Stop Calling It a ‘Trial.’ Senate Impeachment Proceedings Had No Resemblance to One

Authors

Doron M. Kalir, Cleveland-Marshall College of Law, Cleveland State UniversityFollow

Document Type

Op-Ed

Publication Date

2-19-2021

Publication Title

Cleveland Plain Dealer / cleveland.com

Keywords

impeachment, Trump, Senate

Abstract

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.

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Original URL

Repository Citation

Kalir, Doron M., "Stop Calling It a ‘Trial.’ Senate Impeachment Proceedings Had No Resemblance to One" (2021). Law Faculty Articles and Essays. 1173.
https://engagedscholarship.csuohio.edu/fac_articles/1173