February 5, 1999
Web posted at: 1:28 p.m. EDT (1328 GMT)

When the House of Representatives approved two articles of impeachment on December 19, accusing President Bill Clinton of obstruction of justice and perjury in connection with his relationship with former White House intern Monica Lewinsky, lawmakers set the stage for a Senate trial of the president.

Here are answers to questions about the impeachment trial, what rules govern the process, the history of the process and what roles various figures will play in the trial:

Q: When was the last time the Senate conducted a presidential impeachment trial?

A: The Senate has not dealt with the impeachment of a president in 131 years. The last time was the case of Andrew Johnson, a Democrat who became president following the assassination of Abraham Lincoln. Johnson was impeached by the House for firing his secretary of war against the wishes of Congress. The deeper issue was Republican opposition to Johnson's efforts to bring South back into the Union after the Civil War. In 1868, the Senate failed to remove him from office by one vote after a two-month trial.

Q: When did the Senate impeachment trial of President Clinton begin?

A: The trial began Thursday, January 7.

Q: Who presides over the trial?

A: The Chief Justice of the United States, William Rehnquist, presides over the presidential impeachment proceedings.

Q: What is Rehnquist's role?

A: At the start of the trial, Rehnquist was sworn in, then administered the oath to the 100 senators who are serving as the jury. He will rule on all points of law, evidence and rules, though senators can override his judgment by a simple majority vote.

Q: Who are the current party leaders in the Senate?

A: Sen. Trent Lott (R-Mississippi) is the Senate majority leader and Sen. Tom Daschle (D-South Dakota) is the minority leader.

Q: What are House managers?

A: They are the members of the House who are serving as prosecutors, led by Judiciary Committee Chairman Henry Hyde (R-Illinois).

Q: Who are the other House managers in this trial?

A: In addition to Hyde, the 12 other managers are all Republican members of the Judiciary Committee: Reps. James Sensenbrenner of Wisconsin, Bill McCollum of Florida, George Gekas of Pennsylvania, Charles Canady of Florida, Steve Buyer of Indiana, Ed Bryant of Tennessee, Steve Chabot of Ohio, Bob Barr of Georgia, Asa Hutchinson of Arkansas, Chris Cannon of Utah, James Rogan of California and Lindsey Graham of South Carolina.

Q: What does the Constitution require of the Senate?

A: To try the president on the articles of impeachment that were approved by the House of Representatives.

Q: What rules apply to the Senate when it functions as an impeachment court?

A: The Senate has rules outlined in the "Senate Manual," but those can be changed or revised at any time by a simple majority vote. The rules were last modified on August 16, 1986 as a result of the 1986 impeachment proceeding against U.S. District Judge Harry Claiborne.

Q: How is the trial being conducted?

A: On January 8, the Senate reached agreement on some initial ground rules, deciding to hear opening arguments from House prosecutors and Clinton's lawyers first, then allow senators to question the two sides. After that, senators decided to subpoena three witnesses for closed-door, videotaped depositions: Monica Lewinsky, Vernon Jordan and Sidney Blumenthal. In a pivotal vote February 4, the Senate rejected a request by House prosecutors to call Lewinsky for live testimony.

Q: How might evidence be handled?

A: The Senate does not have standard rules of evidence. Rehnquist, as the presiding officer, will rule on all questions of evidence, though he can put any such question to a vote before the Senate or any senator can request a formal vote.

Q: How long will the trial last?

No one knows for sure, but the Senate has agreed on a February 12 target date for a final up or down vote on the articles of impeachment, and appears to be keeping to a schedule that would allow that.

Q: When can senators end the trial?

A: Senators can end the proceedings any time they want by a simple majority vote. The Senate does not have to vote on all the articles before it.

Q: What was the Lieberman/Gorton proposal?

A: The proposal, since abandoned, was a plan put forward by Sens. Slade Gorton (R-Washington) and Joseph Lieberman (D-Connecticut). It called for an expedited four-day trial and a "test" impeachment vote. Instead, senators worked out the process for opening arguments by both sides, questioning by senators and then a decision whether to call witnesses.

Q: What is censure?

A: "Webster's New World College Dictionary" defines censure as, "a condemning as wrong; strong disapproval, a judgment or resolution condemning a person for misconduct; specifically an official expression of disapproval passed by a legislature." What form a censure resolution would take in this case is unclear. The Constitution does not specifically mention censure as an option, but it does not specifically prohibit it either. There have been discussions of censuring the president and imposing a fine, but many question the constitutionality of such a punishment.

Q: What is a "finding of fact"?

A: Some senators are promoting the idea of the Senate adopting a "finding of fact" detailing President Clinton's alleged misdeeds, as a way to punish him without removing him from office. Others say the only constitutional options open to them are conviction and removal from office or acquittal.

Q: Is the president required to attend the trial?

A: No. When the trial began, the Senate issued a summons to the president, and Clinton's defense team responded with a 13-page formal answer to the charges against the president on January 11. Clinton has the option of appearing in person or being represented by his legal counsel or members of Congress for this appearance or throughout the trial.

Q: Does the Senate meet in open session during an impeachment trial?

A: According to its rules, the Senate will conduct the trial in open session.

Q: Will trial deliberations be held in public?

A: The Senate may hold deliberations in an open session, but internal rules allow for the Senate to hold a closed-door session, too. Each senator will be alloted 15 minutes for debate. So far, the Senate has deliberated in private twice as it debated dismissal and witnesses.

Q: What sort of public record is kept of the trial?

A: Transcripts will be kept of all trial activities, even those deliberations held in secret. At the end of the process, senators may vote to permit the release of the transcripts of confidential sessions.

Q: How is a judgment rendered?

A: Each article of impeachment will be voted on in an open Senate session. The chief justice would call each senator alphabetically. The senators stand in place and respond either "guilty" or "not guilty."

Q: What is required for a conviction?

A: Conviction requires a two-thirds majority vote of the senators present. If all 100 are present, that means 67 votes.

Q: What happens if the president is convicted on an article of impeachment?

A: If convicted, the president is considered immediately removed from office. There is no separate vote for removal.

Q: Will the president be allowed to hold public office again if convicted?

A:If the Senate convicts the president on any of the impeachment articles, senators may also vote on whether to disqualify the president from holding office again. Such a vote requires only a simple majority to pass.

Q: Will the Senate address regular legislative business during the trial?

A: The impeachment rules say the Senate sits as an impeachment court at noon daily, unless the senators decide otherwise. So far, the sessions have begun at 1 p.m. EST. At the end of each trial day, the Senate may turn to other work.

Updated 2-5-98