An impeachment manager is a legislator appointed to serve as a prosecutor in an impeachment trial . They are also often called "House managers" or "House impeachment manager" when appointed from a legislative chamber that is called a "House of Representatives".
96-729: In federal impeachment trials in the United States , which are held before the United States Senate after an impeachment by the United States House of Representatives , the United States House of Representatives appoints impeachment managers, a committee of members of the House who, together, act as the prosecutors in the impeachment trial. While they are always approved by House vote, how
192-520: A memorandum laying out an argument that the Senate has the right to reach a judgment in this manner. This precedent was cited in the Senate's decision to commence with the second impeachment trial of Donald Trump after he had already left office. In 2021, University of Alabama School of Law professor Ronald Krotoszynski wrote an article in Politico opining that it is possible for the Senate to end
288-465: A "guilty" verdict, the Senate has the option of additionally barring the official from ever holding federal office again, which can be done by a simple-majority vote. In an impeachment trial of an incumbent president of the United States , the chief justice of the United States serves as the presiding officer. This is per the Constitution, Article I, section 3, clause 6. This provision prevents
384-441: A CNN/ USA Today /Gallup poll that they supported impeachment, 57% approved of the Senate's decision to keep him in office, and two-thirds of those polled said the impeachment was harmful to the country. In April 1999, about two months after being acquitted by the Senate, Clinton was cited by federal District Judge Susan Webber Wright for civil contempt of court for his "willful failure" to obey her orders to testify truthfully in
480-455: A Senate vote. Senators who act as the presiding officer of an impeachment hearing are still permitted to vote in the trial. In the 1999 impeachment trial of President Bill Clinton , the second instance of a presidential impeachment, Chief Justice William Rehnquist was an intentionally passive presiding officer, once commenting on his stint as presiding officer, "I did nothing in particular, and I did it very well." In impeachment trials,
576-400: A committee allows for the majority of Senators to be absent during the presentation of evidence and witness testimony heard by the committee. Without use of such a committee, all senators would have to be present at the presentation of all evidence and witness testimony. Rule XI committees have been utilized in for four impeachment trials: the 1986 impeachment trial of Judge Harry E. Claiborne ,
672-436: A hurdle he could not surmount in his campaign ... [with] the core of the dispute was Clinton's lies to Gore and the nation about his affair with White House intern Monica Lewinsky." Clinton, however, was unconvinced by Gore's argument and insisted to Gore that he would have won the election if he had embraced the administration and its good economic record. As the first impeachment trial held since Johnson's in 1868,
768-591: A majority vote to pass. That day, senators heard arguments from the managers against dismissal, and from the president's defense team in support of dismissal, before then deliberating behind closed-doors in a closed session . On January 26, House impeachment manager Ed Bryant motioned to call witnesses to the trial, a question the Senate had avoided up to that point. He requested depositions from Monica Lewinsky , Clinton's friend Vernon Jordan , and White House aide Sidney Blumenthal . The House impeachment managers presented arguments in favor of allowing witnesses, then
864-529: A motion to suspend the rules and conduct open deliberations, introduced by Trent Lott (a Republican) was defeated 59–41. Lott then motioned to begin holding closed-door deliberations, which was approved 53–47. Closed door deliberations lasted through February 12. On February 12, the Senate emerged from its closed deliberations and voted on the articles of impeachment. A two-thirds vote , 67 votes, would have been necessary to convict on either charge and remove
960-422: A nearly two-hour interview with the House impeachment managers, who remarked after the interview that Lewinsky was "impressive", "personable", and "would be a very helpful witness" if called. Lewinsky's own lawyers claimed that no new information had been produced in the interview. On January 25, Senator Robert Byrd (a Democrat) moved for dismissals of both articles of impeachment. This motion would only require
1056-478: A neutral-acting presiding officer. Coincidentally, in 1992, Rehnquist had authored Grand Inquests , a book analyzing both the impeachment of Andrew Johnson and the impeachment of Samuel Chase . Thirteen House Republicans from the House Judiciary Committee served as "managers", the equivalent of prosecutors. They were designated to be the House impeachment managers the same day that
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#17327796580881152-406: A previously unexamined variable played a major role in 2000—the retiring president's personal approval. The Stanford analysis, however, presented different theories and mainly argued that Gore had lost because he decided to distance himself from Clinton during the campaign. The writers of it concluded: We find that Gore's oft-criticized personality was not a cause of his under-performance. Rather,
