GOP Sen. Mitt Romney Will Vote To Remove Trump From Office In Impeachment Trial

The Constitution is at the foundation of our Republic’s success, and we each strive not to lose sight of our promise to defend it. The Constitution established the vehicle of impeachment that has occupied both houses of Congress for these many days. We have labored to faithfully execute our responsibilities to it. We have arrived at different judgments, but I hope we respect each other’s good faith.

The allegations made in the articles of impeachment are very serious. As a Senator-juror, I swore an oath, before God, to exercise “impartial justice.” I am a profoundly religious person. I take an oath before God as enormously consequential. I knew from the outset that being tasked with judging the President, the leader of my own party, would be the most difficult decision I have ever faced. I was not wrong.

The House Managers presented evidence supporting their case; the White House counsel disputed that case. In addition, the President’s team presented three defenses: first, that there can be no impeachment without a statutory crime; second, that the Bidens’ conduct justified the President’s actions; and third that the judgement of the President’s actions should be left to the voters. Let me first address each of those defenses.

The historic meaning of the words “high crimes and misdemeanors,” the writings of the Founders and my own reasoned judgement convince me that a president can indeed commit acts against the public trust that are so egregious that while they are not statutory crimes, they would demand removal from office. To maintain that the lack of a codified and comprehensive list of all the outrageous acts that a president might conceivably commit renders Congress powerless to remove a president defies reason.

The President’s counsel noted that Vice President Biden appeared to have a conflict of interest when he undertook an effort to remove the Ukrainian Prosecutor General. If he knew of the exorbitant compensation his son was receiving from a company actually under investigation, the Vice President should have recused himself. While ignoring a conflict of interest is not a crime, it is surely very wrong.

With regards to Hunter Biden, taking excessive advantage of his father’s name is unsavory but also not a crime. Given that in neither the case of the father nor the son was any evidence presented by the President’s counsel that a crime had been committed, the President’s insistence that they be investigated by the Ukrainians is hard to explain other than as a political pursuit. There is no question in my mind that were their names not Biden, the President would never have done what he did.

The defense argues that the Senate should leave the impeachment decision to the voters. While that logic is appealing to our democratic instincts, it is inconsistent with the Constitution’s requirement that the Senate, not the voters, try the president. Hamilton explained that the Founders’ decision to invest senators with this obligation rather than leave it to voters was intended to minimize—to the extent possible—the partisan sentiments of the public.