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Five lingering questions as impeachment heads to Senate

Speaker Nancy PelosiNancy PelosiGOP blocks Schumer effort to adjourn Senate until after election GOP noncommittal about vote on potential Trump-Pelosi coronavirus deal Overnight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas MORE (D-Calif.) on Friday ended weeks of speculation surrounding the Democrats' impeachment effort, announcing the House would vote as early as next week to send a pair of articles to the Senate. 

The move is indication that the Speaker, who'd delayed the transmission of the articles in an effort to win procedural concessions from Senate GOP leaders, is ready to launch the trial in the upper chamber despite Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate GOP eyes Oct. 26 for confirming Barrett to Supreme Court GOP noncommittal about vote on potential Trump-Pelosi coronavirus deal Overnight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas MORE's (R-Ky.) refusal to accept her demands.

Yet there are plenty of lingering questions about how the esoteric process will unfold over the next several weeks, as both sides vie for an upper hand in the high-stakes debate over the propriety of President TrumpDonald John TrumpNearly 300 former national security officials sign Biden endorsement letter DC correspondent on the death of Michael Reinoehl: 'The folks I know in law enforcement are extremely angry about it' Late night hosts targeted Trump over Biden 97 percent of the time in September: study MORE’s handling of foreign policy in Ukraine.

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Here are five outstanding questions as the articles move from the House to the Senate.

When, exactly, will the trial begin? 

While Pelosi on Friday expressed a new willingness to send the Senate the two impeachment resolutions — one charging Trump with abuse of power, the other with obstruction of Congress — she stopped short of scheduling a vote to do so. 

Instead, she said she’s “asked Judiciary Committee Chairman Jerry NadlerJerrold (Jerry) Lewis NadlerMarijuana stocks see boost after Harris debate comments Jewish lawmakers targeted by anti-Semitic tweets ahead of election: ADL Democrats shoot down talk of expanding Supreme Court MORE (D-N.Y.) to be prepared to bring” a procedural measure to the floor “next week” to designate the still unnamed impeachment managers and dispatch the articles to the upper chamber. That resolution could technically be passed in a flash, by unanimous consent, but House Republicans are expected to force a more formal roll-call vote to highlight support from vulnerable Democrats. 

Before the decision to vote is finalized, Pelosi said she’ll seek input from rank-and-file Democrats “on how we proceed further” — a meeting of the caucus that’s scheduled for Tuesday morning in the Capitol. 

That consultation is largely a formality, as Democrats have been virtually unanimous in supporting Pelosi’s top-down impeachment strategy since the process launched in September. And their expected approval sets the stage for a floor vote as soon Tuesday, launching the Senate trial as early as Wednesday. 

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Still, no vote has been scheduled — and likely won’t be until after Tuesday’s meeting. 

What will rules shaping the trial will look like?

Pelosi’s decision to send the articles to the Senate next week came after tussling with McConnell over what the rules shaping the trial will be. 

Pelosi withheld sending the articles of impeachment to the Senate to try to win concessions with McConnell on the trial’s rules, but ultimately signaled Friday she would relent.

McConnell has said that he will follow the standard from President Clinton’s 1999 impeachment trial, in which the Senate first votes on the resolution laying out the trial and then later on a second resolution on calling in witnesses — something the GOP leader has made clear he does not want to do. 

Pelosi has said she wants to see the resolution shaping the rules for the Senate trial before finalizing her team, with sources saying this will likely factor into her decision to pick members with more prosecutorial experience, or those with more constitutional and appellate experience.

Senate rules require lawmakers in the upper chamber to participate in presidential impeachment trials, meaning they won’t be able to skip the trial for the trail, particularly in Iowa where voters will be caucusing in just weeks.

The 1999 impeachment trial resolution gave the House managers a maximum of 24 hours to make their case. The president and his defense team were then granted the same window to respond to the charges. Afterward, senators were permitted to question the parties “for a period of time not to exceed 16 hours.”

After that initial phase, each side under the 1999 rules was allowed “to make a motion to subpoena witnesses and/or to present any evidence not in the record,” which was then subject to a full Senate vote.

During the Clinton trial, the Senate voted on a second resolution along party lines to subpoena three witnesses for closed-door depositions, all of whom had previously testified in the initial investigation.

How did the delay affect the process politically?

The political ramifications of the Speaker’s decision to delay is still playing out, and it is unclear how her gamble will impact the process.

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During the delay, Pelosi gained some new ammunition.

Former national security adviser John BoltonJohn BoltonJohn Kelly called Trump 'the most flawed person' he's ever met: report Bolton: North Korea 'more dangerous now' Demand for Trump-related titles sparks expected record year for political books MORE’s surprise announcement on Monday that he would be willing to testify if the GOP-controlled Senate subpoenaed his testimony triggered a tidal wave of Democrats calling on Republicans not to turn a blind eye to a first-hand witness. 