1248-523: A sexual relationship with White House intern Monica Lewinsky . The catalyst for the president's impeachment was the Starr Report , a September 1998 report prepared by Independent Counsel Ken Starr for the House Judiciary Committee . Between December 20 and January 5, Republican and Democratic Senate leaders negotiated about the pending trial. Disagreement arose as to whether to call witnesses. This decision would ultimately not be made until after
1344-405: A simple majority. A vote to ban, however, cannot be held unless a conviction has first passed the two-thirds majority threshold. The Senate does not always vote on each article of impeachment. For example: in the 1868 impeachment trial of Andrew Johnson, the Senate voted on only three of the eleven articles of impeachment before adjourning sine die . A trial ends with procedural motions. After
1440-494: A single rule change was made. In the 1970s, the Senate Committee on Rules and Administration explored the possibly of altering the rules in advance of an anticipated impeachment trial that might have resulted from the impeachment process against Richard Nixon , but after to Nixon resigned without being impeached and convicted, this was momentarily abandoned. The rule changes explored in the 1970s were not adopted until
1536-541: A thirteen page response to a Senate summons. On January 13, the same day that his lawyers filed their pretrial brief, Clinton told reporters that he wanted to focus on the business of the nation rather than the trial, remarking, "They have their job to do in the Senate, and I have mine." The managers presented their case over three days, from January 14 to 16. They justified removal of the President from office by virtue of "willful, premeditated, deliberate corruption of
1632-530: A three-hour time slot. On the President's behalf, Charles Ruff, counsel to Clinton declared: There is only one question before you, albeit a difficult one, one that is a question of fact and law and constitutional theory. Would it put at risk the liberties of the people to retain the President in office? Putting aside partisan animus, if you can honestly say that it would not, that those liberties are safe in his hands, then you must vote to acquit. Chief Prosecutor Henry Hyde countered: A failure to convict will make
1728-448: A trial into him after he resigned his office following his impeachment by the House. A trial can also be dismissed without completion. This has been done before in instances when officeholders resigned partway into an impeachment trial against them. The House and the Senate have both each once moved to dismiss impeachment proceedings against officials that resigned partway in to impeachment trials. The Senate did this in 1926 by dismissing
1824-401: A trial of an impeached individual. Since the Senate does not need to hold an impeachment trial after a House impeachment, it can also choose not to hold trials in instances where individuals resigned following impeachment. Of the twenty-one individuals to be impeached by the United States House of Representatives, only Mark W. Delahay did not face a trial, as the Senate decided not to hold
1920-674: Is arrived at has differed between impeachments. In some impeachments, the House managers have been chosen upon the recommendation of the Chairman of the House Committee on the Judiciary . Another way that has been used is by having the whole house decide by balloting who should serve. In some other impeachment, the speaker of the House has chosen the slate of impeachment managers that were thereafter approved by House vote. Outside legal counsel can also be hired to provide advice to
2016-527: Is granted the sole authority to try impeached individuals. Impeachment and impeachment trials are provided for by section four of Article Two of the United States Constitution . Impeachment trials are further outlined in section three, clause six of Article One of the United States Constitution . The Constitution requires that a two-thirds majority vote "guilty" in order for an individual to be convicted and removed from office. There
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#17327796580882112-417: Is no process provided to appeal an impeachment verdict. The Constitution also specifies that, after a conviction, the Senate may vote to additionally bar an individual from again holding federal office. The majority needed for this second matter is not specified by the Constitution, and the Senate has, in practice, used a simple majority vote for this. The Constitution does not elaborate on specifications on
2208-414: Is provided by the Constitution as to events in trials and their order other than the stipulation for an oath to be taken by senators and the stipulation that a vote on whether to disqualify an official from holding federal office again may only be held after a successful vote to convict. Nevertheless, impeachment trials have taken a standard form with several stages. Some of this structure arises directly from
2304-427: Is the "impeachment" itself, held by a vote in the United States House of Representatives. Federal impeachment trials are held in the United States Senate , with the senators acting as the jurors . At the end of a completed impeachment trial, the U.S. Senate delivers a verdict. A "guilty" verdict (requiring a two-thirds majority ) has the effect of immediately removing an officeholder from office. After, and only after,
