Thread by @ChadPergram

1) The Hitchhiker’s Guide to the Senate Trial on Saturday

2) What is expected to be the final day of President Trump’s second impeachment trial will begin at 10 am et Saturday. We anticipate a final vote on the guilt or innocence of the former President as early as midday. But more likely, early afternoon.

3) One unresolved question is whether there will be an effort to summon evidence and documents in the case. The Senate has concluded the Q&A portion of the trial. The organizing resolution for the trial indicates that questions of bringing in evidence or witnesses is next.

4) It’s possible the Senate could have separate debates and votes on BOTH questions (evidence and witnesses). In a WORST case scenario (not very likely), the resolution provides for two hours of debate on each subject, followed by a vote.

BUT…

5) It’s possible, if there is no request for evidence and documents that the Senate could just skip over this part and speed to what the organizing resolution calls “final arguments.”

6) If the latter is the case the Senate could just agree, via unanimous consent, to bypass the sections of the trial framework dealing with evidence and witnesses. That would have to be addressed on the floor. But in this scenario, would only take a few moments.

7) It is generally understood that asking for evidence or witnesses would really stretch out the trial. In fact, the trial would likely go dark on the floor for a couple of weeks as both sides would have to depose witnesses and go through the legal “discovery” process.

8) Senate Majority Leader Chuck Schumer (D-NY) repeatedly says it is up to lead impeachment manager Rep. Jamie Raskin (D-MD) to determine if he wants witnesses. That’s not entirely true. Defense counsel is also afforded a similar opportunity to request evidence and witnesses.

9) And moreover, the overall question evidence and witnesses is decided by the Senate via a majority vote.

10) So, we may see a little action on the floor pertaining to evidence and documents. There COULD even be a roll call vote or two. But it’s more likely that the Senate will go to hastily to “final arguments.”

11) The trial framework allows for four hours of final arguments, equally divided, by the impeachment managers and the President’s defense counsel. We DO NOT hear from senators. They do NOT debate the guilt or innocence on the floor. Senators are jurors. They just vote.

12) During the final vote, we expect senators to be seated at their desks. The Clerk will call the roll alphabetically.

Senate impeachment rule XXIII (23) states that “each Senator, as his name is called, shall rise in his place and answer: guilty or not guilty.”

13) This vote will likely consume less than ten minutes.

In the impeachment trial of President Clinton in 1999, the late Sen. Arlen Specter (R-PA) rose from his desk and voted “not proven.”

14) He added “therefore, not guilty.” Specter was citing a provision in Scottish law where juries can decide a case as “proven” or “not proven.” Senate Clerks weren’t quite sure what to do with Specter’s vote. Senate rules are specific to

15) A two-thirds vote is needed to convict.