LegiStorm

Summary:

After the House impeaches a federal officer, the Senate conducts a trial to determine if the individual should be removed from office. The Senate has a set of rules specific to the conduct of an impeachment trial, most of which originated in the early 19th century. The impeachment rules lay out specific steps that the Senate takes to organize for a trial. House managers (Members of the House who present the case against the impeached officer in the Senate) read the articles of impeachment on the Senate floor. The presiding officer and Senators take an oath to do impartial justice, and the Senate issues a “summons” to the accused and requests that a written answer be filed. The House managers are also invited to respond to the answer of the impeached officer. Actions after these organizing steps, however, are not specified in the impeachment rules. The impeachment rules mention some actions that are common in judicial trials, such as opening and closing statements by the parties to the case and the examination of witnesses, but provide little specific guidance. Instead, the rules allow the Senate, when sitting for a trial, to set particular procedures through the approval of “orders.” Some orders of the Senate are unanimous consent agreements, but others are proposals adopted by the Senate. If such a proposal is considered while the Senate is sitting for the trial, then debate by the parties to the case (the House managers and the counsel for the accused) is limited to one hour for each side. As a result, the support of three-fifths of the Senate to invoke cloture is not necessary to reach a vote to approve a procedural proposal. Such proposals are subject to amendment, which are also debated by the parties for one hour each side. Compared to when the Senate meets in legislative and executive session, the opportunity for individual participation by Senators in a Senate trial is limited. The rules require that any debate among Senators take place in closed session. Senators can make motions under the impeachment rules, but these rules are silent on what motions can be offered, and when. In modern trials, when Senators proposed motions, it was often pursuant to a previously-agreed-to order of the Senate. Senators can also submit written questions during the trial—to House managers, counsel for the impeached officer, or witnesses—that the presiding officer presents on their behalf. Orders of the Senate, however, might structure the time and process for posing questions. During the open portion of an impeachment trial, Senators spend most of the time listening to arguments presented by House managers and counsel for the impeached officer. Impeachment Rule XI allows the Senate to create trial committees to hear and consider evidence and report it to the Senate. Such committees were not intended to be used for presidential impeachments, but four of the seven impeachment trials completed since 1936 concerned federal judges, and in each of these cases the Senate established a trial committee. When the Senate meets in closed session to deliberate, each Senator may speak only once on each question. Such remarks are limited to 15 minutes on the final question—whether the impeached officer is guilty or not guilty—and to 10 minutes on other questions. On the final question, Senators respond “guilty” or “not guilty” on each article of impeachment. The support of two-thirds of Senators present on an article is necessary to convict. The presiding officer of a trial operates much like the presiding officer in regular Senate session, in that the chair may issue an initial ruling, but any Senator could request that the full Senate vote instead. Because of the debate limitations in the impeachment rules, procedural decisions appealed or submitted by the chair can be reached with majority support. In a presidential impeachment trial, the Chief Justice of the United States is the presiding officer. Although the impeachment rules prescribe that the Senate convene at noon for a trial, six days a week, a Senate majority can alter this schedule. It is possible for the Senate to conduct legislative and executive business on the same calendar days that it meets for a trial, but it must meet in legislative or executive session to do so. When the Senate is sitting as a Court of Impeachment, legislative and executive business cannot occur. The information presented in this report is drawn from published sources of congressional rules and precedents, as well as the public record of past impeachment trial proceedings. It provides an overview of the procedures, and some past actions, but should not be treated or cited as an authority on congressional proceedings. Authoritative guidance on the interpretation and possible application of rules and precedents can be obtained only through consultation with the Office of the Senate Parliamentarian