Outgoing Senate Majority Leader Mitch McConnell
MORE (R-Ky.) Sent a memo to colleagues on Friday outlining the procedure for holding another trial for President Trump
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The document, first reported by The Washington Post, explains how the Senate would proceed if the House approves the impeachment articles and sends them to the upper house before or by January 19, when senators are scheduled to conduct their regular business. will resume after the January recess.
McConnell says the most likely scenario if the House impeaches Trump during his last 12 days in office is that the Senate will receive a message from the lower house to notify it of the action Jan. 19. That would then give the Senate the ability to order the home administrators to present those articles on the same day.
The senate’s impeachment rules require the senate to “proceed to their consideration,” at 1:00 p.m. the day after the managers exhibited the articles.
As a result, the Senate trial would not begin until an hour after the president-elect Joe Biden
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“The Senate trial would therefore begin after President Trump’s term of office expires – either one hour after it expires on January 20, or twenty-five hours after it expires on January 21,” the memo said.
The document has been confirmed by a source familiar with its contents.
McConnell’s memo notes that the Senate, which will hold pro-forma sessions until Jan. 19, the day before Biden takes the oath of office, cannot conduct business at those pro-forma meetings without unanimous consent.
The GOP leader notes that this would prevent the Senate from acting on articles of impeachment received from the House until Biden is president, raising an implicit question as to the point of such an exercise.
“It would require the permission of all 100 senators to do anything during the pro forma sessions scheduled before January 19, and therefore the permission of all 100 senators to begin acting on articles of impeachment during those sessions,” the said. memo states.
The document notes that the Senate “may receive a message announcing that the House has impeached the president” while the Senate is on pause, but the Senate secretary would not notify the chamber of the message until the next regular session, which is scheduled. before January 19.
What is unclear is whether Chief Justice John Roberts would chair the trial, as Trump will no longer be president of the United States at 1:00 p.m. on January 20, the earliest trial that could begin without the consent of all 100 senators.
The Senate impeachment rules state that, unless the Senate orders otherwise, once the trial has begun, the Senate will “remain in session from day to day (excluding Sundays) … until the final judgment is pronounced.” said McConnell’s memo.
Two Republican senators said on Friday that they may support new articles of impeachment against Trump over his incitement to the riot in the Capitol on Wednesday.
Her. Ben Sasse
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“If they come together and have a trial, I will definitely consider what articles they could move because as I said, I believe the president has ignored his oath of office,” Sasse said.
He has sworn an oath to the American people to preserve, protect, and defend the Constitution. He acted against that, ‘he added. “What he did was bad.”
Her. Lisa Murkowski
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‘I want him to quit. I want him out. He’s done enough damage, ”she said.
Murkowski said Trump only wants to remain in office “for the title” and has largely given up reign.
‘I think he should leave. He said he wouldn’t show up. He will not appear … at the inauguration. He’s not focused on what’s going on with COVID. He’s been playing golf or he’s been in the Oval Office and has thrown everyone who has been loyal and faithful under the bus, starting with the vice president, ”she said.
It would take a vote of two-thirds of the senate or 67 senators – if all are present – to remove Trump from office by January 20. That means at least 17 senators would have to vote with all 50 members of the Senate Democratic caucus. for a conviction.
The Hill has contacted McConnell’s office for comment.
Jordain Carney contributed.
Updated: 10:45 am