Donald Trump impeachment trial begins with charges read
The moment marked the official start of only the third such proceeding against a president in US history.
Donald Trump’s impeachment trial, just the third conducted in United States history, has begun with Senators promising to deliver ‘impartial justice’ despite a divided Congress and a bitterly partisan impeachment process.
The opening of the historic trial coincided with a new report that found the White House broke the law when it withheld military aid to Ukraine, an issue which has been central to the president’s impeachment.
A report by the non-partisan congressional watchdog, the Government Accountability Office (GAO) found the Trump administration improperly froze $US214 million in aid for policy reasons.
“Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law,” the GAO said. “OMB (Office of Management and Budget) withheld funds for a policy reason, which is not permitted under the Impoundment Control Act.”
Democrats, in their articles of impeachment, accused the president of withholding almost $US400 million in military aid to Ukraine in order to pressure the Ukraine government to investigate his political rival Joe Biden.
Mr Trump has denied any so-called quid pro quo between the withholding of aid and pressure on Ukraine over Mr Biden.
The GAO report came amid ceremonial scenes in the Senate where the Chief Justice John Roberts was sworn in as the trial judge followed by the swearing in of the 100 Senators to deliver ‘impartial justice’ in the impeachment proceedings.
Earlier the seven Democrats impeachment managers once against marched the two articles of impeachment to the Senate where they were formally received by the chamber. Democrat house intelligence committee chairman Adam Schiff then read the two articles aloud to the Senate.
It is the third presidential impeachment trial in the Senate after Bill Clinton in 1999 and Andrew Johnson in 1868.
The White House rebutted the GAO findings as ‘overreach’ saying that it believes it acted within the law at all times in withholding military aid to Ukraine.
“We disagree with GAO’s opinion,” OMB spokeswoman Rachel Semmel said. “OMB uses its apportionment authority to ensure taxpayer dollars are properly spent consistent with the President’s priorities and with the law.”
There are no criminal penalties associated with the violations alleged by the GAO.
The White House withheld military aid to Ukraine in July last year and restored it again in September at a time when it was seeking to pressure Ukraine to investigate Mr Biden and his son Hunter.
Democrats used the GAO report to bolster their argument for new witnesses and documents to be presented during the Senate trial.
“The OMB, the White House, the administration broke — I’m saying this — broke the law,” Speaker Nancy Pelosi said . “This reinforces, again, the need for documents and eyewitnesses in the Senate.”
Democrat minority leader Chuck Schumer said the precedent in previous impeachment trials was always to have witnesses.
He said each Senator in the trial would have to choose to act ‘in search of truth or in service of the president’s desire to cover it up.’
Republicans played down the GAO report’s importance, with Senator Rand Paul saying ‘the president has the right to move money around, and all the presidents have worked within this realm. But none of that really rises to anything even remotely close to something to impeach somebody over.’
As the trial got underway Donald Trump described it as a ‘great hoax’ and predicted it would proceed “very quickly.”
“This is a witch hunt hoax...it is not going anywhere,’ he said. “I’ve got to go through a phony hoax put out by the Democrats so they can try to win an election.’
Mr Trump lamented that his trade deal with China which he called “the biggest deal in the history of our country,’ was overshadowed in media coverage by the impeachment ‘hoax.”
The White House said the Democrats should be on trial because they were guilty of the crimes of which the president stands accused.
“Obstruction of Congress: The Speaker holding the articles for 4 wks before sending them to the Senate,” White House press secretary Stephanie Grisham tweeted. “Abuse of Power: The House refusing to give the President due process. Anyone notice the Democrats always accuse POTUS of actions they, themselves are guilty of doing?!”
The Senate will try Mr Trump on charges that he abused his power in seeking to pressure Ukraine to investigate a political rival and that he obstructed Congress by blocking witnesses and documents during the House impeachment inquiry.
The trial proper will begin next Wednesday (AEDT) and is expected to last at least several weeks.
Democrats push button on impeachment
Earlier, articles of impeachment against Mr Trump were marched from the House of Representatives to the Senate, clearing the way for America’s third presidential impeachment trial.
