Day three of the second impeachment trial of former President Donald Trump has wrapped up. And a lot of people interested in these proceedings if only because, like a lot of things over the past 12 months...it's unprecedented.
Never before has a president been impeached twice.
Never before has a Senate considered convicting a president on impeachment charges after that president has left office.
However, it seems a lot of the senators, who are supposed to be the jurors in these proceedings, lost their interest a lot over the past couple of days.
Including the delegate from Idaho, Sen. Jim Risch.
No, he didn't fall asleep this time.
But a CNN reporter, noticing how many seats in the Senate chamber were empty Thursday, mentioned he saw Sen. Risch in the basement on his phone, while the trial was going on.
To be fair, there were several reports that as many as 15 seats of Republican senators were empty during the first few hours Thursday. And several others were occupied with other activities.
So we reached out to Sen. Risch to see if there was any truth to this report, whether he was absent while he was supposed to be administering "impartial justice."
His spokesperson told us she hadn't spoken to the senator about that specific report, but can confirm he's been in the Senate chamber for nearly all of the proceedings thus far. He may leave infrequently to use the restroom or take a time-sensitive phone call.
OK. And maybe it's a super-secret phone call.
At least it wasn't a 15-minute nap like last time, although it was pointed out, many were victim to the general malaise setting, according to Forbes magazine. Including Sens. Tommy Tuberville and Bernie Sanders who were spotted nodding off.
But that made us wonder about what the rules are when it comes to the jury just being able to walk out of the room.
This time, unlike the first impeachment trial of former President Trump, there's a pandemic going on.
A year ago, every member of the Senate was required to remain seated at his or her desk in the chamber.
This time, they are allowed to spread out for distancing purposes.
The public galleries above the Senate chamber, which have been closed to the public, would be open to them.
And they are allowed to go into the "marble room," which is just off the Senate floor, and a long-time retreat for senators where the trial is being shown on TV.
So as not to miss anything.
Above... in the galleries.
On the side... in the lounge.
But not below in the basement... where testimony couldn't be heard.
Which got us thinking, and a lot of you asking -- does it matter?
I mean, these senators, they aren't exactly acting like impartial jurors, right?
Aren't they supposed to respect the sanctity of the oath they take to "do impartial justice according to the Constitution and laws?"
Technically, yes, according to article one, section three...they are.
However, unlike criminal trials, there is no way to remove a senator for showing partiality.
Since impeachment is inherently a political process, legal and political experts assume senators will act with political bias.
There's also this element to consider.
In a courtroom, a jury is selected based on whether they have prejudged a case.
How can the senators in this impeachment trial, which alleges the president provoked an attack on the Capitol, how can one be an impartial juror when one was also a witness and a potential victim in this attack?
We have asked to speak with Sens. Risch and Crapo, but they have both respectfully declined.
Risch told us earlier this week he's unable to discuss the trial now that its underway and he's acting as a juror.
Acting like a juror at least most of the time.
And yes, we have also seen other senators speaking with the media while the trial was underway.
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