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February 04, 2021 10:45 AM UTC

House Impeachment Managers Playing Chess, Not Checkers

  • 11 Comments
  • by: Colorado Pols

The plot thickens!


The (second) Senate impeachment trial against former President Trump is set to begin on Tuesday, Feb. 9.

Comments

11 thoughts on “House Impeachment Managers Playing Chess, Not Checkers

  1. Has the Senate passed the set of rules for this trial yet?  So far, the only things passed I know of laid out a calendar for a reply to the impeachment article, trial briefs, rebuttal of the defense brief, and the start of the trial. 

    Apparently, there is some agreement on who will preside, but congress.gov does not have any "related bills" on their website.  Nor have I seen rules on amounts of time, whether witnesses or affidavits may be introduced, and if such testimony will be given to the whole Senate or a committee (as was done with Clinton).

  2. This feels like there needs to be a way to compel testimony or hold him in contempt with meaningful penalty. 

    Otherwise, what stops him from being the circus clown performer that he is and steal the headlines, redefining the message and inciting motivating his supporters? 

    1. He has potential criminal liability, so he'll retain Fifth Amendment rights.  The last thing that should happen is any kind of immunity in exchange for his testimony.  

    2. If I remember correctly, only the Senate as a whole or a committee chair can issue a subpeona for testimony, and if the subject refuses, the Senate as a whole can vote to turn it over to the Justice Department to pursue in court.

      "Inherent Contempt," where the chambers of Congress can enforce their own subpoenas hasn't been used since the 1930s. There is some question about if it could be used on government employees of the Executive Branch or if it can be pushed into the courts.

        1. He can be ordered to appear under a subpoena, but cannot be compelled to testify over his Fifth Amendment rights absent a grant of immunity.  Appearing but invoking the Fifth is not contempt. 

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