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Stinky The Clown

(67,841 posts)
Fri Feb 12, 2021, 10:34 PM Feb 2021

Couple of questions about impeachment trial customs, regulations, and procedures

Fact 1. During the course of the proceedings, more than a few of the GOP Senators (Jurors) met privately with counsel for the accused.

Fact 2. During the course of the proceedings, more than a few of the GOP Senators (Jurors) left the Senate Chambers (courtroom) during testimony.

* * * * * * * * * * *

Q 1. Surely that can't be right. Is that some sort of jury self-tampering? Can said jurors be excluded from voting?

Q 2. Can said jurors be excluded from voting?

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Couple of questions about impeachment trial customs, regulations, and procedures (Original Post) Stinky The Clown Feb 2021 OP
Short answer to both questions is no... Wounded Bear Feb 2021 #1
This is not a criminal proceeding relayerbob Feb 2021 #2
No, it's not a real trial at all. The Velveteen Ocelot Feb 2021 #3

relayerbob

(6,561 posts)
2. This is not a criminal proceeding
Fri Feb 12, 2021, 10:40 PM
Feb 2021

Unless specifically forbidden (which it was not), during creation of the rules agreed upon prior to the impeachment, they can pretty much do whatever they want. They aren't "jurors", this isn't an actual jury, they are Senators sworn in to make them feel guilty. There are no penalties for their actions nor expectations on their behavior.

The Velveteen Ocelot

(115,987 posts)
3. No, it's not a real trial at all.
Fri Feb 12, 2021, 10:49 PM
Feb 2021

It's more like a performance review panel, a more formal version of when a board of director considers whether to fire the CEO. It's called a trial because lawyers argue for or against the question of whether someone should lose their job (or, as in this case, never be eligible for the job again), but no other consequences can occur - no fine, no jail. The "jury" isn't a real jury and there are no rules prohibiting senators from voting. It's unethical as hell for Senators to confer with Trump's lawyers but nothing prohibits it.

Here are the rules: https://www.senate.gov/artandhistory/history/resources/pdf/3_1986SenatesImpeachmentRules.pdf

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