The Chief Justice runs the trial. But the Senate still decides on the rules of the trial. The Democrats are a minority party in the Senate and will be pretty much powerless to stop Republicans from pulling shenanigans. |
Constitution says the CJ “presides over” the trial. Does anyone know what that meant in practice last time? |
Given the House will have had a public show of hearings and articles of impeachment proceedings, the American public will be well versed in the facts of the case. If the GOP wants to pull shenanigans at that point, it will be exposed for all the world, and 2020 voters, to see. |
Basically that the Chief Justice applies the Senate rules for impeachment the way a regular court judge would apply procedural rules in a courtroom. He can be overruled by a majority of the Senate, but McConnell has hinted he doesn't plan on allowing that. |
Here's the Senate rules on impeachment:
https://www.law.cornell.edu/background/impeach/senaterules.pdf Plenty of opportunities for McConnell to run this however he likes. They could also amend the rules prior to the beginning of the trial. The CJ just applies the rules. |
And here's an informative plain English description of how impeachment and the trial unfolds by the Congressional Research Service:
https://www.senate.gov/reference/resources/pdf/98-806.pdf |
President Trump has ordered a key impeachment witness, Charles Kupperman, not to testify. Now Kupperman is asking a court whether he has to honor a House subpoena, a case that could slow -- and even upend --the impeachment proceedings. https://www.politico.com/amp/news/2019/10/25/charles-kupperman-bolton-impeachment-058254?__twitter_impression=true |
Whoops hit submit too soon. Also this gem — “Kupperman is wondering if the House's impeachment inquiry is valid -- but his request comes just as another judge in the same federal district has ruled resoundingly that it is.” — referring to Beryl Howell’s opinion on the decision in favor of the House today re the Mueller grand jury materials. Hee! |
LOL It won’t upend the proceedings. Fiona Hill has already told what happened. There isn’t executive privilege for extortion and of course the House can subpoena him when they are investigating a rogue conspiracy outside official State Department protocols. |
Kupperman did the House a huge favor. There is no real legal argument against the Congressional subpoenas. Now the court will affirm that. |
Agree, but how long will that take? |
Now that the chief judge in the DC District Court has ruled that Congress is indeed conducting an impeachment inquiry, Congress can use that to get an expedited ruling. Poor House lawyers, though - they must be working 24/7. |
For those of you who didn't read the entire crs report, I think this is the paragraph that shows how McConnell can do shenanigans:
The Senate has not adopted standard rules of evidence to be used during an impeachment trial. The Presiding Officer possesses authority to rule on all evidentiary questions. However, the Presiding Officer may choose to put any such issue to a vote before the Senate. Furthermore, any Senator may request that a formal vote be taken on a particular question.33 Final arguments in the trial will be presented by each side, with the managers for the House of Representatives opening and closing.34 |
But, when it is the President or VP on trial for Impeachment, the Constitution says the Chief Justice shall preside, so the Presiding Officer in this case will be the Roberts, not Mitch. The Senate would violate the Constitution if they took all presiding powers away from the Chief Justice by calling their own votes on everything in his purview. The only way for the bolded sentence to be constitutional is if the PO can grant or deny the "request," and of course the plain language of the rule says just that. So, while the Senate might want to ask for every little thing to be put to a vote, Roberts can say no and get on with it. It will be up to Roberts to control those kinds of partisan shenanigans, which have no place in a trial. |
I wish I had faith in Roberts, but I do not. |