Here's what we know (and don’t know) about Trump’s potential impeachment trial in the Senate
McConnell has explained impeachment trial rules to his Caucus, but rules can always be changed. Photo: Win McManee/Getty Images Though the primary focus of attention in the impeachment saga is how the House proceeds toward formal articles of impeachment, the Senate’s role if Trump is in fact impeached is important and controversial as well. Just ask Bill Clinton — or the ghost of Andrew Johnson — since both of these impeached presidents were acquitted by the Senate.
“Under the impeachment rules of the Senate, we’ll take the matter up. The chief justice will be in the chair … We intend to do our constitutional responsibility,” he said.McConnell had previously indicated that he would have “no choice” but to take up impeachment if the House passes articles, though he has also [run] a Facebook ad over the recent two-week recess positioning himself and the GOP-controlled Senate as a roadblock to Trump being removed from office.
What Governs the Conduct of the Senate Trial? Regardless of how it begins or ends, the trial itself is governed by standing Senate rules, last modified in 1986. They are largely based on precedents set in the Andrew Johnson trial. The basic idea is that articles of impeachment are presented to the Senate by House impeachment managers, and are then disputed by counsel for the president, with senators observing but not becoming directly involved .
It’s also worth keeping in mind that Senate’s standing rules are subject to amendment, which would normally require a supermajority. But as Bob Bauer observed at Lawfare blog, there are ways around that problem for a devious operator like McConnell:
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