In a theatrical procession, Democrat impeachment managers carried the two signed articles of impeachment across the Capitol building from the House to the Senate, a process which allows a Senate trial to begin.
The move came amid fierce partisan fighting about the merits of impeachment and the fairness of the trial process.
“What is at stake here is the Constitution of the United States. This is what an impeachment is about,” Democrat house speaker Nancy Pelosi said shortly before the House voted to transmit the articles of impeachment to the Senate. “It’s not personal. It’s not political. It’s not partisan. It’s patriotic.”
The House vote to transmit of the articles of impeachment allowed a Senate trial of a president to begin for only the third time after Bill Clinton in 1999 and Andrew Johnson in 1868.
Ms Pelosi named a 7-person Congressional team of Democrat impeachment managers who will act as prosecutors in the trial.
They will be led by House Intelligence Committee chairman Adam Schiff and Judiciary Committee Chairman Jerry Nadler.
The rest of the Democrat team, most of whom are lawyers serving in safe seats, include Zoe Lofgren, Hakeem Jeffries, Jason Crow, Val Demings and Sylvia Garcia.
“The emphasis is on litigators. The emphasis is on comfort level in the courtroom,” Ms Pelosi said about her team. “The emphasis is on making the strongest case to protect our Constitution.”
White House press secretary Stephanie Grisham hit back, saying the whole process was a partisan political sham.
“The only thing Speaker Pelosi has achieved with this sham, illegitimate impeachment process, is to prove she is focused on politics instead of the American people,” Ms Grisham said. “The Speaker lied when she claimed this was urgent and vital to national security because when the articles passed, she held them for an entire month in an egregious effort to garner political support.
“President Trump has done nothing wrong. He looks forward to having the due process rights in the Senate that Speaker Pelosi and House Democrats denied to him, and expects to be fully exonerated.”
Ms Pelosi said that regardless of what the Senate decides, the president would always be impeached.
“When someone is impeached, they are always impeached. It cannot be erased” she said.
Mr Trump also mocked Democrat calls for a fair trial in the Senate.
“Cryin’ Charles E. Schumer just said, ‘The American people want a fair trial in the Senate,’ ” Mr Trump tweeted. “True, but why didn’t Nervous Nancy and Corrupt politician Adam ‘Shifty’ Schiff give us a fair trial in the House. It was the most lopsided & unfair basement hearing in the history of Congress!”
House Minority Leader Kevin McCarthy, said Ms Pelosi and the House should be ashamed of their conduct.
“This is not a moment this body should be proud of,’’ he said.
“This was always an exercise in raw partisan politics,” he said, describing it as “the fastest, thinnest and weakest impeachment in American history.”
The trial is expected to begin properly next week.
Democrats and Republicans remain at odds over whether new witnesses should be called in the trial.
Democrats want to call former national security adviser John Bolton and acting White House Chief of Staff Mick Mulvaney and they warn that any Republican attempt to block witnesses would be seen as a cover up.
Republican majority leader Mitch McConnell is opposed to witnesses, saying Democrats only want a ‘fishing’ trip to trawl for evidence against the president.
The Senate is expected to take a vote during the trial on whether witnesses should be called with Democrats needing four Republicans to vote with them on the issue in order to compel new witnesses to testify.
At least three moderate Republican Senators have indicated they are open to voting for new witnesses.
But Republicans have warned that if witnesses are allowed, they will also call their own including Hunter Biden, the son of Democrat presidential frontrunner Joe Biden.
Republicans want to question Hunter Biden about his role as a board member of Ukraine energy company Burisma.
The Senate will try Mr Trump on charges that he abused his power by pressuring Ukraine to investigate Hunter Biden and Joe Biden’s activities in Ukraine.
It will also try the president on a charge of obstructing Congress by blocking witnesses and documents during the house impeachment inquiry.
Democrats on Thursday (AEDT) pushed back against Republican threats to subpoena Hunter Biden during the trial.
“In any trial, you call witnesses who have information about the allegations, about the charges,” Mr Nadler said. “Anybody like Hunter Biden who has no information about any of that is not a relevant witness. Any trial judge in this country would rule such a witness as irrelevant and inadmissable.”
(Cameron Stewart is also US Contributor for Sky News Australia)
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