Earlier today Senate Majority Leader Mitch McConnell announced an agreement with Minority Leader Chuck Schumer for the Senate questioning phase of the impeachment trial that begins tomorrow.

Senator Schumer and McConnell have agreed to alternating back-and-forth questions from Republicans and Democrats over the course of two days totaling a maximum of sixteen hours. The alternative would have been 8 hours of questioning by Democrats followed by 8 hours of republican questions. Obviously, and curiously, McConnell and Schumer see a benefit to alternating back-and-forth over the two days.
Additionally, according to several media reports, McConnell took a ‘whip of the Senate’ regarding witness testimony and does not currently have enough republican votes to block the pre-planned House Managers’ unconstitutional scheme to call witnesses.
The appropriate constitutional position for the Senate to take would be that the House investigates; the House calls witnesses within their investigation; the House assembles articles of impeachment; and the Senate is the trier of fact from those articles.
Ergo if a witness was not included in the article assembly, that would be a defect of the House articles; incurable in the Senate. However, it appears there are enough republicans willing to establish a new extra-constitutional process whereby the House can assemble speculative supposition; avoid the executive branch using their lawful process to appeal to the judicial branch for opinion; and put the burden of witness testimony on the Senate.
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