Arab Press

بالشعب و للشعب
Saturday, May 31, 2025

How does an American impeachment trial work?

How does an American impeachment trial work?

The Senate sets its own rules. Milk is involved
LAST YEAR Donald Trump became the first American president to run for re-election after being impeached. On December 18th 2019 the House of Representatives voted along almost entirely partisan lines to impeach Mr Trump for abuse of power and obstruction of Congress.

On January 13th-one week after his supporters stormed the Capitol to prevent Congress from certifying his defeat, resulting in the deaths of five people, including a Capitol Police officer-he became the first president to be impeached twice.

Every House Democrat, along with ten Republicans, voted to impeach Mr Trump for “inciting violence against the government of the United States”, making it the most bipartisan presidential impeachment vote in American history. Mr Trump’s trial in the Senate begins on February 9th. How does the Senate conduct such a trial?

The fourth section of Article Two of the constitution says that a president can be impeached for “Treason, Bribery and other high Crimes and Misdemeanors”-a standard so vague that Gerald Ford, a former president, cynically but accurately noted that “an impeachable offence is whatever a majority of the House of Representatives considers it to be at a given moment in history.”

Grounds for impeachment may be vaguely and politically defined, but the first two articles of the Constitution lay out the basic procedure: the House has the sole power to impeach; the Senate conducts the trial; conviction requires the votes of two-thirds of the senators; punishment is limited to removal from office and a bar on standing again; and when a president stands trial (any federal officer, not just presidents, can be impeached; most of the 20 impeachment trials have been of judges), the Chief Justice of the Supreme Court must preside.

But the mechanics of the trial are entirely up to the Senate. That is why, for instance, its starting date was subject to negotiation between Charles Schumer and Mitch McConnell, respectively the Senate’s current and former majority leaders. According to rules proposed in 1974 and adopted in 1986, senators are sworn in as jurors, but they can also call witnesses, under subpoena if necessary, and question them by submitting written queries to the presiding officer.

As in a standard trial, the House managers presenting the case for impeachment and the lawyers defending the impeached person make opening and closing statements, with the House managers speaking first in the former case and last in the latter. In this trial, they plan to rely heavily on video presentations rather than witness testimony.

Debates on procedural matters cannot exceed two hours in total (in contrast to the chamber’s customary practice of limitless debate), and that time must be evenly divided between the two sides.

The trial is, of course, public, but the Senate can retreat into a closed deliberative session on proposal by one senator and seconding by another, during which each senator may speak for ten minutes each on most questions, and 15 on “the final question”-whether the impeached person is guilty or innocent. For obscure reasons, senators may drink only water or sparkling water, provided by the Senate cloakroom, or milk, which they must provide themselves.

In Mr Trump’s trial, however, one senator will combine his role as juror with a more prominent role. Rather than the chief justice, Patrick Leahy of Vermont, the president pro tempore of the Senate (the longest-serving member of the majority party), will preside, as is customary for non-presidential impeachments. That no doubt will delight Chief Justice John Roberts, an institutionalist who is wary of the Court being drawn into politics, and reportedly did not want to preside over another impeachment trial.

That is not the only unusual thing about the trial. It will be the first of a president who has left office. Mr Trump’s attorneys argue, in a brief filed to the Senate on February 2nd, that his no longer holding office renders the impeachment process illegitimate. History suggests a different view-the Senate tried William Belknap, a former secretary of war, after he left office. But the presidents' lawyers will probably still lean heavily on this question.

Late last month, 45 of the 50 Republican senators backed a motion from Rand Paul of Kentucky asserting the unconstitutionality of the proceeding. That will no doubt frustrate Democrats, some of whom have mooted another measure arguing that the 14th amendment-which bars any federal elected official who engaged in “insurrection or rebellion” against the government from holding office-bars Mr Trump from running for president again.

But Mr Trump and his supporters would almost certainly challenge such a measure in court. It also carries political risks, not least letting Mr Trump cast himself as a silenced martyr, rather than what the record shows he is-a defeated one-term president.
Newsletter

Related Articles

Arab Press
0:00
0:00
Close
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
European and Arab Ministers Convene in Madrid to Address Gaza Conflict
Head of Gaza Aid Group Resigns Amid Humanitarian Concerns
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Netanyahu Accuses Starmer of Siding with Hamas
Calls Grow to Resume Syrian Asylum Claims in UK
UAE Offers Free ChatGPT Plus Subscriptions to Citizens
Denmark Increases Retirement Age to 70, Setting a European Precedent
Iranian Director Jafar Panahi Wins Palme d'Or at Cannes
Israeli Airstrike Kills Nine Children of Gaza Doctor
Lebanon Initiates Plan to Disarm Palestinian Factions
Iran and U.S. Make Limited Progress in Nuclear Talks
Trump Administration's Tariff Policies and Dollar Strategy Spark Global Economic Debate
OpenAI Acquires Jony Ive’s Startup for $6.5 Billion to Build a Revolutionary “Third Core Device”
Turkey Weighs Citizens in Public as Erdoğan Launches National Slimming Campaign
UK Suspends Trade Talks with Israel Amid Gaza Offensive
Iran and U.S. Set for Fifth Round of Nuclear Talks Amid Rising Tensions
Russia Expands Military Presence Near Finland Amid Rising Tensions
Indian Scholar Arrested in Crackdown Over Pakistan Conflict Commentary
Israel Eases Gaza Blockade Amid Internal Dispute Over Military Strategy
President Biden’s announcement of advanced prostate cancer sparked public sympathy—but behind closed doors, Democrats are in panic
Mount Lewotobi Laki-Laki Erupts Again, Spewing Ash Cloud over Flores Island
Indian jet shootdown: the all-robot legion behind China’s PL-15E missiles
The Chinese Dragon: The True Winner in the India-Pakistan Clash
Australia's Venomous Creatures Contribute to Life-Saving Antivenom Programme
The Spanish Were Right: Long Working Hours Harm Brain Function
Did Former FBI Director Call for Violence Against Trump? Instagram Post Sparks Uproar
US and UAE Partner to Develop Massive AI Data Center Complex
Apple's $95 Million Siri Settlement: Eligible Users Have Until July 2 to File Claims
US and UAE Reach Preliminary Agreement on Nvidia AI Chip Imports
President Trump and Elon Musk Welcomed by Emir of Qatar Sheikh Tamim with Cybertruck Convoy
Strong Warning Issued: Do Not Use General Chatbots for Medical, Legal, or Educational Guidance
NVIDIA and Saudi Arabia Launch Strategic Partnership to Establish AI Centers
Trump Meets Syrian President Ahmad al-Shara in Historic Encounter
US and Saudi Arabia Sign Landmark Agreements Across Multiple Sectors
Why Saudi Arabia Rolled Out a Purple Carpet for Donald Trump Instead of Red
Elon Musk Joins Trump Meeting in Saudi Arabia
Trump says it would be 'stupid' not to accept gift of Qatari plane
Quantum Computing Threatens Bitcoin Security
Michael Jordan to Serve as Analyst for NBA Games
Senate Democrats Move to Censure Trump Over Qatar Jet Gift
Hamas Releases Last Living US Hostage from Gaza Amid Ongoing Conflict
×