Reading the Senate Rules of Impeachment Litigation: A Response to Hurd and Wittes
Seth Barrett Tillman, Reading the Senate Rules of Impeachment Litigation: A Response to Hurd and Wittes, Lawfare: Hard National Security Choices (Dec. 9, 2019, 12:16 PM)
2 Pages Posted: 17 Dec 2019
Date Written: December 9, 2019
Hurd and Wittes also write:
Ideally, the president would want to win on a motion to dismiss and jettison the whole trial entirely. So, first things first. Does there have to be a trial? It would be pretty hard to worm out of holding any trial at all. Art. I, § 3 cl. 6 gives the Senate sole power to try impeachments, suggesting though not specifically saying there is a duty to do so, while Rule 3 presumes that a trial will commence after the articles are presented.
Hurd and Wittes are equating a “trial” with a full trial on the merits, with all the bells and whistles, witnesses and all. I know of no firm judicial support for this interpretation, and they cite none.
Suggested Citation: Suggested Citation