Here’s what to expect from impeachment trial

It begins, the first Senate trial of an impeached president in 21 years, and only the third in our nation’s history.

As a former secretary of the U.S. Senate – the Senate’s chief legislative, financial and administrative officer – it’s painful to hear pundits misinform people. I’m happy to set the record straight.

First, the Senate’s role is not synonymous with that of a jury; significant differences exist. Juries do not compel the attendance of witnesses, but the Senate can. The Chief Justice of the Supreme Court will preside over the trial and may issue rulings on such matters as the admissibility of evidence. But a majority of the Senate can overrule the Chief Justice, not vice versa.

Second, Senate procedures and guidelines for impeachment trials are spelled out in a 1986 resolution, and is deeply rooted in what is called “precedent.” The insistence of Senate’s Majority Leader Sen. Mitch McConnell, R-Ky., on following the outline of President Bill Clinton’s impeachment trial helped keep his caucus unified. Precedent matters a lot in the Senate, until senators (or, in some cases, 2/3rds of them) decide to change them.

The Senate’s rules leave the matter of “calling witnesses” to the “prosecution” and the “defense.” The Senate compels the attendance of witnesses. The issue of witnesses will be resolved later. Also, there’s plenty of flexibility to have some witnesses deposed versus having them serve as a “live witness” on the Senate floor. There were no live witnesses during the Clinton trial.

According to U.S. Sen. James Lankford. R-Okla., the House managers (the prosecution) will have 24 hours to make their case. The president’s lawyers or representatives will also have 24 hours in defense. Senators then have 16 hours to submit questions, in writing, to the Chief Justice. After that, the Senate leaders will work out the matter of whether witnesses will be called, how they will testify, and how many.

Once closing arguments conclude, the Senate will deliberate behind closed doors. Senate may try to open the proceedings, but that would likely require a rules change, requiring a 2/3rds vote.

There appears to be no appetite among senators from either party for a lengthy trial. And yes, it will take 67 votes, or 2/3rds of those present and voting, to remove the president.

Another wrinkle – there is a second constitutional form of punishment, and that is precluding the removed official from ever seeking public office again. One unique aspect of the Trump impeachment is that he is also a candidate for election, unlike Andrew Johnson in 1868 or Bill Clinton in 1999. If senators vote to remove Trump from office, it would only take a simple majority to deny him the ability to seek the presidency.

Most observers expect the Senate to exonerate the president. But surprises are always possible.

“First, the Senate’s role is not synonymous with that of a jury; significant differences exist. Juries do not compel the attendance of witnesses, but the Senate can. The Chief Justice of the Supreme Court will preside over the trial and may issue rulings on such matters as the admissibility of evidence. But a majority of the Senate can overrule the Chief Justice, not vice versa.” — Kelly Johnston