How a Senate trial actually plays out is a complicated question
McConnell has explained impeachment trial rules to his Caucus, but rules can always be changed. Photo: Win McManee/Getty Images Though the primary focus of attention in the impeachment saga is how the House proceeds toward formal articles of impeachment, the Senate’s role if Trump is in fact impeached is important and controversial as well. Just ask Bill Clinton — or the ghost of Andrew Johnson — since both of these impeached presidents were acquitted by the Senate.
But in fact, McConnell has repeatedly said he would indeed hold a trial — too many times to reverse himself, in all probability, as the Hill reports: If necessary for some reason, another way to cut things short would be a motion to adjourn, which could pass on a party-line vote. Indeed, during the Senate trial of Andrew Johnson in 1868, the Senate did just that after the president was acquitted on three articles of impeachment; no votes were held on the remaining eight articles.
McConnell … warned that senators won’t be allowed to speak because they are jurors. McConnell said such silence “would be good therapy for a number of them.” Senate leadership can seek to have the rules “reinterpreted” at any time by the device of seeking a ruling of the chair on the question, and avoiding a formal revision of the rule that would require supermajority approval. The question presented in some form would be whether, under the relevant rules, the Senate is required to hold an impeachment “trial” fully consistent with current rules — or even any trial at all.
Other Senate Republicans are reportedly raining on Graham’s parade, not because they believe they are required to remain silent but because they don’t want to display any Republican disunity or place vulnerable senators on record this early in the process.
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