Witness Deadlock in Senate Could Put Roberts in Tiebreaker Spot
Witness Deadlock in Senate Could Put Roberts in Tiebreaker Spot
(Bloomberg) -- The biggest uncertainty in President Donald Trump’s impeachment trial -- a decision on calling witnesses -- could end in a tie vote that would immediately bring into focus the role of U.S. Chief Justice John Roberts.
Republicans are increasingly confident they have the votes to shut out Democrats’ attempts to call witnesses such as National Security Advisor John Bolton and White House acting Chief of Staff Mick Mulvaney, but at least three GOP senators still may back that effort, which would leave the vote at 50-50.
“We shouldn’t have to rely on what the chief justice will or will not do,” Senate Minority Leader Chuck Schumer said Thursday. “We think the truth can prevail and we can get the four votes.”
Roberts has largely shied away from action that could sway the outcome of the impeachment, and casting the tiebreaking vote on witnesses would be one of the most consequential moments of the trial. There is historical precedent for a trial’s presiding officer to rule on a draw: in 1868, Chief Justice Salmon Chase twice cast votes to resolve procedural deadlocks in the impeachment trial of President Andrew Johnson.
The Senate twice voted down efforts to strip Chase of that power.
Senators are anticipating a witness vote on Friday after completing the question-and-answer portion of the trial on Thursday. The vote on whether to allow witnesses is the key unknown that could extend the proceedings for weeks or allow the trial to wrap up on Friday with Trump’s likely acquittal.
Simple Majority
Both Schumer and Senate Majority Leader Mitch McConnell have expressed doubt that Roberts would rule on a tie. McConnell said he anticipates the Chief Justice won’t “actually make any rulings” and Schumer has said a subpoena for witnesses would need 51 votes.
The Senate’s impeachment rules, adopted in 1986, leave open the possibility that Roberts could decide in the case of a draw. Usually the vice president casts the tiebreaking vote in Senate draws on legislation or confirmations.
If Roberts does weigh in, the impeachment rules allow the Senate to overrule him with a simple majority vote.
That could create a situation in which a senator votes to call witnesses, but then votes against Roberts’ tiebreaking decision, effectively moving the trial to a speedier resolution. It would take 67 votes to actually remove Trump from office.
‘Uncharted Territory’
“There is a question of how much sway the presiding officer would have over that dynamic,” Senator Mike Braun, an Indiana Republican, said on Fox News Thursday. “We’re getting into some territory that is probably uncharted here.”
Senators Mitt Romney of Utah and Susan Collins of Maine have indicated they are likely to vote for witnesses. Senators Lisa Murkowski of Alaska and Lamar Alexander of Tennessee say they are still undecided about how they will vote.
Other Republican Senators who began the week saying they were considering the possibility of witnesses, such as Pennsylvania’s Pat Toomey, have said in recent days they’re unlikely to vote for more evidence.
Roberts is likely to consult Senate parliamentarian, Elizabeth MacDonough, on any decision regarding his authority in the trial.
An amendment to Senate rules adopted during the Johnson trial that remains in effect says that the Senate tried and failed to take away the presiding officer’s ability to break ties.
The Senate rules also say Roberts can decline to decide an issue himself, and instead put it to a vote by the senators.
“No, the chief justice does not get to decide,” Senator Mike Rounds, a South Dakota Republican, said. If an issue gets only 50 votes, he said, “it loses.”
To contact the reporters on this story: Laura Davison in Washington at ldavison4@bloomberg.net;Billy House in Washington at bhouse5@bloomberg.net;Laura Litvan in Washington at llitvan@bloomberg.net
To contact the editors responsible for this story: Joe Sobczyk at jsobczyk@bloomberg.net, Steve Geimann
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