Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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Subdiaz-Osorio v. Humphreys

Docket: 18-1061

Opinion Date: January 9, 2020

Judge: St. Eve

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Subdiaz‐Osorio stabbed his brother to death during a drunken fight in Wisconsin. He attempted to flee but was stopped in Arkansas while driving to Mexico. At Subdiaz‐Osorio’s request, the interview in Arkansas was conducted in Spanish. Neither Subdiaz‐Osorio nor Officer Torres had any trouble understanding each other. Subdiaz‐Osorio signed a waiver of his Miranda rights, indicating that he understood his rights. During the interview, after discussing the extradition process, Subdiaz‐Osorio asked in Spanish, “How can I do to get an attorney here because I don’t have enough to afford for one?” The officer responded: If you need an attorney‐‐by the time you’re going to appear in the court, the state of Arkansas will get an attorney for you. The interview continued for an hour with Subdiaz-Osorio’s full cooperation. Denying a motion to suppress, the court concluded that Subdiaz‐Osorio’s question about an attorney was not a request to have an attorney with him during the interview; he was asking about how he could obtain an attorney for the extradition hearing. The Wisconsin Supreme Court affirmed, that Subdiaz‐Osorio did not unequivocally invoke his Fifth Amendment right to counsel. The Seventh Circuit affirmed the district court’s denial of Subdiaz‐Osorio’s petition for a writ of habeas corpus, 28 U.S.C. 2254(d). The state court finding was not contrary to or based on an unreasonable application of established Supreme Court precedent.

United States v. Vasquez-Abarca

Docket: 18-3716

Opinion Date: January 9, 2020

Judge: HAMILTON

Areas of Law: Immigration Law

Vasquez-Abarca’s parents brought him to the U.S. in 1986. In 1995, at age 14, he was arrested for having sex with a 12-year-old but told authorities that he was either 16-17 years old and was convicted of a felony sex offense. He was deported in 1997. Vasquez-Abarca reentered illegally and was arrested for disorderly conduct. In 2001, he was convicted of failing to register as a sex offender and charged with illegal reentry, 8 U.S.C. 1326(a). He was sentenced to 57 months in prison. He was deported in 2005. Vasquez-Abarca reentered in 2006. In the following years, he committed multiple driving-related offenses, resulting in two felony convictions in Georgia; after his release, he was sentenced in Illinois to an additional 24 months for violating the terms of his supervised release on the illegal reentry conviction. He was deported in 2015. Vasquez-Abarca illegally re-entered again in 2016. He was arrested on an outstanding warrant for using a fake driver’s license and was convicted of a felony. Vasquez-Abarca also pleaded guilty to illegally reentering. The guidelines range was 30-37 months. The defense argued that Vasquez-Abarca’s driving violations stemmed from his lack of legal residency status. The court imposed a sentence of 72 months; 8 U.S.C. 1326(b)(2) authorized a sentence of up to 20 years. The Seventh Circuit affirmed. The sentence was a reasonable exercise of the judge’s discretion under 18 U.S.C. 3553(a). The judge gave a sufficient explanation for the decision, based primarily on Vasquez-Abarca’s criminal history and that a previous 57-month sentence for the same crime had not deterred him.