I have been contacted by a number of constituents who have asked if the Senate has the power to censure the president before beginning a trial on impeachment. This question has come up so often, I wanted to inform everyone of the prevailing view.
Because the House of Representatives has impeached the president, the Senate must commence a trial before it considers any other option. This responsibility originates in the Constitution and is mandated by the Rules of the Senate.
It is important to note, however, that this does not necessarily mean a trial is to be taken through to a conclusion. What it does mean is that before the Senate could consider censure resolution, or any other disposition in lieu of a final judgment on impeachment, it would have to at least start the trial.
My opinion on this issue is shared by an overwhelming majority of my colleagues, including former Democratic Leader, Sen. Robert C. Byrd of West Virginia, who is acknowledged to be our country’s leading expert on Senate procedure.
I am ever mindful of my role as a judge and a juror, and have not yet reached a judgment as to how this matter should be resolved, but I want to assure my constituents that my approach will be thorough, nonpartisan and fair. What we need now is an end to the vitriolic partisan rhetoric that has been exhibited on both sides on this debate in recent weeks. Sen. Susan M. Collins Washington D.C.
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