When House Speaker Nancy Pelosi was asked late Wednesday night what she would consider a fair trial in the Senate, she defined it in the negative.
"This is what I don't consider a fair trial," she said, referencing a piece of paper in her hand, "that Leader [Mitch] McConnell has stated that he's not an impartial juror, that he's going to take his 'cues' from the White House, and he is working in total coordination with the White House counsel's office."
The House of Representatives had just completed its historic vote to impeach Donald Trump—only the third American president in history to achieve that distinction—and Pelosi was putting McConnell on notice that he couldn't blithely get away with staging a bogus trial in the Senate. In fact, Pelosi had just informed reporters at the press conference that she wasn't prepared to transmit the articles of impeachment to the GOP-led Senate until she had a better sense of the trial they would present to the American people.
Frankly, it was genius. Any voter who had missed McConnell's pledge of fealty to the White House during his Fox News appearance last week was brought up to speed by Pelosi on a night when all eyes were on her and her Democratic caucus. With one brief answer, Pelosi had wielded McConnell's own words to put his conduct on trial in the court of public opinion. And guess what: The court of public opinion was already weighted against him. According to ABC/Washington Post polling out this week, 71% of Americans want Trump's top aides to testify in the Senate trial, including 2 in 3 Republicans. Additionally, more than 60% of voters of every political persuasion expect to see a "fair trial" in Senate, including 64% of independents. McConnell has already made a public promise to deny Americans both witnesses and impartiality, and Pelosi was making sure they knew it.
In doing so, Pelosi has given Democrats leverage in a setting where they had little: the Senate trial. Senate Democrats want a lengthier trial with witnesses precisely because the facts are on their side, and the more the American people are privy to them, the better. Republicans want an abbreviated trial with zero witnesses for the very same reason: Trump is guilty. No point in reminding people. By depriving McConnell of a precise time for transmitting the articles, Pelosi has strengthened the hand of Senate Minority Leader Chuck Schumer as he tries to negotiate fairer terms for the trial in the upper chamber. McConnell is now caught between Trump, who is desperate for Senate acquittal, and his vulnerable GOP senators, who at the very least need the appearance of a fair trial to paper over the reality that they’re simply a rubber stamp for Trump.