2400-531: The 1996 United States presidential election ), and which some Senate Democrats to embraced as an alternative to an impeachment trial. Dole's own specific idea for how a censure would look was to have a censure passed and have Clinton then sign it himself in the presence of congressional leaders, the Vice President, Cabinet members, and the justices of the Supreme Court . The chief justice of
2496-458: The Clinton–Lewinsky scandal and subsequent impeachment, his poll numbers with regard to questions of honesty, integrity and moral character declined. As a result, "moral character" and "honesty" weighed heavily in the next presidential election. According to The Daily Princetonian , after the 2000 presidential election , "post-election polls found that, in the wake of Clinton-era scandals,
2592-404: The U.S. House of Representatives on December 19, 1998 ; the articles of impeachment charged him with perjury and obstruction of justice . It was the second impeachment trial of a U.S. president, preceded by that of Andrew Johnson . The charges for which Clinton was impeached stemmed from a sexual harassment lawsuit filed against Clinton by Paula Jones . During pre-trial discovery in
2688-408: The articles of impeachment which the official will be tried on by reading them. After this, the presiding officer takes their oath for the trial, and then proceeds to provide the juror's oath to the senators. The Senate will issue a writ of summons to the impeached official. They will also request that a written answer be filed. After the oaths are sworn and summons are issued, details for
2784-666: The vice president of the United States , who is the president of the Senate and generally holds the authority to preside over Senate business, from overseeing an impeachment trial that would elevate him or her to the presidency if the president were removed. This was particularly important at the time of the Constitution's writing, as, before the reforms of the Twelfth Amendment to the United States Constitution , presidents and vice presidents were not elected together on tickets and could potentially be of rival political factions. The Constitution does not specify who should serve as
2880-403: The 1989 impeachment trials of Judges Walter Nixon and Alcee Hastings , and the 2010 trial of Judge Thomas Porteous . The United States House of Representatives appoints impeachment managers, a committee of members of the House who, together, act as the prosecutors in the impeachment trial. While they are always approved by House vote, how the initial decision of who serves as a manager
2976-605: The 1993 Nixon v. United States case, arising from the 1989 impeachment trial of Walter Nixon, in which the Supreme Court upheld the United States Senate's authority to determine its own procedures, which includes its decision to opt for use of Rule XI trial committees. There are no standard rules of evidence adopted by the Senate to be used for impeachment trials. Therefore, the presiding officer has authority to rule on evidentiary question. Alternatively,
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3072-680: The American colonies during the colonial era of the United States . Impeachment managers were a component of impeachment in the United Kingdom , a now-largely obsolete process. Federal impeachment trials in the United States In the United States, a federal impeachment trial is held as the second stage of the United States federal government 's bifurcated (two-stage) impeachment process . The preceding stage
3168-448: The Constitution stipulated that impeachments trials for incumbent presidents are to be presided over by the chief justice of the United States. Because of this, a select committee of senators was tasked with developing rules to be used in the impeachment trial of Johnson. The select committee decided that they would create permanent rules that would be used for any future impeachments, declaring it to be, "proper to report general rules for
3264-402: The House that it is prepared to receive the impeachment managers. Next, the impeachment managers appear before the bar of the Senate and exhibit the articles of impeachment, transferring the articles to the Senate. After this, the managers return to the House and make a verbal report there. A federal impeachment trial ceremonial starts with the House impeachment managers presenting to the Senate
3360-558: The Paula Jones sexual harassment lawsuit. For this, Clinton was assessed a $ 90,000 fine and the matter was referred to the Arkansas Supreme Court to see if disciplinary action would be appropriate. Regarding Clinton's January 17, 1998, deposition where he was placed under oath, Webber Wright wrote: Simply put, the president's deposition testimony regarding whether he had ever been alone with Ms. (Monica) Lewinsky
3456-516: The President from office. The perjury charge was defeated with 45 votes for conviction and 55 against, and the obstruction of justice charge was defeated with 50 for conviction and 50 against. Senator Arlen Specter voted " not proved " for both charges, which was considered by Chief Justice Rehnquist to constitute a vote of "not guilty". All 45 Democrats in the Senate voted "not guilty" on both charges, as did five Republicans; they were joined by five additional Republicans in voting "not guilty" on
