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Please explain how an impeachment trial would work in the Senate and how it would
"look." Swansea, Wales - 5/3/00
The trial takes place in the Senate chamber, with the Senate sitting as a Court of
Impeachment. The Chief Justice of the Supreme Court presides, seated in the presiding
officer's chair on the Senate rostrum. He has chosen to wear his judicial robes, although that is
optional. All the Senators must be seated at their assigned desks on the Senate floor. The tables in front of the rostrum will be used by the President's lawyers on one side and by the
Members of the House presenting the prosecution's case on the other [the Managers]. The House Managers are 13 in number, all Republicans and lawyers who serve on the House Judiciary Committee. In past impeachments, Managers came from both sides of the aisle. Managers must have voted for impeachment and be willing to argue the House case against the impeached official.
The depth of meaning of Alexander Hamilton's famous adjective concerning impeachment as an
"awful discretion," is especially felt in the Senate. It is the Senate which is given the duty by the
Constitution to render the final judgment, convicting or acquitting the impeached official.
Conviction comes if 2/3 of the Senators present and voting favor it. That would be 67 votes if all 100 Senators are present. A vote to convict
automatically removes the official from office [Constitution, Article II, section 4.] Following
conviction, Senators may also choose to bar him/her from holding any future public office. This
motion, known as "disqualification," takes a simple majority vote.
The Senate has held 14 impeachment trials to date, resulting in 7 convictions. Trials were held
for 1 President, 1 senator, 1 cabinet officer, 1 Supreme Court Justice, and 10 federal judges. All
those convicted were federal judges.
At times, the Senate has altered its impeachment rules -- including those involving openness and
televising -- in advance of specific impeachment trials. This may well happen again. However,
if the Senate chooses to follow its existing procedures, here is the process, with the caveat that the Senate can choose to modify or change any of these steps by unanimous consent at any time:
The House would send a message to the Senate notifying it that Managers for an
impeachment have been appointed and await to deliver Articles of Impeachment. The
Senate responds by notifying the House of the day and time it wishes to receive the
Managers.
The House Managers carry the Article(s) of Impeachment to the Senate chamber on the
designated day.
After their presentation, a House Manager or Senate Officer reads the Articles to the Senate.
The day after the Articles' presentation, the Senate's formal preparations for trial
commence at 1:00pm.
The Chief Justice of the Supreme Court is summoned to preside and is sworn in by the
Presiding Officer of the Senate.
The Presiding Officer of the Senate trial swears in all Senators as jurors. They take the
following special oath:
I solemnly swear that in all things appertaining to the trial of the impeachment of
____, now pending, I will do impartial justice according to the Constitution and
laws. So help me God.
A Writ of Summons is delivered to the impeached official by the Sergeant-at-Arms,
notifying him of the day the Senate has chosen to commence a trial and summoning him
to appear. The official may appear in person, or may choose to allow his attorneys to
represent him in his absence.
On the designated day, at 12:00 noon, or at an hour otherwise set by the Senate, the trial
commences.
Once the trial begins, no legislative business is entertained until the trial has ended.
(Although unanimous consent might allow for some legislative interruptions.)
The trial is open to the public and press, unless the Senate votes to close all or part of it.
Any witnesses, if called, are subject to examination and cross-examination by the
managers and defense attorneys. Senators wishing to question a witness submit their
questions in writing and these are read aloud by the Presiding Officer or by a Senate clerk.
Any witnesses stand when speaking, facing the Senate.
Any opening motions are limited to one hour per side, as are any subsequent questions or
motions. Opening and closing statements of both sides are without time limitation. (However, in the past, unanimous consent agreements were obtained to set a limit on debate.)
The entire Senate then goes into closed session to deliberate as a jury over the arguments
heard. In the Judge Alcee Hastings trial in 1989, this closed session lasted for 7 hours and
15 minutes.
When the Senate returns to open session, they commence voting. Each Article of
Impeachment is put to the chamber and voted upon separately. Senators vote by
responding to their name when called out loud, standing at their desk and answering
"guilty" or "not guilty."
If any one Article receives a 2/3 vote, the official is considered convicted and removed
from office.
After all the Articles have been voted on, the Senate renders judgment, pronouncing
conviction; or it may choose, by majority vote, to prohibit the official from holding any
public office in the future (known as "disqualification.")
If convicted and removed from office, the official, now a private citizen, is subject to
legal prosecution for the same counts on which he was impeached.
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