RECAP: What amici curiae advised senator-judges on voting threshold | ANC

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Summary

An overview of the legal advice provided by retired Supreme Court justices regarding the Senate impeachment trial, specifically concerning voting thresholds, senator participation, and procedural due process.

Highlights

Debating the Two-Thirds Voting Threshold00:00:30

Former justices argued that the two-thirds voting threshold for impeachment is a vital constitutional protection against the weaponization of the process, ensuring consensus rather than relying on a bare majority.

Defining 'All Members' and Senator Eligibility00:01:43

Justices clarified that 'all members' should be interpreted logically to exclude those unable to perform their duties, such as those detained, incapacitated, or overseas, to prevent absurd and unjust outcomes.

Judicial Participation and Due Process00:05:00

Discussions on whether senators who missed proceedings can still vote and the importance of maintaining an impartial court to ensure the respondent's right to due process is protected.

Prosecution Conduct and Procedural Matters00:07:01

The Senate impeachment court is investigating potential sub-judice violations by prosecution members, while also debating the institutional responsibility to secure furloughs for detained senators to participate in the trial.

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