3552-469: The Senate acted upon a further recommendation to adopt them in 1986. No further changes have been made since to the rules outlined for the Johnson trial. Among other things, the rules specify what oaths must be said and the order certain events are to occur in. However, many important matters are left unspecified by these rules. The Senate rules states that, as soon as impeachment managers are appointed,
3648-502: The Senate and the House have, in the past, judged themselves to be able to utilize their impeachment authorities on former officeholders. The principal precedent for both impeaching a former officeholder and for holding an impeachment trial of a former officeholder is the impeachment and impeachment trial of William W. Belknap , who had resigned as Secretary of War hours before he was impeached in 1876. Many scholars have argued that if impeachment could not apply to former officeholders, then
3744-417: The Senate must "immediately" receive them. The impeached official may appear in person at their trial. They may, alternatively, opt not to appear in person at their trial, instead being represented solely through counsel. Rule XI, allowing for the appointment of "Rule XI committees" was adopted by the Senate in 1934 as a simple resolution offered by Senator Henry F. Ashurst . Rule XI states, That in
3840-475: The Senate on February 6. These included excerpts of Lewinsky discussing such topics as her affidavit in the Paula Jones case, the hiding of small gifts Clinton had given her, and his involvement in procurement of a job for Lewinsky. The showing of video on large screens was seen as a large departure in the use of electronics by the Senate, which has often disallowed electronics to be utilized. On February 8, closing arguments were presented with each side allotted
3936-465: The Senate then votes on the verdict, they first vote on whether to convict. Conviction requires a two-thirds majority . Regardless of the number of articles of impeachment that are being tried, conviction on a single article triggers a removal from office for an incumbent officeholder. If a conviction occurs, the Senate then has the option of holding an additional vote as to whether to ban the official from holding federal office again, which only requires
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4032-459: The Senate to the House managers and Clinton's defense counsel. Under the rules, all questions (over 150) were to be written down and given to Rehnquist to read to the party being questioned. On January 23, a judge had ordered Monica Lewinsky, who Clinton had allegedly perjured about a sexual relation with, to cooperate with the House impeachment managers, forcing her to travel from California back to Washington, D.C. On January 24, she submitted to
4128-557: The Senate voted against motions to dismiss the charges against Clinton and to suppress videotaped depositions of the witnesses from public release, with Democratic Senator Russ Feingold again voting with Republicans against both motions. Absent from the chamber, and therefore unable to vote, were Republican Wayne Allard and Democrat Barbara Mikulski, the latter of whom was absent due to illness. Over three days, February 1–3, House managers took videotaped closed-door depositions from Monica Lewinsky, Vernon Jordan, Sidney Blumenthal. Lewinsky
4224-404: The Senate") is delivered in open session. It is possible that, before the Senate would proceed to vote on whether to convict, a senator might motion to introduce a resolution to censure the official. The reason for presenting such a resolution would be to provide an alternative means for the Senate to express dismay about wrongdoings without convicting and removing an official from office. When
4320-399: The Senate's power to disqualify individuals from holding future federal office through an impeachment process would be greatly weakened, as there would be a loophole of resigning before this sentence is imposed by the Senate. Since the Constitution only gives the Senate the power to try an impeached individual, and does not require them to do so, it is possible for the Senate to forgo holding
4416-602: The United States is cited in Article I, Section 3, Clause 6 of the United States Constitution as the presiding officer in an impeachment trial of the President. As such, Chief Justice William Rehnquist assumed that role. Rehnquist was a passive presiding officer, once commenting on his service as presiding officer of the trial, "I did nothing in particular, and I did it very well." Rehnquist won praise from senators and from legal analysts for being
4512-546: The White House'. According to Voter News Service , the personal quality that mattered most to voters was 'honesty'. Voters who chose 'honesty' preferred Bush over Gore by over a margin of five to one. Forty four percent of Americans said the Clinton scandals were important to their vote. Of these, Bush reeled in three out of every four. Political commentators have argued that Gore's refusal to have Clinton campaign with him
4608-436: The argument phase of an impeachment trial early and move instead to closing arguments if it took a majority vote in favor of a motion to do so. He likened it to a motion for summary judgement in a civil court. The Senate has, by majority votes, multiple times judged that an individual impeached while in office can still be subjected to a trial, conviction, and the penalty of disqualification even after they leave office. Both
