Senate Impeachment Trial Process: A Step-by-Step Guide
The Senate impeachment trial of President Clinton is imminent, with the formal receipt of articles of impeachment expected to take place in January. Under Senate rules, once the trial begins, it will be a virtually unavoidable process. The procedural jockeying will likely commence sometime in the week of January 11. According to Senate rules and precedents, the process will unfold as follows: Chief Justice William Rehnquist will be seated as the presiding officer, swearing in the 100 senators to sit in judgment of the president. The Senate will then send a summons to the president, outlining the charges against him and instructing him to respond within 30 days. The House will be given time to answer the president's response, and the process of "replication" will ensue. The president will have the right to demand a bill of particulars from the House managers, and motions to dismiss the case or adjourn the proceeding can be made. The courtroom-style trial will then commence, with the House managers presenting their case, followed by the president's lawyers. Witnesses and documentary evidence can be called, and motions to dismiss or adjourn can be entertained at this point.
Key Takeaways:
- The Senate impeachment trial of President Clinton is expected to begin in January, with the formal receipt of articles of impeachment.
- Under Senate rules, the trial process is virtually unavoidable once the Senate receives the articles of impeachment.
- Chief Justice William Rehnquist will be seated as the presiding officer, swearing in the 100 senators to sit in judgment of the president.
- The Senate will send a summons to the president, outlining the charges against him and instructing him to respond within 30 days.
- The House will be given time to answer the president's response, and the process of "replication" will ensue.
- The president will have the right to demand a bill of particulars from the House managers, and motions to dismiss the case or adjourn the proceeding can be made.
- The courtroom-style trial will feature the House managers presenting their case, followed by the president's lawyers, with witnesses and documentary evidence.
- The Senate will then deliberate and vote on each article of impeachment, with a two-thirds majority required for conviction.
- Conviction on either article means automatic removal from office.
Statistics:
- 100 senators will be sworn in to sit in judgment of the president (1).
- 30 days will be given to the president to respond to the charges against him (1).
- 2/3 of the Senate will be required to convict the president (1).
- X motion(s) to dismiss the case have been made in previous impeachments of federal judges (1).
Sources:
- (1) "Senate Impeachment Trial Process: A Step-by-Step Guide" (no date), Knight Ridder/Tribune Information Services.