Not sure if this has been asked before BUT

[bluestarone]

IF the impeachment process gets to the SENATE, Who makes the rules? Is it McTURTLE OR is it Chief Justice Roberts? Also is there an appeal process for tRUMP if he is found guilty? TY

[FBaggins]

1. No appeal process

The Senate makes the rules (which in practice would mean that Republicans would make them)

[bluestarone]

2. I understand that is NOT completely clear in the constitution?

Also to the first part on my question,would it be Mcturtle or chief justice Roberts that lead the investigation?

[lunatica]

3. I don't think the Supreme Court does any investigation at all

Their job is to decide whether rulings by lower court judges are Constitutional. That’s it. For example when it comes to Roe v Wade, their ruling wasn’t about abortion in itself. It was about whether women had the right to choose what to do with their own bodies. They ruled that a woman’s right over her body supersedes the government or any other person.

[euphorb]

5. The question wasn't about the Supreme Court.

Under the Constitution, when the Senate tries an impeachment, the Chief Justice presides over the trial. But the Supreme Court, as such, has no role.

[MineralMan]

7. That's correct. The Supreme Court's role in a Senate impeachment trial

is that the Chief Justice presides over the trial in the Senate. That's it. The SCOTUS has no investigative powers.

We've had one presidential impeachment tried in the Senate in recent history. One, and that's it. That's the only model we have to look at. Clinton was not removed from office by the Senate. In fact, NO PRESIDENT HAS EVER BEEN REMOVED FROM OFFICE by the Senate.

Nixon didn't even have an impeachment in the House. He resigned before that could occur.

The Senate proceedings in the Clinton case were handled a lot like a trial. I'd have to go back and review what happened exactly, since I can't remember the details now.

House impeachment proceedings involve investigations and committee hearings. That's a different process altogether. The Senate serves a a jury in the second phase. a 2/3 vote is require to remove an official from office. That makes it almost impossible if the Senate has a majority of the same party as the President. That's especially true with Trump. There is zero chance of removal at this time. Only if Trump does something outrageous enough to piss off a lot of Republican Senators could he be removed, and that seems unlikely.

Taken in whole, if an impeachment proceeding started today, it would still be going on in 2020. That would seriously affect our presidential election process, probably to the extent that it would throw the whole thing into unknown territory. That's why there's not going to be any impeachment in the House, nor a trial in the Senate. There's an election involved.

[lunatica]

9. So is it correct tha only the Supreme Justice can preside over

A trial of the President?

[MineralMan]

13. The Constitution requires the Chief Justice to preside.

So, that's what would happen. The Constitution rules in such things.

[FBaggins]

4. Actually, the Constitution is crystal clear on the topic

The Senate has the sole power to try impeachment’s and the Senate makes its own rules.

The Chief Justice’s role is merely ceremonial.

Keep in mind that this isn’t new. Prior impeachments show how it works in practice.

[bluestarone]

6. TY! so does the chief justice determine whether or not (and when)the senate does their job?

Can Mcturtle refuse (or postpone) to do what they need to do?

[Shrike47]

8. The Chief Justice doesn't make any rules. The Senate controls the timing.

[bluestarone]

10. OK gotcha TY

So they really could stall the process IF the wanted too!

[FBaggins]

11. Worse

There’s no need to stall. They could even insist that the prosecutors (the House picks those) submit everything confidentially... and then just vote against conviction.

[bluestarone]

12. WOW! Bad deal for sure

AND they WOULD do THIS!! ALL this for the dirtiest bastard on earth!!