4704-461: The articles brought against them. The impeached official may answer the articles brought against them. The House impeachment managers are also permitted to provide a response to such an answer. After the pleading stage, a date will be set for the formal trial to begin. The formal trial begins with an argument stage. Senators are prohibited from speaking during the argument stage. To start the argument stage, opening statements are presented by both
4800-666: The articles of impeachment across the Capitol Rotunda into the Senate chamber, where Hyde then read the articles aloud. Chief Justice of the United States Supreme Court William Rehnquist, who would preside over the trial, then was escorted into the chamber by senators by a bipartisan escort committee consisting of Robert Byrd , Orrin Hatch , Patrick Leahy , Barbara Mikulski , Olympia Snowe , Ted Stevens . Rehnquist then swore-in
4896-471: The articles of impeachment. There is an argument that the Senate could hold a " summary trial", reaching their judgment without holding a full trial or hearing evidence. In 1986, the impeachment managers for the trial of Judge Harry E. Claiborne argued that this would be permissible. However, the impeachment managers for the 1999 impeachment trial of Bill Clinton argued that it would not be allowed. In 1999, Senator (and future president) Joe Biden published
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#17327796580884992-400: The close of the trial, senators are given an opportunity to deliver speeches. Impeachment trial of Bill Clinton The impeachment trial of Bill Clinton , the 42nd president of the United States , began in the U.S. Senate on January 7, 1999, and concluded with his acquittal on February 12. After an inquiry between October and December 1998, President Clinton was impeached by
5088-463: The core - the Senate is not simply a jury. It is a court in this case. And therefore, counsel should refrain from referring to the senators as jurors." This indicated a belief that the senators collectively take on a role that is perhaps more akin to a judge than to a jury. Under Senate rules for impeachment trials, senators are able to call and subpoena witnesses for a trial. Senators are also able to submit written questions to witnesses as well as
5184-411: The date specified by the Senate in the writ of summons, the impeached official is to appear either in person to plead or be represented by counsel that will provide a plea on their behalf. The impeached official and their counsel may also demur, arguing that the impeached official is not a civil official that can be subject to an impeachment, or argue that there are not sufficient grounds for impeachment in
5280-508: The election, and "tried to explain that keeping Clinton under wraps [during the campaign] was a rational response to polls showing swing voters were still mad as hell over the Year of Monica". According to the AP, "during the one-on-one meeting at the White House, which lasted more than an hour, Gore used uncommonly blunt language to tell Clinton that his sex scandal and low personal approval ratings were
5376-446: The evidence as those who must sit in judgment. To guide you in this grave duty, you've taken an oath of impartiality." The defense's presentation took place January 19–21. Clinton's defense counsel argued, "The House Republicans' case ends as it began, an unsubstantiated, circumstantial case that does not meet the constitutional standard to remove the President from office". January 22 and 23 were devoted to questions from members of
5472-401: The house impeachment managers and the president's defense team. After this, the senate would be able to hold a vote on whether to dismiss the case or to continue with it and call witnesses. The trial remained in recess while briefs were filed by the House (on January 11) and Clinton (on January 13). Additionally, on January 11, Clinton's defense team denied the charges made against Clinton in
5568-560: The impeachment managers. This was the case, for instance, in both the first and second impeachment trials of Donald Trump . An impeached officeholder may appear at their impeachment trial. They may also opt not to appear in-person and instead be represented entirely through counsel. In impeachment trials, an impeached officeholder can be represented by private counsel . In Donald Trump's first impeachment trial, in addition to private counsel, he had several House members belonging to his political party work on his defense. The Senate
5664-402: The initial decision of who serves as a managers is arrived at has differed between impeachments. In some impeachments, the House managers have been chosen upon the recommendation of the Chairman of the House Committee on the Judiciary . Another way that has been used is by having the whole house decide by balloting who should serve. In some other impeachments, the speaker of the House has chosen
5760-527: The investigation without the filing of any criminal charges for perjury or obstruction of justice. Clinton was automatically suspended from the United States Supreme Court bar as a result of his law license suspension. However, as is customary, he was allowed 40 days to appeal the otherwise automatic disbarment. Clinton resigned from the Supreme Court bar during the 40-day appeals period. While Clinton's job approval rating rose during
