Open the Doors of the Senate

More than a month ago, we began an effort to turn out the lights on 19th century rules and to let the sun shine in on the U.S. Senate. Under the Civil War era rules and procedures that still stand, all Senate deliberations during impeachment trials are conducted in closed session. Incredibly, the American people have no right to view the official debate of their elected representatives during this historic impeachment trial.

These secrecy rules, adopted from the 26 rules that governed the Andrew Johnson trial in 1868, are an anachronism in a Senate that otherwise has become more open through the course of history. During the first three Congresses, all Senate proceedings were closed to the public. Up until 1929, all Senate debate on treaties and nominations was done in secret. And even up to 1972, many committee meetings still were held in secret. But today, the Senate has become an open institution. Almost all of the exclusive traditions and habits that kept the institution’s debates closed have been discarded in the name of greater openness, disclosure and accountability.

Twice we have offered motions to open this impeachment trial. But there has been resistance. While substantial numbers of senators supported opening the debates on the motion to dismiss and the motion to call witnesses, those efforts failed to garner the two-thirds votes necessary to open those debates.

This was not due to any lack of public support. The American people overwhelmingly support a more open process. Senate offices have been flooded with opinions and pleas from constituents in favor of an open debate. Editorial support from newspapers around the country has been virtually unanimous. The TV networks have sent letters, and CNN has even filed a legal brief with the Senate.

Some have argued that senators would grandstand in an open session. There is an opposite view that senators would rise to the occasion. At another moment of great decision in American history--the decision to enter the Gulf War--the Senate debate stood out as one of the finest moments in the institution’s recent memory. There is no reason to suspect that deliberations on the grave decision whether to remove the president from office would not also be remembered as debates of which the Senate and the nation could be proud. However, we surely invite the distrust of the American people by deciding the final question of this trial in secret.

It can be said with certainty that the trial’s debates that regrettably occurred behind closed doors would have shown the Senate in a positive light. Everything that was said in those secret sessions could have been easily discussed in public. The deliberations have been substantive, honest and well-argued. They would have shown the Senate to be, in fact, the greatest deliberative body in the world and would have reaffirmed the principles of our representative democracy.

Just as important, though, is the potential of an open Senate debate to help begin the healing process. This episode has deeply wounded our national fabric. It has polarized the American people and culture. An open debate will help all Americans revive their faith in their elected institutions and provide a framework and rationale for a final decision that all Americans can respect and understand.

This strong case for openness is starting to change minds in the Senate. We will offer another motion to open the final deliberations. Americans need to know why we’re voting the way we’re voting. The public deserves to see the rationale behind the decisions that we’re making in this trial. Let’s open the closed doors of the Senate at this profound moment in American history.