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

See all articles by Seth Barrett Tillman

Seth Barrett Tillman

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

Date Written: December 9, 2019

Abstract

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

Tillman, Seth Barrett, Reading the Senate Rules of Impeachment Litigation: A Response to Hurd and Wittes (December 9, 2019). 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). Available at SSRN: https://ssrn.com/abstract=3499577 or http://dx.doi.org/10.2139/ssrn.3499577

Seth Barrett Tillman (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

Ollscoil na hÉireann, Má Nuad
New House (#306)
Maynooth, County Kildare
Ireland
(353) (0) 1474-7216 (Phone)

HOME PAGE: http://law.nuim.ie/staff/mr-seth-barrett-tillman

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