5856-481: The lawsuit, Clinton gave testimony denying that he had engaged in a sexual relationship with White House intern Monica Lewinsky . The catalyst for the president's impeachment was the Starr Report , a September 1998 report prepared by Ken Starr , Independent Counsel , for the House Judiciary Committee . The Starr Report included details outlining a sexual relationship between Clinton and Lewinsky . Clinton
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#17327796580885952-494: The major cause was his failure to receive a historically normal amount of credit for the performance of the Clinton administration ... [and] failure to get normal credit reflected Gore's peculiar campaign which in turn reflected fear of association with Clinton's behavior. According to the America's Future Foundation: In the wake of the Clinton scandals, independents warmed to Bush's promise to 'restore honor and dignity to
6048-415: The nation's system of justice through perjury and obstruction of justice". Among the evidence and illustrative tools utilized to illustrate their case were video clips of Clinton's grand jury testimony, charts, and quotes from the written record. In the opening remarks, Hyde highlighted a need for jurors to be impartial in their judgement, remarking, "You are seated in this historic chamber ... to listen to
6144-460: The opening arguments from the House impeachment managers and the White House defense team. On January 5, Majority Leader Trent Lott , a Republican, announced that the trial would start on January 7. There was some discussion about the possibility of censuring Clinton instead of holding a trial. This was an idea that had been championed by Republican retired former Senate majority leader Bob Dole (who had been Clinton's Republican opponent in
6240-399: The perjury charge. Per Pew Research Center polling , the impeachment process against Clinton was generally unpopular. Polls conducted during 1998 and early 1999 showed that only about one-third of Americans supported Clinton's impeachment or conviction. However, one year later, when it was clear that impeachment would not lead to the ousting of the President, half of Americans said in
6336-452: The president's legal team presented arguments against allowing witnesses. Democrat Tom Harkin motioned to suspend the rules and hold open debate, rather than closed debate, on the motion to allow witnesses. The senators voted 58–41 against Harkin's motion, with Democrat Barbara Mikulski being absent due to illness. The Senate, thus, voted to deliberate on the question in private session, rather than public session, and such private deliberation
6432-425: The presiding officer may put evidentiary questions to a vote by senators, or an individual senator may make a motion for the senators to hold such a vote. An impeachment trial can be adjourned sine die at any time by a simple majority vote, effectively ending a trial without completion. This occurred in the 1868 impeachment trial of Andrew Johnson, with the Senate adjourning sine die without voting on all of
6528-400: The presiding officer of impeachment trials of persons other than incumbent presidents. The presiding officer in such impeachments is usually the president of the Senate, meaning either the vice president of the United States or, in his or her absence, the president pro tempore of the United States Senate . In trials of officials who are not an incumbent president, the presiding officer, if not
6624-502: The proceedings against Judge George W. English . The House did this by passing a simple resolution in 2009 to end the proceedings against Judge Samuel B. Kent . The House is not required to immediately transfer the articles of impeachment to the Senate after passage, and can deliberately postpone their transfer if the House desires to, thus delaying the initiation of a trial. Additional rules are agreed to before an impeachment trial. This includes rules governing significant details of
6720-497: The proceedings were viewed to hold historic significance. With the help of the Senate sergeant at arms , Senate Curator Diane Skvarla kept track of many objects used during the trial and had them stored for historic posterity. These included pencils utilized for tallying votes; several admission tickets printed for the trial; as well furniture such as the podium and easels used by the House-appointed impeachment managers and
6816-523: The prosecution and the defense, with the prosecution (represented by the House managers) delivering their opening argument first. After opening statements, each side presents their full case. There are not specified rules as to which side is supposed to present their full case first. Evidence may be presented and witnesses might be examined and cross-examined , with the Senate deciding on whether to allow this. After arguments are first presented, senators have an opportunity to present written questions to
6912-438: The prosecution and the defense. If they desire, any senator may be excused from serving their role in an impeachment trial. A Rule XI trial committee is a committee of senators that the Senate may appoint to receive evidence and hear testimony by witnesses on behalf of the Senate, reporting back to the full Senate and providing the full senate with a certified transcript of the proceedings that they witnessed. The use of such
