The Senate Impeachment Trial: 8 Things You Need to Know – IOTW Report

The Senate Impeachment Trial: 8 Things You Need to Know

Daily Signal: The House of Representatives has chosen members to participate in the Senate impeachment trial of President Donald Trump, and they have presented the articles of impeachment to the Senate.

This is only the third impeachment trial of a president in our nation’s history, with the others occurring in 1868 for Andrew Johnson and 1999 for Bill Clinton.

Here are eight things you need to know as the Senate prepares to begin Trump’s impeachment trial.

1. When Will the Trial Begin, and How Long Will It Last?

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 Johnson’s lasted 11 weeks. The Senate’s 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.”

2. What Happens at the Trial?

An impeachment trial is not like a run-of-the-mill trial, but it does have some similarities. House managers will act as the prosecution, presenting the case for 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 president’s defense, including White House counsel Pat Cipollone; Trump’s personal attorney, Jay Sekulow; and former independent counsel Ken Starr, whose investigation into the Whitewater controversy led to Clinton’s 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 Clinton’s impeachment trial, then-Chief Justice William Rehnquist said, “I took a leaf out of [Gilbert and Sullivan’s 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 that point, if the Senate follows the general pattern of the Clinton trial, the Senate will vote on a motion to dismiss the impeachment and, if that motion fails, on whether additional witnesses or evidence should be considered.

During Johnson’s impeachment trial, the prosecution and defense called a total of 41 witnesses. 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.

3. Does the President Have to Appear Before the Senate?

No. While the Senate does issue a summons to the individual being tried, its impeachment trial rules allow for an appearance by the defendant or by his attorney.

The Senate tried, unsuccessfully, to force Johnson to appear for his impeachment trial. The New York Times published an account of how Chief Justice Salmon Chase asked the Senate sergeant-at-arms to summon the president.

“In a loud voice, and amid the stillness of the whole chamber, he called three times, ‘Andrew Johnson, Andrew Johnson, Andrew Johnson!’” but instead the president’s legal team, including Attorney General Henry Stanbery (who resigned 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 didn’t happen. Odds are, Trump won’t be present at the Senate trial. read more

6 Comments on The Senate Impeachment Trial: 8 Things You Need to Know

  1. Fun Fact…

    …this is only the third impeachment trial in the history of our Nation, but the last TWO of the three were for the crime of humiliating Hillary Clinton.

    Had Nixon gone to trial, Hillary was ALSO involved in THAT one, TOO, but had already humiliated HERSELF by lying so openly that even fellow Democrats (at the time) couldn’t stomach it…

    https://i.imgur.com/8ZQQbl7.jpg

    And I wouldn’t bet on her NOT being involved with the Johnson impeachment, either, but witches do have to change their names every century or so, which makes it hard to be SURE…

    4
  2. the senate should put the trial on live TV, live stream it, put it out on youtube, etc., etc.

    We The People have a right to know how this will play out
    without the state run media spin

    3
  3. “Senate President Pro Tempore Charles Grassley, R-Iowa, administered the oath Thursday to Chief Justice John Roberts, who will preside over the trial.”
    …and who lied when taking his Oath, as the Obamacare travesty has ALREADY demonstrated that some Democrat, somewhere, has naked pictures of him with a dead girl or a live boy, so no truth THERE…

    “Roberts, in turn, administered the oath to all senators.”
    …and all the Democrats and all the RINOS lied, too, as they have all either prejudged him guilty out of hatred, been themselves threatened, extorted, or bribed as necessary so THEY all lied on their oath, too, and you can see they are not paying the slightest attention to anything but attacking the President…

    “House managers will act as the prosecution, presenting the case for impeachment to the senators, whose role is a combination of judge and jury.”
    …yes, judge and jury. NOT investigators. FAIL.

    …we could go on, but the whole THING is a farce. If there weren’t ‘senators’ who are afraid their OWN corruption will be exposed or simply hate the President, the “articles” would be justly and ceremoniously shredded, pulped, and flung into Adam Schiff’s face, and him handed a warrant for his OWN impeachment as he’s being flung out as a traitor SHOULD be.

    …but Dems gotta Dem, and the media Dems right there with them, so what SHOULD happen, WON’T happen…

    …be prepared to fullfill YOUR duties under the Second Amendment in defense of this President and this Nation.

    …they aren’t done cheating yet…

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  4. This should go well…

    Adam Schiff to the Senate:

    – We found overwhelming evidence of impeachable crimes by the President in our House proceedings.

    Also Adam Schiff to the Senate in same speech:

    – We need to be able to present more evidence to prove our case against the President.

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