Senate and John Roberts face possibility of epic tie on witnesses – POLITICO

“It’s an extremely laden subject,” said Sen. Josh Hawley (R-Mo.), who clerked for Roberts. “If I needed to guess, I would think that he probably would not break a tie.”

” It would go down as a historical anomaly and ultimately he would be remembered as declining to break a tie. It’s the more secure course in the short-term to avoid stepping in,” Sen. Richard Blumenthal (D-Conn.) anticipated. Breaking a tie “would be a pretty daring and brave thing to do. And I believe history would evaluate him well. In the brief term there would be a lot of blowback.”

“I stated I’m not going to comment on the witnesses today,” Murkowski said after a personal meeting with McConnell on Wednesday early morning.

Those 2 statements shrank the swimming pool of unsure Republicans down to Sen. Lamar Alexander (R-Tenn.), Rob Portman (R-Ohio) and a couple others. Alexander is the just other senator that combated to have a vote on whether to think about more witnesses and the next probably senator after Murkowski to join Romney and Collins

“I’m not exactly sure that we’re trending towards a tie vote,” added Sen. Thom Tillis (R-N.C.). “But I think Justice Roberts is respecting the fact that this is a matter that requires to be chosen by the Senate.”

And there’s some bipartisan assistance for Roberts remaining out of it.

History likewise offers a muddled guide to the roadway ahead. Throughout President Bill Clinton’s impeachment trial, Chief Justice William Rehnquist largely left matters to the Senate and did not break any ties. But throughout the impeachment trial of President Andrew Johnson, Chief Justice Salmon Chase did break ties, to fantastic controversy.

“I can’t think of [Roberts] would vote,” stated Sen. Roy Blunt (R-Mo.), chairman of the Rules Committee and a member of GOP leadership. “If there is an actual tie, a 50-50 tie, the motion does not carry.”

Democrats might look for another judgment by the complete Senate on the matter, but they’re unlikely to defeat McConnell on such a procedural vote.

“That is an excellent unidentified. There’s no other way to understand procedurally what he would do. Or if he’ll do” anything, said Sen. James Lankford (R-Okla.).

A tied vote is possible to think of. Sens. Mitt Romney of Utah and Susan Collins of Maine are the firmest Republicans in favor of electing witnesses. Sen. Lisa Murkowski (R-Alaska) has actually revealed some interest in hearing from former nationwide security adviser John Bolton but has actually been less committal. If those three signed up with all 47 Democrats, the vote would be tied, and would stop working under the rules, unless Roberts weighs in.

. If Alexander votes against witnesses, but Murkowski joins Romney and Collins, a tie vote ends up being a genuine possibility– something Republicans wish to avoid, even as they say the chief justice is not likely to wade in on such an explosive problem.

The concern of Roberts’ role was nearly brought up during Wednesday’s question-and-answer period, when Roberts was asked by Sen. Tom Carper (D-Del.) if the chief justice “has the authority to fix any claims of opportunity or other witness concerns without hold-up.” Rep. Hakeem Jeffries (D-N.Y.) responded: “The answer is yes.” Aside from asking Carper’s question, Roberts did not have anything to add. He’s been primarily quiet during the trial, conserve for when advising the impeachment managers and Trump defense team after a heated debate last week.

A tied vote is not difficult to think of. Sens. Mitt Romney of Utah and Susan Collins of Maine are the firmest Republicans in favor of voting for witnesses. The Kentucky Republican cautioned the GOP Conference that he did not have the votes to beat the witness motion, according to people briefed on the meeting. Chase voted two times during the Johnson impeachment trial when the Senate deadlocked on the issue of whether to retire to discuss questions that had actually developed throughout the proceedings.”I’m not sure that we’re trending towards a tie vote,” added Sen. Thom Tillis (R-N.C.).

Two GOP senators basically came out versus brand-new witnesses on Wednesday, with Sen. Cory Gardner (R-Colo.) saying he does “not think we require to speak with an 18th witness” and Sen. Pat Toomey (R-Pa.) saying it’s “incredibly unlikely that any witness is going to shed any light that’s going to change my mind about a final decision.”

Republicans and Democrats alike seem to believe the Johnson

precedent is telling. Chase voted two times throughout the Johnson impeachment trial when the Senate deadlocked on the issue of whether to retire to discuss questions that had actually emerged throughout the proceedings. When Sens. Charles Sumner (R-Mass.) and Charles Drake (R-Mo.) raised objections to Chase’s actions, the Senate sustained the chief justice’s ability to vote. Chase declined to break a 3rd tie.

McConnell has actually become progressively taken part in winning the vote as he and other GOP leaders push the concern.

It’s a hypothetical that Democratic leaders have actually independently thought about for months, as quickly as it became clear your home was going to send impeachment short articles over to the Senate, according to Democratic assistants. They have actually sought assistance from the Senate parliamentarian’s office on the issue, although up until now, that hasn’t been forthcoming as the it hasn’t officially arisen throughout the Trump trial.

Yet the smart cash is still on Roberts avoiding of it, or GOP leaders muscling through a 51-49 vote that avoids positioning duty for the course of the trial on Roberts. Due to the fact that if the vote is connected, no matter what the primary justice does, it will be hotly disputed for many years to come.

Marianne LeVine and Kyle Cheney contributed to this report.

“I don’t want Roberts voting. That to me is pretty clear that the Constitution specifically gives the power to the vice president to break ties, it’s quiet on that matter in an impeachment trial. Which leads me to the viewpoint that he’s not expected to vote,” said Sen. Chris Murphy (D-Conn.).

But ahead of Friday’s extensively anticipated face-off over whether to call brand-new witnesses and with GOP leaders transferring to lock down on-the-fence Republicans, the Senate is newly abuzz over the uncertainty of what occurs if the chamber deadlocks and what Roberts may do in the occasion of a stalemate.

After Republican leaders spent days making arguments that new witnesses would bind the Senate for weeks, turn the chamber into a circus and lead to endless litigation, McConnell started whipping his caucus in earnest on Tuesday afternoon at a private party meeting.

Some Democrats are beginning to opine that Roberts could conserve the Senate from itself and force factor to consider of witnesses if there’s a tie. As Sen. Jon Tester (D-Mont.) put it: “If he desires a reasonable, neutral trial and get the evidence out, I think there’s a reasonable shot he would elect witnesses.”

The Kentucky Republican alerted the GOP Conference that he did not have the votes to defeat the witness movement, according to individuals briefed on the conference. Republicans then conducted a series of presentations on why the Senate should shut the trial down on Friday. If a vote on witnesses fails, the Senate might move to acquit the president later that evening.

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