On the recordJanuary 29, 2020
Mr. Chief Justice, I send a question to the desk on my behalf. I am also joined by Senators Loeffler, Cramer, Lee, and McSally. The CHIEF JUSTICE. Senators Blackburn, Loeffler, Cramer, Lee, and McSally ask of counsel for the President: Is the standard for impeachment in the House a lower threshold to meet than the standard for conviction in the Senate, and have the House managers met their evidentiary burden to support a vote of removal? Mr. Counsel PHILBIN. Mr. Chief Justice, Senators, as for the standard in the House, of course, the House is not making a final determination. In the structure of the Constitution, an impeachment is simply an accusation, and as in most systems where there is simply an accusation being made, the House does not have to adhere to the same standard that is used in the Senate. In most instances, House Members have suggested in debates on articles-- of whether or not to approve Articles of Impeachment--that they should have clear and convincing evidence in the view of the Members voting on it that there was some impeachable offense, and that is all--some, not even that standard. So there is simply enough evidence that an accusation can be made. It is definitely a lower standard than the standard that has to be met here in a trial for an ultimate verdict. The Constitution speaks in terms of a conviction in the Senate.…





