Stop Calling It a ‘Trial.’ Senate Impeachment Proceedings Had No Resemblance to One
Cleveland Plain Dealer / cleveland.com
impeachment, Trump, Senate
The Constitution is crystal clear: The Senate, when sitting to rule on impeachment, “shall have the sole Power to try.” Thus, we learn, what we witnessed this month was an impeachment “trial.” Indeed, we heard attorneys making “opening statements;” debates over presentation of “evidence” into the “record;” and terms like “opposing counsel,” and “jurisdiction.” But that’s where the resemblance ends. The Senate proceedings were as remote from a real “trial” as legally possible.
Kalir, Doron M., "Stop Calling It a ‘Trial.’ Senate Impeachment Proceedings Had No Resemblance to One" (2021). Law Faculty Articles and Essays. 1173.