On the recordJanuary 29, 2020
Mr. Chief Justice, I send a question to the desk on behalf of myself and Senator Young and Senator Crapo. The question is to be directed to both parties. The CHIEF JUSTICE. Thank you. The question directed to counsel for the President and the House managers: The Constitution does not specify the standard of proof to be used in trials of impeachment, and the Senate has not adopted a uniform standard by rule, thus, the standard of proof is arguably a question for each individual Senator. In the Clinton trial and now with President Trump, it appears that Republicans and Democrats apply different standards depending on whether the President is a member of their party. What standard of proof should be used in trials of impeachment--preponderance of the evidence, clear and convincing, beyond a reasonable doubt--and why? I think it is the turn of the House managers to go first. Ms. Manager LOFGREN. Mr. Chief Justice, Senators, there is no court case on this. The House needs strong evidence, but it has never been decided beyond a reasonable doubt, as the President's counsel has suggested, and, as the question notes, the Constitution does not specify either the House's evidentiary burden of proof or the Senate's.…
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