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Senate Trial

If Articles of Impeachment pass the House, the President is official impeached and a trail by the Senate will begin. Listed below are the steps of the Senate Trial.  I will update this document as needed.

Preparation for a Trial - The House of Representatives will select who among their ranks will operate as the 'prosecutors' for the trial. They may also bring in outside counsel and subpoena further witnesses and documents. The Senate will issue a writ of summons or subpoena for President Trump. The Senate will also vote on rules much like the House does during the earlier Impeachment phase. They too may bring in outside counsel for defense.

Trial - The trial operates similarly to a criminal trial. President Donald J. Trump will be listed as the defendant. President Trump will have a defense team. The House will have prosecutors. Chief Justice Johns Roberts will preside as judge and the whole of the Senate will function as the jury. But this is where the analogy ends. The requirements for criminality, culpability, evidence and conviction do not apply to a Senate impeachment trial. It is a 100% political process regardless of case law, evidence, etc....

Deliberation - After the House and defendant have rested their cases, the Senate will deliberate on what they have been presented.

Vote on Conviction - Each Article of Impeachment is individually voted upon. If any of them receive a 2/3rd majority vote, President Trump will immediately be removed from Office. Vice President Mike Pence would then be sworn into office as interim President.

The Senate may also vote on disqualification. That is a denial of the convicted from ever holding public office again. This vote only requires a simple majority from the Senate. Historical note: Only 3 people have ever been disqualified after a Senate impeachment trial.

Appeal - If convicted and removed from office, President Trump will not have the opportunity to appeal and no recourse from the Supreme Court can over turn it.

Pardon - If convicted and removed from office, he cannot be pardoned. Impeachment and removal from office is the one act a president cannot pardon.

Criminal Prosecution - The Department of Justice has as policy to not indict a sitting president. This was a major aspect to end result of Robert Mueller's Special Counsel Investigation. If President Trump is removed from office, it is suspected that he will be indicted by the Department of Justice on charges related to said investigation.

Last edited by SpokenTruth - on 28 November 2019

Massimus - "Trump already has democrat support."