7008-457: The representation of the two parties to the trial (the prosecution and the defense). Senators are prohibited from speaking during the questioning stage, so their questions are given to the presiding officer who reads aloud the question to the parties on the senators' behalf. After the questioning stage, further evidence might be brought in and witnesses might be brought in to provide testimony. The Senate may, alternatively, vote to end this part of
7104-446: The rules that have been utilized for United States federal impeachment trials since the 1868 impeachment trial of Andrew Johnson, while others arise from informal convention. After an impeachment is adopted in the House, the House appoints the impeachment managers. After the House has impeached an official, they also send the Senate notification of this action. The Senate, after receiving this notification, then adopts an order informing
7200-403: The senate for all aspects of a lengthy impeachment trial during a busy legislative period. The constitutionality of this rule change was called into question by some senators soon after its passage, motivating the Senate to opt against using a rule committee for the 1936 impeachment trial of Judge Halsted L. Ritter . Its constitutionality was tested by the Supreme Court of the United States in
7296-407: The senators are generally referred to as acting as jurors. However, the 1999 impeachment trial of President Bill Clinton, Senator Tom Harkin objected to the use of the term "jurors", and Chief Justice William Rehnquist agreed with Harkin's position over that of the House impeachment managers (prosecutors), declaring, "The chair is of the view that the senator from Iowa's objection is well taken, that
7392-450: The senators. On January 8, during a closed-door meeting, the Senate unanimously passed a resolution on rules and procedure for the trial. However, senators tabled the question of whether to call witnesses in the trial. The resolution allotted the House impeachment managers and the president's defense team, each, 24 hours, spread out over several days, to present their cases. It also allotted senators 16 hours to present questions to both
7488-472: The single most significant reason people voted for Bush was for his moral character." According to an analysis of the election by Stanford University : A more political explanation is the belief in Gore campaign circles that disapproval of President Clinton's personal behavior was a serious threat to the vice president's prospects. Going into the election the one negative element in the public's perception of
7584-504: The slate of impeachment managers that were thereafter approved by House vote. Some states, such as Pennsylvania , follow the federal model of having members of the lower chamber of the legislature serve as impeachment managers in impeachment trials held in the upper chamber. In some states, such as California and Indiana , all articles of impeachment must be authored by impeachment managers who will then prosecute those articles. Impeachment managers were used in impeachments in some of
7680-431: The state of the nation was the belief that the country was morally on the wrong track, whatever the state of the economy or world affairs. According to some insiders, anything done to raise the association between Gore and Clinton would have produced a net loss of support—the impact of Clinton's personal negatives would outweigh the positive impact of his job performance on support for Gore. Thus, hypothesis four suggests that
7776-674: The statement that lying under oath, while unpleasant and to be avoided, is not all that serious ... We have reduced lying under oath to a breach of etiquette, but only if you are the President ... And now let us all take our place in history on the side of honor, and, oh, yes, let right be done. On February 9, Arlen Specter (a Republican) asked for unanimous consent for parties to take additional discovery, including additional testimony on oral deposition by Christopher Hitchens, Carol Blue, Scott Armstrong, and Sidney Blumenthal in order to investigate possible perjury by Blumenthal. Tom Daschle (a Democrat) voiced objection. On February 9,
7872-435: The trial of Samuel Chase appear also to have been used for the later trials of James H. Peck and West Hughes Humphreys . The exact language of the rules used for previous trials could not be utilized for 1868 impeachment trial of President Andrew Johnson because those rules used wording specific to a trial being presided over by an officer of the Senate (as had been the case for all previous impeachment trials), while
7968-572: The trial itself, such as whether witnesses will be permitted. This also includes guidelines governing the presence of news media within the Senate Chamber. The rules adopted regarding press coverage within the Senate chamber have differed between impeachment trials. This also includes mundane details, such as what beverages may be consumed by senators in the Senate Chamber during the trial. By obscure convention, this has tended to be limited to water, sparkling water, and milk. Minimal guidance
8064-431: The trial of all impeachments". Indeed, since 1868, impeachment trials in the U.S. Senate have been governed by the rules created for the impeachment trial of Andrew Johnson, known as the "Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials". Very few changes have been made to these rules since 1868. The rules were not altered until after the 1935 impeachment trial of Harold Louderback , when
