Witness Testimony In Senate Impeachment Trials
Under the supplemental rules package (S. Res. 483) that the Senate approved last week, senators will soon vote on “whether it shall be in order to consider and debate under the impeachment rules any motion to subpoena witnesses or documents.” The Senate held 18 impeachment trials before the present proceedings on the impeachment of President Donald Trump.
Senate Trials Featuring No Witnesses
No witnesses testified in three of the 18 trials.
1. William Blount (1798-1799): 0
At the end of the first impeachment trial under the Constitution in 1799, the Senate concluded that it lacked jurisdiction and, consequentially, dismissed the articles of impeachment against former senator William Blount. No witnesses testified.
2. George W. English (1926): 0
The Senate initially subpoenaed witnesses in the impeachment trial of District Court Judge George W. English. English resigned his judgeship as the Senate trial was underway. Upon learning of English’s resignation, senators subsequently directed the Sergeant at Arms to notify those witnesses that they would not be required to testify. The Senate then dismissed the articles of impeachment at the request of the House managers.
3. Samuel B. Kent (2009): 0
In 2009, the Senate dismissed articles of impeachment against District Court Judge Samuel B. Kent, at the request of the House Managers. The proceedings lasted only one day. No witnesses were subpoenaed or testified.
Senate Trials Featuring Witnesses
Witnesses testified in 15 of the 18 trials.
1. John Pickering (1803-1804): 15
Witnesses testified 15 times during the impeachment trial of District Court Judge John Pickering. Five of the 15 witnesses had their depositions read on the Senate floor.
2. Samuel Chase (1804-1805): 81
Witnesses testified 81 times during the impeachment trial of Associate Supreme Court Justice Samuel Chase. The counsel for the respondent, Luther Martin, and Chief Justice John Marshall, were among the witnesses who testified.
3. James H. Peck (1830): 33
Witnesses testified 33 times during the impeachment trial of District Court Judge James H. Peck.
4. West H. Humphreys (1862): 6
Witnesses testified six times during the impeachment trial of District Court Judge West H. Humphreys.
5. Andrew Johnson (1868): 47
Witnesses testified 47 times during the impeachment trial of President Andrew Johnson.
6. William W. Belknap (1876): 45
Witnesses testified 45 times during the impeachment trial of former Secretary of War, William W. Belknap. The begins the regular practice of ordering the parties to present lists of the witnesses that they expect to call.
7. Charles Swayne (1905): 47
Witnesses testified 47 times during the impeachment trial of District Court Judge Charles Swayne.
8. Robert W. Archbald (1912-1913): 120
Witnesses testified 120 times during the impeachment trial of Circuit Court Judge Robert W. Archbald. At one point in the proceedings, one of the House managers tried to shift blame to the respondent’s counsel for the time it took the Senate to hear from 120 witnesses.
“When we started in with our evidence Monday morning we had expected to be able to finish, but the cross-examinations have been so long that where we calculated on 20 witnesses a day we have examined only a dozen or less.”
9. Harold Louderback (1933): 46
Witnesses testified during the impeachment trial of District Court Judge Harold Lauderback.
10. Halsted L. Ritter (1936): 57
Witnesses testified 57 times during the impeachment trial of District Court Judge Halsted L. Ritter.
11. Harry E. Claiborne (1986): 19
Witnesses testified 19 times during the impeachment trial of District Court Judge Harry E. Claiborne. All witnesses testified before the Senate Impeachment Trial Committee.
12. Alcee L. Hastings (1989): 59
Witnesses testified 59 times during the impeachment trial of District Court Judge Alcee L. Hastings. All witnesses testified before a Senate Impeachment Trial Committee.
13. Walter L. Nixon, Jr. (1989): 10
Witnesses testified ten times during the impeachment trial of District Court Judge Walter L. Nixon, Jr. All witnesses testified before a Senate Impeachment Trial Committee.
14. William J. Clinton (1999): 3
Witnesses testified three times during the impeachment trial of President Bill Clinton. A limited number of senators deposed all witnesses under the terms of S. Res. 30. Their depositions were recorded and played on the Senate floor.
15. G. Thomas Porteous, Jr. (2010): 3
Witnesses testified three times during the impeachment trial of District Court Judge G. Thomas Porteous, Jr. All witnesses testified before a Senate Impeachment Trial Committee.