On the menu today: why you keep hearing arguments about whether impeachment is a trial, whether it should be treated like one, and why the Founding Fathers set up the impeachment process the way they did.
When Should Impeachment Be Like a Trial, and When Should It Not Be?
When the rules of the impeachment trial are not what someone wants, you often hear arguments along the lines of: "Could you imagine if a criminal trial operated this way? The grand jurors would become the prosecutors! The judge and jury wouldn't have to be objective! The jury isn't sequestered and reads all about the trial from outside sources and can publicly comment on how they think the trial is going! The jurors would decide whether or not to hear from witnesses! Key material witnesses would be ignored! An agreement among two-thirds of the jurors would mean a conviction! Jurors would be able to fall asleep!"
Sometimes people say it directly, as Kamala Harris declared, "it's not a fair trial ...
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