The Wandering Senators: Are Lawmakers Allowed To Roam About During Trial? [View all]

[turbinetree]

By Kate Riga
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January 23, 2020 1:06 p.m.

Reporters present at the impeachment trial in the Senate have noticed a whole host of lawmakers wandering in and out of the chamber during the lengthy days, which earlier this week stretched on until 2 a.m. ET.


A tally from freelance reporter Michael McAuliff during Wednesday’s proceeding:


Michael McAuliff
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@mmcauliff
Just counted 21 empty seats on the GOP side of the Senate, 2 on the Dem side, a couple hours into Schiff's presentation. Some are just stretching their legs, but most are not in the chamber. Some of them have been out of there for a while.

The observations raise two issues: one of legality and one of optics.

Is It Allowed?
Nothing in the official Senate impeachment rules forbids it. The rules, dating from March 2, 1868, make little mention of the chamber at all, except to determine that the doors to the Senate should be left open, unless the members are in deliberations.

Senate leaders Mitch McConnell (R-KY) and Chuck Schumer (D-NY) circulated their own guidance ahead of the trial, where they made passing mention of the attendance expectations.

https://talkingpointsmemo.com/news/senators-impeachment-trial-chamber

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Meanwhile, some of those who may have the most to lose by being sequestered stayed securely in place for the duration on Wednesday. According to CNN, Sens. Elizabeth Warren (D-MA) and Amy Klobuchar (D-MN), both running for President, stayed in the chamber for the entirety of the proceedings. They were reportedly joined by Sens. Lisa Murkowski (R-AK) and Susan Collins (R-ME), two of the most scrutinized lawmakers due to their past willingness to vote with Democrats.