8160-478: The trial of any impeachment the Presiding Officer of the Senate, if the Senate so orders, shall appoint a committee of senators to receive evidence and take testimony at such times and places as the committee may determine. This rule change was motivated by the 1933 impeachment trial of Judge Harold Louderback , which highlighted the difficulties that could be brought by requiring a plenary session of
8256-405: The trial proceedings may be hammered out and procedural work might be undertaken for several days. Senators may set additional rules specific to the trial itself. Documentation provided by both the defense and prosecution are also distributed to senators. Before the argument stage beings, the Senate might hold a vote to formally approve of rules to be used for the trial. In the pleading stage, on
8352-399: The trial without allowing for this. Closing arguments are presented by both the prosecution and the defense. The House managers, representing the prosecution, will both open and close the final argument stage. After the closing arguments, the Senate might opt to vote for senators to hold closed-door deliberations in which they will debate among themselves. The verdict ("judgment of
8448-437: The two articles of impeachment were approved (December 19, 1998). They were named by a House resolution which was approved by a vote of 228–190. On January 6, 1999 (the opening day of the 106th Congress ) the House voted to 223–198 re-appoint the impeachment managers. The Senate trial began on January 7, 1999. Chair of the House impeachment manager team Henry Hyde led a procession of the House impeachment managers carrying
8544-404: The vice president or president pro tempore, in practice is selected by a vote of the Senate. The presiding officer can rule on questions, such as those related to the admission of evidence. Their rulings stand as the Senate's judgment on those particular questions unless the Senate votes to overrule them. Alternatively, the presiding officer can forgo ruling on a question and directly submit it to
8640-517: The workings of an impeachment trial. Its only further specifications are that the chief justice of the United States presides over presidential impeachment trials, and that each senator must swear an oath. Therefore, the remainder of the mechanics of impeachment trials are left to the determination of the Senate itself. The first two impeachment trials in United States history (those of William Blount and John Pickering ) had each had their own individual set of rules. The nineteen rules established for
8736-567: Was a bigger liability to Gore than Clinton's scandals. The 2000 U.S. Congressional election also saw the Democrats gain more seats in Congress. As a result of this gain, control of the Senate was split 50–50 between both parties, and Democrats would gain control over the Senate after Republican Senator Jim Jeffords defected from his party in early 2001 and agreed to caucus with the Democrats. Al Gore reportedly confronted Clinton after
8832-468: Was acquitted on both articles of impeachment, with neither receiving the two-thirds majority needed for a conviction, and remained in office. Under the U.S. Constitution , the House has the sole power of impeachment ( Article I, Section 2, Clause 5 ), and after that action has been taken, the Senate has the sole power to hold the trial for all impeachments ( Article I, Section 3, Clause 6 ). Clinton
8928-416: Was deposed on February 1, Jordan on February 2, and Blumenthal on February 3. On February 4, the Senate voted 70–30 that excerpting the videotaped depositions would suffice as testimony, rather than calling live witnesses to appear at trial. House impeachment managers had wanted to call Lewinsky to testify in-person. Excerpts of the videotaped depositions were played by the House impeachment managers to
9024-402: Was held that day in a closed session. On January 27, the Senate voted on both motions in public session; the motion to dismiss failed on a near-completely party-line vote of 56–44, while the motion to depose witnesses passed by the same margin. Russ Feingold was the only Democrat to vote with Republicans against dismissing the charges and in support of deposing witnesses. On January 28,
9120-409: Was intentionally false, and his statements regarding whether he had ever engaged in sexual relations with Ms. Lewinsky likewise were intentionally false. On the day before leaving office on January 20, 2001, Clinton, in what amounted to a plea bargain, agreed to a five-year suspension of his Arkansas law license and to pay a $ 25,000 fine as part of an agreement with independent counsel Robert Ray to end
9216-520: Was the second U.S. president to face a Senate impeachment trial, after Andrew Johnson . An impeachment inquiry was opened into Clinton on October 8, 1998. He was formally impeached by the House on two charges (perjury and obstruction of justice) on December 19, 1998. The specific charges against Clinton were lying under oath and obstruction of justice . These charges stemmed from a sexual harassment lawsuit filed against Clinton by Paula Jones and from Clinton's testimony denying that he had engaged in
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