It just dawned on me. (Senate trial)

[grantcart]

40. Wrong on so many levels, where to start?

1) There are 44 rules of the Senate and once they are implemented they are virtually never changed. The current rules were adopted in 2000 and unchanged since then (except for the addition of the rule 43 on earmarks). The so called "nuclear option" has been used twice on a very narrow basis pertaining to cloture on judicial appointments (Dems making a majority vote for all federal appointments except the SC and the Republicans to include the SC). The rule on cloture is the most frequently changed rule and has been changed (as far as I know) only a few times in over a hundred years. Besides the 2 narrow changes referred to above there have been a few changes over the last 100 years, the last being in 1975.

Besides the few changes in cloture the Senate Rules remain unchanged after adopted. Any change would require a 60 vote margin.

However during an impeachment trial the Presiding Officer of the Senate doesn't have the power to introduce any rules changes because the regular business is suspended and the floor of the Senate is handed over to the presiding officer of the court. In other words no rule change or legislation can be introduced once the trial has started and the floor of the Senate has been given to the Presiding Officer of the Court to conduct the trial.

2) As to the assertion there are no rules specific to the impeachment of the President, that is also not based on fact.

a) The constitution names the Supreme Court Justice as the presiding officer of the Court

When the President of the United States is tried, the Chief Justice shall preside

b) The Senate rules on impeachment are in 12 parts and are very explicit. For example it details the exact time the impeachment trial will start with the oath of jurors:

At 12:30 o’clock afternoon of the day appointed for 108
the return of the summons against the person impeached,
the legislative and executive business of the Senate shall
be suspended, and the Secretary of the Senate shall administer
an oath to the returning officer in the form following,
viz: ‘‘I, ——— ———, do solemnly swear that the return
made by me upon the process issued on the —— day of
———, by the Senate of the United States, against ———
———, is truly made, and that I have performed such serv
ice as therein described: So help me God.’’ Which oath shall
be entered at large on the records.

c) The Constitution (as referenced above) details that the CJ of the SC will be the presiding officer of the court.

When the impeachment starts the presiding officer of the Senate ceases having power (as all business is suspended, see above) and the power of the floor of the Senate goes to the Presiding Officer of the Court, which in the case of the President is the Chief Justice of the Supreme Court.

The Presiding Officer of the Court has the following powers and responsibilities, per Senate Rules

the
Presiding Officer on the trial shall direct all the forms of
proceedings while the Senate is sitting for the purpose of
trying an impeachment, and all forms during the trial not
otherwise specially provided for. And the Presiding Officer
on the trial may rule on all questions of evidence including,
but not limited to, questions of relevancy, materiality, and
redundancy of evidence and incidental questions, which
ruling shall stand as the judgment of the Senate,

It is clear that the CJ of the SC will have sole authority to rule on evidence and whether or not they are material. Those rulings could be appealed to the entire Senate:

unless
some Member of the Senate shall ask that a formal vote
be taken thereon, in which case it shall be submitted to
the Senate for decision without debate; or he may at his
option, in the first instance, submit any such question to
a vote of the Members of the Senate. Upon all such questions
the vote shall be taken in accordance with the Standing
Rules of the Senate.

The rules of who is in charge are clear: Chief Justice Roberts will be the Presiding Officer of the Court and he cannot be interrupted by the Presiding Officer of the Senate until the trial is completed because all Senate business is suspended until the trial is over.

The power of the Presiding Officer on admissibility of witnesses and evidence is clear, Chief Justice Roberts will make all rulings.

Appealing any particular ruling of the Supreme Court is possible but would follow the standing rules of the Senate requiring a 60 vote majority for passage. There may be a couple of Senators who might want to try and over turn the legal decision of the Chief Justice (actually I don't think any will) but there can be no expectation that a majority would overturn a ruling on the material relevance of evidence in an impeachment trial, let alone a 60 vote majority.

Any attempt to turn the trial into a circus with non relevant conspiracy issues, etc, will come under the authority of Roberts.