Senate Trial Can Proceed Without McConnell-Schumer Deal

The Senate’s 26 Impeachment Rules will regulate how the trial unfolds if senators cannot agree on a supplementary rules package. Among their provisions, the Impeachment Rules detail how the Senate organizes itself for trials. They also limit debate and prohibit dilatory tactics that senators could otherwise use to postpone a verdict.

The Impeachment Rules also regulate the process by which senators question witnesses. Rule XVII stipulates, "Witnesses shall be examined by one person on behalf of the party producing them, and then cross-examined by one person on the other side." Rule XIX details the process senators must follow if they want to ask a question of a witness, a House manager, or the president's counsel. And Rule XVIII clarifies that senators can be called as witnesses.

In addition to the prohibition on debate in open session (senators are permitted to engage in limited debate in closed session), the Impeachment Rules include many provisions that are designed to ensure that senators reach a verdict expeditiously. For example, Rule XXI limits arguments on "all preliminary and interlocutory questions, and all motions" to one hour on each side.