Senate Trial
(12/19/98)
The next step in the impeachment process is to put the President on trial in the Senate. But how do you try a President by a jury of his peers? News Specialist Pamela Davis has been looking into the procedure for a senate impeachment trial.
The answer is, you can't. And you cannot find an impartial jury that knows nothing about the case. There's a lot about this trial that might not seem exactly fair. But Senator Bob Bennett says the process is as fair as our founding fathers could make it.
A trial in the Senate is a near certainty for President Clinton. The cast of characters is falling into place:
- Chief Justice of the Supreme Court, William Rehnquist -- would be the Judge.
- Henry Hyde, leader of The House of Representatives -- would be the Prosecutor.
- President Clinton's lawyers would put on the Defense.
- Our 100 U.S. senators would serve as the Jury.
Each side would present its case in front of the judge and jury. Senator Bob Bennett says he doubts the prosecution would call any witnesses. But the defense might, and that could lengthen the trial.
When the prosecution rests and the defense rests, the senators go into closed deliberations, just like a jury. Unlike a jury, when the senators deliberate, each one can speak for only fifteen minutes. Senator Bennett explains, "Once deliberations are over, the doors are opened again. Senators take their seats at their desks onthe floor of the senate, and the roll is called. And the senator is required to stand at his desk and vote guilty or not guilty."
It would take a two-thirds majority to convict and remove the President. If 67 senators voted guilty, Bill Clinton would no longer be President the moment the vote was announced.
But it might not get to that point. At any time before the vote, a simple majority of senators can vote to dismiss the trial. That could happen if an agreement about censure is reached. "Censure is clearly what we're talking about," Senator Bennett says. "Something like Senator Dole has proposed, which would be a combination of a censure and a heavy financial penalty."
The Senate will not officially receive the articles of impeachment until the senators come back in session on January 6th. Bennett says he doubts the trial would begin before February.
