Trump Impeachment: How do the senate trials work?

Updated 19 Dec, 2019

After the US House of Representatives formally charged President Donald Trump with abuse of power and obstruction of Congress, a trial in the Senate will be held to decide whether he remains in office or not.

A two-thirds majority in the 100-member Senate will vote on the impeachment. This means at least 20 Republicans would have to join Democrats in voting against Trump. Since Trump's Republicans control the Senate, it is highly unlikely he will be removed from power.

How does the Senate trial work

  1. There are formal rules in place which define its proceedings when sitting as a court for impeachment trials.
    1. Once the Senate receives notice from the House of Representatives that managers are appointed on their part to conduct an impeachment, the Secretary of the Senate shall immediately inform the House of Representatives that the Senate is ready to receive the managers.
    2. When the managers of an impeachment are introduced at the bar of the Senate, the presiding pfficer of the Senate shall direct the Sergeant at Arms to make proclamation. “All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against.”
    3. The Senate will convene at 1 pm the next day ‘unless otherwise ordered by the Senate’, except Sunday, to begin consideration of the articles. The session shall commence until final judgment is rendered.
    4. Before proceeding to the consideration of the articles of impeachment, the presiding officer will administer the oath to the members of the Senate and witnesses.
    5. Chief Justice of the Supreme Court John Roberts will preside upon the trial and the Senate rules give him the power to rule on rules of evidence and other matters. However, he can be overruled if a senator disagrees with him and asks for the full body to vote.
    6. The person impeached will then be summoned to appear before the Senate upon a day and a place fixed by the Senate. If the person fails to appear then the trial shall proceed, as upon a plea of not guilty. ‘If a plea of guilty shall be entered, judgment may be entered thereon without further proceedings’.
    7. The Senate session will be recorded when the person impeached appears or any person for him. If he does not appear, either personally or by agent or attorney, the same shall be recorded.
    8. The Secretary of the Senate will record the proceedings. At all times, the doors of the Senate will be opened unless directed otherwise by the Senate.
    9. Witnesses will be examined by one person on behalf of the party producing them and then cross-examined by one person on the other side. If a Senator is called as a witness, he will be sworn and give his testimony standing in his place.
    10. If a Senator wishes a question to be put to a witness or to counsel of the person impeached, it shall be reduced to writing and put by the presiding officer.
    11. All questions and motions will be argued for not exceeding one hour (unless the Senate otherwise orders) on each side.
    12. The case on each side shall be opened by one person. Unless otherwise ordered by the Senate, the final argument on the merits may be made by two persons on each side. The argument s will be opened and closed by the House of Representatives.
    13. Once the time for voting comes, the presiding officer shall first state the question on which each Senator as his name is called, will rise in his place and answer ‘guilty or not guilty’.
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