The Senate has a specific set of 25 rules which dictate operations for a Senate impeachment trial. But the Senate’s only conducted 17 impeachment trials in history. No one knows how President Trump’s prospective Senate trial may look. Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y., have wrestled for days about the possibilities of a Senate trial. So far, neither side is giving any quarter.
Senate impeachment trial rules are vague. They only say the Senate holds the trial six days a week, starting at 1 in the afternoon, Saturdays included.
There are only a few things the Senate has to do with the trial. One of them is present the House’s impeachment articles to the Senate out loud. Former Senate Sergeant at Arms James Ziglar announced that the House was “exhibiting to the Senate of the United States, articles of impeachment against William Jefferson Clinton, President of the United States” on January 7, 1999. On January 14, 1999, the late House Judiciary Committee Chairman Henry Hyde, R-Ill., laid out the House’s case to the Senate.
“We the managers of the House are here to set forth the evidence in support of two articles of impeachment against President William Jefferson Clinton,” said Hyde.
And after the managers speak to the Senate, pretty much anything can happen.
Clinton’s Senate trial ran about five weeks in January and February 1999 before the Senate voted to acquit. But no one is quite sure how long Trump’s trial could run. After the Senate verbally announces the charges and receives the House managers, anything can happen.
“Impeachment trials of the president of the United States are extremely rare. We really do not have a great deal of precedent on which to rely,” said former Senate Parliamentarian Alan Frumin, the body’s head referee. “The potential playing field is as yet defined. The lines are not on the field yet. I don't know if it's going to be 100 yards or 200 yards field and whether you can get a first down or a series of first downs and keep going.”
U.S. Chief Justice John Roberts will preside over any Senate trial. But no one will have more influence over a Senate trial than McConnell.
“We don’t create impeachments. We judge them,” said McConnell.
But the Kentucky Republican says he’s coordinated with the White House about what the administration wants in a Senate trial.
Trump says he’s open to either a short or long trial. There’s been talk of the president appearing himself in a trial. Maybe calling the Bidens, House Intelligence Committee Chairman Adam Schiff, D-Calif., and even House Speaker Nancy Pelosi, D-Calif., as witnesses.
Schumer tried to preempt GOP messaging on a Senate trial by making requests for when a trial should start, how much debate the Senate should allocate for closing arguments which witnesses the Democrats would like to see testify.
Schumer is executing an interesting gambit. Schumer and Democrats have long portrayed McConnell as keeper of the legislative “graveyard,” capitalizing on his self-assigned nickname as the “Grim Reaper.” Schumer essentially dared McConnell to say no to Democratic demands. The New York Democrat suspects McConnell would:
- Fail to implement any of the Democrats requests.
- Rush the Senate trial to the point that Democrats think senators never gave the House charges a fair hearing and abused the impeachment process.
- Conducts a trial which favors the president, since McConnell says he’s working with the administration to implement about what Trump wants from the GOP-controlled Senate.
Schumer then will attempt to add to the narrative that McConnell is indeed “the Grim Reaper.” Moreover, Democrats will weaponize such the Senate’s handling of a trial (and perhaps actual roll call votes in a Senate trial) against vulnerable Republicans facing challenging reelection bids in 2020: Sens. Cory Gardner, R-Colo., Susan Collins, R-Maine, and Sen. Martha McSally, R-Ariz.
Schumer wants Acting White House Chief of Staff Mick Mulvaney and former National Security Adviser John Bolton to testify – among others.
McConnell is cool to the idea.
“If the Senate volunteers ourselves to do House Democrats’ homework for them, we will only incentivize an endless stream of dubious partisan impeachments in the future,” said the majority leader.
A Senate trial with witnesses could produce one of the most surreal spectacles in American history.
That’s why even some key Republicans are leery of an unorthodox scene, and what it could mean for the integrity of the Senate.
“I'm getting a lot of pushback from the right on this,” said Senate Judiciary Chairman Lindsey Graham, R-S.C. “You know everybody's dying to hear from Joe Biden and Hunter Biden and prove that there was corruption on their part, and to get Schiff. Shifty Schiff and all that good stuff. I'm really worried about where this could take the country.”
Like Graham, senators who served more than two decades ago also fretted about Clinton’s impeachment trial. Then-Senate Majority Leader Trent Lott, R-Miss. says there were concerns about publicly airing salacious details about Clinton’s affair with Monica Lewinsky.
“There were some that wanted to have witnesses on the floor of the Senate in the well. Bill Clinton. Monica Lewinsky. And I said, no. We're not going to demean this institution to that degree,” said Lott.
That’s why Lott and then-Senate Minority Leader Tom Daschle, D-S.D., forged a pact. The leaders convened a conclave of all 100 senators in the Old Senate chamber. Lott and Daschle forged a pact on how to conduct Clinton’s trial. It’s unclear if senators can form a bipartisan accord for Trump’s trial in today’s toxic political climate.
“If they don’t do this in the right way and they have witnesses on the floor, I think it takes on a context that could be harmful,” observed Lott. “It's bad enough and if this turns into an absolutely mudslinging process, it'll make things even worse.”
A Senate trial isn’t expected to begin until January. And, Lott and Daschle didn’t reach their agreement until just before Clinton’s trial started two decades ago. And if there’s no pact on a Senate trial, Trump could find himself in a familiar spot: the star in a Senate trial.
Perhaps the biggest political reality TV show of all time.