Can the senate change the rules at this point regarding impeachment ?

[Fullduplexxx]

[lame54]

1. You mean change them back?

[madville]

2. Yes

They can change the procedural rules at any time during the session with a simple majority vote. The Constitution just grants authority, it doesn’t define the specifics, that’s left to the House and Senate rules.

[Fullduplexxx]

3. Thanks

[Steelrolled]

4. Agreed.

The games being played are not helping anyone. The outcome is assured. Just get on with it.

[Fiendish Thingy]

10. What's the rush?

If Pelosi can leverage Mitch into calling witnesses, isn't that a good thing? Even if Trump is acquitted? If Bolton or Mulvaney testify, it could shift public opinion and pressure on the Senate.

[Steelrolled]

12. I agree to make full use of the impeachment.

But be careful, trying to get too clever.

[kentuck]

5. Some are suggesting they can have a trial without receiving the Articles of Impeachment.

But, if that were to happen, and they were to acquit Donald Trump, what would keep the House from then sending over the Articles of Impeachment?

Would they be required to have another "trial"?

[bluestarone]

6. I wonder if Roberts would refuse to attend?

If the House is not allowed to finish it's duty?

[kentuck]

7. Good question!

Another reason I don't believe they would try such a stunt.

[StarfishSaver]

8. I don't think Roberts would preside over a trial of an impeachment that hasn't been referred by the

He's not going to make a fool of himself participating in a circus.

[bluestarone]

9. THIS is what i was hoping!

Just thinking he would NOT get involved!!

[Igel]

13. Their call.

But I suspect if they used the same text they'd say, "How is this different and why should we play the same song twice and expect a different final chord?" It's their rules. Pelosi may have a lot to say about them, but anything she says is extra-Constitutional.

If it matters that the impeachment wasn't properly recorded for the next act, then it never officially happened. Like a grand jury indictment that's never filed.

If the impeachment stands, filed or not, then it can be acted on. And to act on the same charges twice ... double jeopardy.

[Hermit-The-Prog]

14. double jeopardy applies to criminal cases; this is impeachment

[Baked Potato]

11. I believe it takes a supermajority to change a rule, 51 votes to override a Chief Justice ruling

“In other words, a huge amount in any Senate trial depends on two big variables: the attitudes and views of Chief Justice Roberts and, ultimately, which side controls 51 votes to either sustain or overrule his rulings or to rule on questions he declines to address. An important wrinkle here is that it takes 67 votes, not 51 votes, to change a rule—so one key question is whether a motion would require a waiver of an existing rule or whether it can reasonably be reconciled with the rules. If it requires a rule to be waived or dispensed with, the motion requires a supermajority.”

From:

Imagining a Senate Trial: Reading the Senate Rules of Impeachment Litigation

By Hilary Hurd, Benjamin Wittes Monday, December 2, 2019, 3:35 PM

https://www.lawfareblog.com/imagining-senate-trial-reading-senate-rules-impeachment-litigation