Trump impeachment updates: Senators question prosecutors, lawyers

Trump impeachment updates: Senators question prosecutors, lawyers


The Senate impeachment has resumed. Refresh here for live updates.

What’s the burden of proof?

The president’s lawyers and Democratic managers split over the question of what burden of evidence should be used for an impeachment trial.

Sens. Lisa Murkowski, R-Alaska, Mike Crapo, R-Idaho, and Todd Young, R-Ind., had asked the question.

In response, Democratic manager Rep. Zoe Lofgren, D-Calif., discussed the burdens of proof used in past impeachments, noting “there’s no court case on this.”

Lofgren said the House Judiciary Committee held itself to a “clear and convincing standard of proof in the Nixon matter, which requires the evidence of wrongdoing must be substantially more probable to be true than not.”

In Bill Clinton’s impeachment, she said, the “House did not commit to any particular burden of proof.”

She said she would “recommend against including an express standard” and implored senators to work on “finding the facts” without legal technicalities.

Deputy Counsel to the president Patrick Philbin disagreed.

Quoting Democratic and Republican arguments from Clinton’s impeachment, Philbin argued impeachment was rooted in criminal law, which put the burden of proof to be “beyond a reasonable doubt.”


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