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For example, Craig said the initial rules in this case gave Republicans four days to justify their conviction, followed by four days to allow the president's legal team to defend him. These were essentially opening statements. The Senate then decided that it was appropriate to hear witnesses and, if so, whether it would be live or videotaped. Finally, the Senate authorized each party to file several videotaped witnesses.
The rules adopted by the Senate in the Clinton trial – including those limiting the number of witnesses and the length of the depositions – made it more difficult to prove a case in relation to the trials in federal court, said L & # 39; Former Representative Bob Barr, Republican of Georgia, House Leader during the trial and also former US Attorney.
"Withdrawal is a creature in itself," Barr said. "In a criminal case, the jury does not define the rules of a case and can not decide what evidence it wants to see and what it does not want."
What are the standards for impeachment and removal?
The Constitution does not specify much, making destitution and dismissal a matter of political will and legal analysis.
For example, the Constitution does not specify how the legislature can choose to interpret what constitutes or does not constitute "treason, corruption or other crimes and offenses of great magnitude". Similarly, there is no established standard of proof to be met.
Is the Senate required to hold a trial?
The Constitution clearly states that if the House indict a federal public servant, the next step is for the Senate to hold a trial. But there is no obvious mechanism of enforcement if Senator Mitch McConnell, Kentucky Republican and Majority Leader, simply refused to summon one – just as he refused to. authorize a confirmation hearing and vote on Mr. Obama's candidate, Judge Merrick Garland, fill a vacancy in the Supreme Court in 2016.
Still, Walter Dellinger, Professor of Law at Duke University and former Acting Solicitor General of the Clinton Administration, said it was unclear whether it would be Mr. McConnell or Chief Justice John G. Roberts Jr. who would have the power to convene the Senate for the purpose of considering the items of impeachment passed by the House.
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