The Senate Impeachment Trial: 8 Things You Need to Know – Daily Signal
The House of Representatives has chosen members toparticipate in the Senate impeachment trial of President Donald Trump, and theyhave presented the articles of impeachment to the Senate.
This is only the third impeachment trial of a presidentin our nations history, with the others occurring in 1868 for Andrew Johnsonand 1999 for Bill Clinton.
Here are eight things you need to know as the Senate prepares to begin Trumps impeachment trial.
Senate President Pro Tempore Charles Grassley, R-Iowa, administered the oath Thursday to Chief Justice John Roberts, who will preside over the trial.
Roberts, in turn, administered the oath to all senators. Senate Majority Leader Mitch McConnell, R-Ky., announced that the trial itself will begin at 1 p.m. Tuesday.
The Clinton impeachment took five weeks, and Johnsons lasted 11 weeks. The Senates impeachment trial rules, adopted in 1986, mandate that the trial should begin at noon and last until the Senate decides to adjourn, Monday through Saturday, until final judgment shall be rendered.
Animpeachment trial is not like a run-of-the-mill trial, but it does have somesimilarities. House managers will act as the prosecution, presenting the casefor impeachment to the senators, whose role is a combination of judge and jury.
House Speaker Nancy Pelosi, D-Calif., announced the seven members of the House who will serve as the managers, including Intelligence Chairman Adam Schiff, D-Calif., and Judiciary Chairman Jerry Nadler, D-N.Y.
A team of lawyers will put on the presidents defense, including White House counsel Pat Cipollone; Trumps personal attorney, Jay Sekulow; and former independent counsel Ken Starr, whose investigation into the Whitewater controversy led to Clintons impeachment.
Roberts will preside over the trial, consistent with Article 3, Section 6 of the Constitution, although it is mostly a ceremonial role.
After presiding over Clintons impeachment trial, then-Chief Justice William Rehnquist said, I took a leaf out of [Gilbert and Sullivans comic opera] Iolanthe I did nothing in particular, and did it very well.
When the trial begins, the Senate will adopt a resolution establishing the specific timetable, including the time allotted for each side to present its case, senators to ask questions, and the Senate to consider motions.
At thatpoint, if the Senate follows the general pattern of the Clinton trial, theSenate will vote on a motion to dismiss the impeachment and, if that motionfails, on whether additional witnesses or evidence should be considered.
DuringJohnsons impeachment trial, the prosecution and defense called a total of 41witnesses. During the Clinton trial, three witnesses provided videotaped testimony.
McConnell and several other Senate Republicans have indicated they think the Senate should rely on transcripts of the testimony of witnesses who appeared before the House, while Minority Leader Chuck Schumer, D-N.Y., and several other Democrats have demanded that witnesses be called to testify.
No. Whilethe Senate does issue a summons to the individual being tried, its impeachmenttrial rules allow for an appearance by the defendant or by his attorney.
TheSenate tried, unsuccessfully, to force Johnson to appear for his impeachmenttrial. The New York Times publishedan account of how Chief Justice Salmon Chase asked the Senate sergeant-at-armsto summon the president.
In aloud voice, and amid the stillness of the whole chamber, he called three times,Andrew Johnson, Andrew Johnson, Andrew Johnson! but instead the presidentslegal team, including Attorney General Henry Stanbery (whoresigned the day before) and former Supreme Court Justice Benjamin Curtis,arrived.
Clinton likewise did not appear before the Senate during his trial.
Trump previously indicated he would strongly consider testifying or providing a written statement to the House during its impeachment inquiry, but that didnt happen. Odds are, Trump wont be present at the Senate trial.
Senators are not required to employ a specific standard of proof. During the 1986 impeachment trial of U.S. District Judge Harry E. Claiborne, he made a motion to designate beyond a reasonable doubtthe standard in criminal trialsas the standard for his trial.
Afterthe presiding officer ruled that the question of standard of evidence is foreach senator to decide individually, the Senate voted 75 to 17 againstestablishing a mandatory standard.
Similarly, the rules of evidence used in criminal trials do not apply in an impeachment trial. The Senates impeachment trial rules state that the Senates presiding officer has the authority to rule on questions of evidence.
Any senator, however, may ask that the full Senate vote on such matters. That reflects the Constitutions assignment to the Senate of the sole Power to try all Impeachments.
Senatorshave taken an oath to do impartial justice, according to the Constitution andlaws in all things pertaining to the impeachment trial.
Sen.Dick Durbin, D-Ill., the minority whip, arguedthat some senators have already failed to meet the independent and dignifiedstandard the Constitution envisioned.
Therehave alreadybeen calls for the House managers to move to disqualify senators whoseimpartiality is in question. There is no basis in the Constitution, Senaterules, or history for such an attempt.
The only qualification for participating in a Senate impeachment trial is to be a senator.
Whilethe trial itself will be open to the public, the Senates deliberations afterits conclusion will not be.
The Senate will then come back into public session to vote on each article of impeachment. Senate impeachment trial rules say that the Senate must vote on each article in its entirety, and the Constitution requires the vote of two-thirds of the [senators] present for conviction.
Removalfrom office is automatic upon conviction, and the Senate may vote separatelywhether to disqualify the defendant from serving in any other federal office.
The Constitution explicitly provides, however, that these consequences by the Senate do not, if the defendants conduct is also criminal, prevent Indictment, Trial, Judgment and Punishment, according to Law.
In theory, he likely could be retried in the future.Although neither the Constitution nor Senate rules address this issue, and no precedent exists for it, a few legal scholars, such as former Obama administration official Neal Katyal, have pointed out that the Fifth Amendment Double Jeopardy Clause does not apply to impeachment proceedings.
A retrial on the same charges, however, would seem highly unlikely, and such a retrial would certainly run counter to the general principle of double jeopardy that someone cannot be tried twice for the same offense.
What is more plausible and likely is that the House would introduce new articles of impeachment, which it could do.
Senate committees may hold hearings in the morning ofeach trial day, but doing any business such as sending bills, nominations, orother matters to the full Senate would require the consent of all senators.
The Senate impeachment rules provide that the chambermust suspend its legislative and executive business while the trial is underway.
The trial should not affect the Supreme Courts oral argument schedule. The court has arguments scheduled Tuesday and Wednesday, but those will conclude by 11 a.m.
Thecourt wont meet again for arguments until Feb. 24. Aside from taking up someof Roberts time in the afternoon, the trial is unlikely to otherwise affect thecourt.
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The Senate Impeachment Trial: 8 Things You Need to Know - Daily Signal
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