Outgoing majority leader in the Senate Mitch McConnell
Addison (Mitch) Mitchell McConnellMcConnell expels the Senate weapons sergeant after Capitol riots Capitol Police rejected the National Guard’s offer of help days before the deadly riot: Shellshocked GOP report ponders future with Trump MORE (R-Ky.) On Friday he distributed a memo to colleagues describing the procedure for holding another trial for President Trump
Donald Trump Capitol Police Officer Dies After Riot Donor who gave Hawley millions asks Senate to censor him for ‘irresponsible’ behavior Kellyanne Conway condemns the violence and supports Trump in a statement about Capitol disturbances MORE if the Chamber impeaches it for the second time in just over a year.
The document, which was first released by The Washington Post, describes how the Senate would proceed if the House passed impeachment articles and passed them on to the upper house before or until January 19, when senators are expected to resume regular business after the Recess. of January.
McConnell says the most likely scenario, if the House dismisses Trump in his last 12 days in office, is that the Senate receives a message from the lower house notifying him of the action on January 19. This would then give the Senate the option of ordering House directors to present those articles on the same day.
The Senate’s impeachment rules require that at 1 pm the day after the articles are displayed by the administrators, the Senate “must proceed with their consideration”, states the memo.
As a result, the Senate trial would not begin until an hour after the president-elect Joe Biden
Joe BidenCapitol Policeman dies after riots Rep. Joaquin Castro wants to prevent the federal government from naming buildings and properties in honor of Trump Tucker Carlson: Trump ‘recklessly encouraged’ Capitol troublemakers MORE takes the oath of office.
“The Senate trial, therefore, would begin after the end of President Trump’s term – an hour after it ends on January 20, or 25 hours after it ends on January 21,” states the memo.
The document was confirmed by a source familiar with its contents.
McConnell’s memo notes that the Senate, scheduled to hold pro forma sessions until January 19, the day before Biden takes the oath of office, cannot conduct any business during those pro forma meetings without unanimous consent.
The Republican Party leader notes that this would prevent the Senate from acting on any impeachment articles received from the House until Biden is president, raising an implicit question about the purpose of such an exercise.
“It would require the consent of all 100 senators to conduct any business of any kind during the pro forma sessions scheduled before January 19 and, therefore, the consent of all 100 senators to begin acting on any impeachment article during these sessions ”, the memo states.
The document notes that the Senate “may receive a message announcing that the House is impeaching the President” while the Senate is in recess, but the Senate Secretary will not notify the House of the message until the next ordinary session, which is scheduled for 19 January.
What is not clear is whether court president John Roberts will preside over the trial because Trump will no longer be president of the United States at 1 pm on January 20, the earliest a trial could begin without the consent of all 100 senators. .
The Senate’s impeachment rules state that, unless the Senate orders otherwise, once the trial has started, the Senate “will continue in session day after day (except Sundays) … until the final judgment is rendered , ”According to McConnell’s memo.
Two Republican senators on Friday indicated that they could support new impeachment articles against Trump for his incitement to Wednesday’s Capitol riot.
Sen. Ben Sasse
Ben Sasse GOP senators blame Trump after the mafia runs over Capitol Trump is convicted of mafia actions on Capitol Sasse blames Trump for the Capitol turmoil: ‘Lies have consequences’ MORE (R-Neb.) I told CBS This Morning that I would consider everything the House would send to the Senate.
“If they meet and have a lawsuit, I will definitely consider any articles they can submit, because, as I said, I believe the president has disregarded his term of office,” said Sasse.
“He took an oath to the American people to preserve, protect and defend the Constitution. He acted against it, ”he added. “What he did was wicked.”
Sen. Lisa Murkowski
Lisa Ann MurkowskiThis is why Manchin, Romney and Collins are about to exercise serious power in the Senate. How Biden can fix the rocky road that Trump left behind. Republican internal struggles in elections intensify MORE (R-Alaska) told the Anchorage Daily News on Friday that Trump should resign.
“I want him to resign. I want him out. He’s already done enough damage, ”she said.
Murkowski said Trump only wants to stay in office “for the title” and has largely given up on governing.
“I think he should be going. He said he will not appear. He will not appear … at the opening. He hasn’t been focusing on what’s going on with COVID. He has been playing golf or inside the Oval Office smoking and throwing all the people who were loyal and faithful under the bus, starting with the vice president, ”she said.
It would take a two-thirds vote in the Senate or 67 senators – if all are present – to remove Trump from office before January 20. That means that at least 17 senators would have to vote with all 50 members of the Senate Democratic bench for a conviction.
The Hill contacted McConnell’s office for comment.
Jordain Carney contributed.
Updated: 22h45