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In reply to the discussion: What happens if fifty-one Senators vote to convict in the Senate?? [View all]onenote
(42,690 posts)25. As long as 2/3 don't vote to convict, he can say he was acquitted.
Not guilty and acquitted are synonymous from a legal standpoint. And this is not like a typical criminal trial in which the jury's verdict must be unanimous and the result of a divided jury is neither a verdict of guilty or not guilty. Anything less than 2/3 in a Senate trial is a verdict of not guilty and thus, acquittal.
This is confirmed by the Senate's rules governing impeachment trials:
XIII. [SNIP] "On the final question whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of the Members present, a judgment of acquittal shall be entered"
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It's a preventative measure to make sure removal is a bipartisan decision.
bearsfootball516
Dec 2019
#3
The point of the OP was to ask if he could be removed with a simple majority of 51 votes
Polybius
Dec 2019
#39
What happens? Nothing. It's back to the everyday grifting and tweeting. Golf anyone?
Vinca
Dec 2019
#27
I'm not certain the general public would view a vote to convict Trump, 51 or more Senators...
kentuck
Dec 2019
#28
Great point, but the majority voted not guilty on one and then tied for the other
Polybius
Dec 2019
#41
Unless 25 Senators decide to take a vacation outside of DC on the day of the vote...
krispos42
Dec 2019
#45