Roy Blunt: “Mr. Chief Justice, I send a question to the desk on behalf of myself, Senators McCaskill--McSally, rather--Lankford--it…”

“Mr. Chief Justice, I send a question to the desk on behalf of myself, Senators McCaskill--McSally, rather--Lankford--it was a terrifying moment--on behalf of myself, Senator McSally, Senator Lankford, Senator Gardner, Senator Capito, and Senator Wicker. This is a question for the President's counsel. The CHIEF JUSTICE. Thank you. The question from Senator Blunt and other Senators is for the counsel for the President: What does the supermajority threshold for conviction in the Senate, created by the Framers, say about the type of case that should be brought by the House and the standard of proof that should be considered in the Senate? Mr. Counsel DERSHOWITZ. Mr. Chief Justice, Senators, there were several debates among the Framers, of course: Should you have impeachment at all? We talked about that--what the criteria for impeachment should be. But then there was another debate: Who should have the ultimate responsibility for deciding whether the President should be removed? James Madison suggested the Supreme Court of the United States as a completely nonpartisan institution. Alexander Hamilton was concerned about that issue, as well, but he said the Supreme Court would be inappropriate because the judicial branch should not become involved directly as a branch--OK to preside over the trial--because ultimately an impeached President can be put on trial for crimes if he committed crimes.…”