What consequences, if any, should there be when McConnell, Graham, and the others who have already claimed they *won't* be impartial jurors are sworn in?
"The key to the system working as it should is the understanding that the Senate as a court of impeachment
is a different institution than the Senate as usual. When the Senate moves to become an impeachment court, senators take a new oath. At that moment the institution transforms itself.
That’s why, according to Article I, section 3, clause 6 of the Constitution, senators, when sitting on a trial of impeachment, “shall be on Oath or Affirmation.” Of course, when elected to the Senate, all senators swear an oath to uphold the Constitution. But the senators, when sitting as a court, are asked to take an additional oath. It is a juror’s and judge’s oath—not a legislator’s oath.
Rule XXV of the Senate Rules in Impeachment Trials provides the text: “I solemnly swear (or affirm) that in all things appertaining to the trial of ____, now pending, I will do impartial justice according to the Constitution and laws, so help me God.”
How Will Republican Senators Honor Their Impeachment Oaths?