The Trump Trial Isn’t a Criminal Proceeding, and the Senators Aren’t Jurors

This isn’t, strictly speaking, a trial judge. Photo: Hilary Markiewicz/Senate Television via Getty Images Quite understandably, those trying to explain or interpret the Trump impeachment trial often try to make the proceedings more relatable to the reading or viewing public by analogizing them to criminal trials they may have participated in as jurors or spectators or learned about in the vast storehouse of pop-culture courtroom depictions.

But it’s worth remembering that an impeachment trial of a president of the United States isn’t, strictly speaking, a criminal trial at all. Certainly, the constitutional Founders and the senators who fashioned their chamber’s standing rules on impeachment trials were certainly influenced by their own experiences with the Anglo-American judicial tradition.

If Roberts is as much a legislative presiding officer as a “judge” in this trial, senators are part judges and part jurors. Some have directly analogized them to trial jurors, insofar as they remain silent during the trial itself and take an oath of impartiality. But, as Marimow notes, they are nothing like jurors in other respects:

In criminal trials, of course, jurors cannot overrule the trial judge on procedural and evidentiary rulings, either. Yes, the “juror” identity is popular among senators who don’t want to make their opinions known about matters under discussion in the trial until it’s over. But it’s mostly a fiction. There’s nothing in law or tradition that keeps one of these “jurors” from stepping out of the Senate’s silent cocoon and waxing eloquent in interviews.

The rules are way too lax for a trial of this magnitude. They defy logic. There should also be a check on the managers/counsel because it’s appalling how some of them (specifically Sekulow and Cipollone) are behaving. It’s disrespectful to all of us.

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Trump impeachment trial: What to expect as the Senate trial resumesOne contentious issue will be whether to call witnesses. Democrats want to call John Bolton and others. But some GOP senators say that's unnecessary.
Source: USATODAY - 🏆 100. / 63 Read more »

How the Trump Impeachment Trial Rules Compare to Clinton's TrialTrump notably blocked at least 12 potential witnesses from testifying in the House’s impeachment inquiry Should’ve subpoenaed them. It’s not foreign aid. It’s a money-laundering scheme. Send US money abroad Launder it Pay yourself and your kids back in US.
Source: YahooNews - 🏆 380. / 59 Read more »

Trump impeachment trial live updates: Democrats begin 3 days of opening argumentsRep. Adam Schiff: 'I recognize there will be times during the trial that you may long to return to the business of the Senate... but not before you decide what kind of democracy that you believe we ought to be.' Make it stop! Thank God for the Food Network! If I have to listen to Adam Schiff talk for 2 more minutes I would puke. How many times do we have to hear the same crap over and over and over....... Hillary probably emailed them about it You git em, Adam!
Source: ABC - 🏆 471. / 51 Read more »

Trump says his side in impeachment trial has ‘all the material’Democrats accused the president of boasting about obstructing Congress after a Davos press conference. realchriswilson Sounds like Classic obstruction to me 🤷🏼‍♂️
Source: YahooNews - 🏆 380. / 59 Read more »

Democrats launch first salvo at trial, accuse Trump of corrupt schemeSenator Lindsey Graham said that Democrats are 'on a crusade to destroy this man and they don't care what they destroy in the process of trying to destroy Donald Trump' Projecting again Lindsay? back in 1999
Source: Reuters - 🏆 2. / 97 Read more »