My Dad had this to say today, and asked me to share...
“Please don’t be misled by the implication that the Senate,
or even the Republican party is responsible or even capable
to defend Trump. The Senate (all members), by
constitutional law and without recourse, is the jury. The
Chief Justice of the Supreme Court, by constitutional law is
the Judge. Trump is clearly entitled by law to his own
defense, and to choose his own lawyers in presentation of
his defense.
The Justice Department is responsible for investigation and
impartial and truthful presentation of reliable evidence
related to matters at trial..
My theory is that it is NOT up to ANY member of the Senate
to conduct this trial (they are all on the jury). It
actually must be conducted by the Supreme Court. Trump
should appeal directly to the Supreme Court for speedy
process of this trial as fundamental due process for him.”
(I’ll share with him any responses back.)
(P.S. He kinda liked that Barr/Shiff slap-down Gif that’s
floating around...) ;-)
~Easy
The House conducts its own investigation, and decides whether it wants to prosecute and impeachment. If it decides to do so, it engages the senate as the tribunal. Rules for conduct of the trial are by the senate, but presentation of the case to the senate is by the house. The senate decides which, if any witnesses it wants to learn from directly. All that depends on the issues specific to the case in hand.
CJ SCOTUS is there to make sure the senate follows its own trial rules. CJ Scotus determinations can be overridden by the senate.
This loosey-goosey legislative branch only approach is tolerable because the stakes are not criminal. The public decides if Congress conduct is good enough.
That’s not how it works. Those of us who were here during the Clinton Senate trial debacle can tell you that the Senate gets to decide how the trial will be run, vote on any and all witnesses and whether they will be allowed, and vote on any evidentiary rulings. The Chief Justice is there, and can perhaps be more involved than CJ Rehnquist was, but they have no power except unless asked for guidance. Rehnquist was basically a potted plant, and wore a robe that came from a Broadway play.
The Senate is Judge and Jury.