not reflect the will of most Americans, it is
because the Senate is a fundamentally undemocratic institution that
exercises minority rule. For example, on a strictly 53-47 party line
vote, the Senate voted to reject a series of amendments to subpoena
documents and witnesses
(for the vote that decided whether to allow witnesses, two
Republicans voted with Democrats
in a vote that failed 49-51 to allow witnesses at Trump's impeachment
trial).
Those
53 Republican senators in the first vote, as author and reporter Ari
Berman noted,
represent 153 million Americans, as opposed to the 168 million people
the Democratic senators represent. Minority rule is subverting
democracy and the rule of law and undermining the popular will,
resulting in unjust policies and decisions. This, as Republicans who
control the Senate with a minority of popular support block the
impeachment of a President who was elected with nearly
2.9 million fewer votes
than his opponent. Jim Crow segregationists employed voter
suppression, violence
and coups to
maintain power. Similarly, today's GOP must rely on anti-democratic
methods to cling to power in a changing
America,
and prop up a President who will most certainly stay in office
through malfeasance, playing to xenophobic fear and threats
of violence.
Meanwhile,
US Supreme Court Chief Justice John Roberts, who has assumed the role
of a potted plant throughout most the proceeding, helped create
this mess
by playing an active role in the erosion of democracy and the
legitimacy of the political system. Under Roberts' leadership, the
high court has sanctioned gerrymandering, eviscerated voting rights,
and allowed for unlimited money in our elections, including
potentially from foreign sources.
If
the Republicans hope for an end run around democracy with a kangaroo
court, this is nothing new. Following in the footsteps of those who
played a part in sham trials in the Jim Crow South, the Trump party
cares little about justice, and everything about breaking the rules
to maintain power in perpetuity. Unfortunately, sham trials are as
American as apple pie.
This
commentary was originally published by CNN.com
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