Perhaps more significantly, his statement prompted several Republicans to voice support about hearing from Bolton, and perhaps other witnesses.

Sen. Susan CollinsSusan Margaret CollinsSenate GOP eyes Oct. 26 for confirming Barrett to Supreme Court GOP blocks Schumer effort to adjourn Senate until after election This week: Clock ticks on chance for coronavirus deal MORE (R-Maine), a moderate with an independent streak, revealed Friday in an interview with the the Bangor Daily News that she is working with a “fairly small” group of Republican senators to ensure that an initial resolution on the impeachment trial rules allows for witnesses.

“I am hopeful that we can reach an agreement on how to proceed with the trial that will allow the opportunity for both the House and the president’s counsel if they choose to do so,” Collins said, adding that her colleagues in the upper chamber should be “completely open to calling witnesses.”

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyGOP noncommittal about vote on potential Trump-Pelosi coronavirus deal 10 bellwether counties that could signal where the election is headed The Memo: Trump's second-term chances fade MORE (R-Utah), who has emerged as one of the president’s outspoken GOP critics, said last week that he wants to “be able to hear from John Bolton,” though he did not take a stance on what process should be taken to make that happen.

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Democrats need only four GOP defectors to secure the appearance of new witnesses.

But there is another wild card in play. 

Trump on Friday threatened to exert executive privilege over Bolton’s testimony if he was ultimately compelled to testify, citing the need to protect future presidents. 

“I think you have to for the sake of the office,” he told Fox News’s Laura IngrahamLaura Anne IngrahamTrump's test sparks fears of spread: Here's who he met in last week Fox News tops broadcast networks for first time in 3rd quarter Will Chis Wallace's debate topics favor Biden over Trump? MORE.

Which lawmakers will manage the process? 

House Democrats are eagerly waiting to hear who will land the high-profile roles as impeachment managers — the members appointed by Pelosi to act as prosecutors in the case to remove Trump before the Senate.

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Pelosi has kept the matter close to her chest, keeping very few individuals in the loop.

Sources say she wants to see the resolution shaping the rules for the Senate trial before finalizing her team. The rules could factor into her decision to pick members with more prosecutorial experience, or those with more constitutional and appellate experience.

Some lawmakers are almost certain to be managers.

Nadler and Intelligence Chairman Adam SchiffAdam Bennett SchiffHillicon Valley: DOJ accuses Russian hackers of targeting 2018 Olympics, French elections | Federal commission issues recommendations for securing critical tech against Chinese threats | House Democrats slam FCC over 'blatant attempt to help' Trump Federal commission issues recommendations for securing critical tech against Chinese threats Ratcliffe, Schiff battle over Biden emails, politicized intelligence MORE (D-Calif.) are widely expected to be tapped, as both led the charge during the House impeachment inquiry. Democrats have also speculated that staff on both panels will be involved in the process of picking managers. 

Rep. Hakeem JeffriesHakeem Sekou JeffriesA tearful lesson of 2016: Polls don't matter if people don't vote Overnight Health Care: House Democrats slam pharma CEOs for price hikes driven by revenue, executive bonuses | Ex-FDA employees express worries to Congress over politicization of vaccines | Fauci said his mask stance was 'taken out of context' by Trump Top House Democrat: Parties 'much closer' to a COVID deal 'than we've ever been' MORE (N.Y.), the chairman of the Democratic Caucus who is himself thought to be in consideration, described Nadler and Schiff as “logical choices … to lead the effort.” Rep. Jamie RaskinJamin (Jamie) Ben RaskinCOVID-19 and the problem of presidential succession Warren, Porter to headline progressive fundraiser supporting seven swing state candidates Democrats unveil bill creating panel to gauge president's 'capacity' MORE (D-Md.), a former constitutional law professor, is viewed as a likely contender as well.

Pelosi has yet to specify how many managers she’ll name, let alone their identities. And the prestige surrounding the position has triggered a clamor of interest from lawmakers on and off the key panels.

“The whole place wants to be a manager,” said Rep. Carolyn MaloneyCarolyn Bosher MaloneySafeguarding US elections by sanctioning Russian sovereign debt Fears grow of voter suppression in Texas OVERNIGHT DEFENSE: Top general negative for coronavirus, Pentagon chief to get tested after Trump result l Top House lawmakers launch investigation into Pentagon redirecting COVID-19 funds MORE (D-N.Y.), who heads the Oversight Committee. 

Across the aisle, Republicans are lobbying with equal intensity to be a part of Trump’s defense team, with some of his top House allies — including Reps. Doug CollinsDouglas (Doug) Allen CollinsPerdue's rival raises nearly M after senator mispronounces Kamala Harris's name Jordan vows to back McCarthy as leader even if House loses more GOP seats QAnon-promoter Marjorie Taylor Greene endorses Kelly Loeffler in Georgia Senate bid MORE (Ga.), Jim JordanJames (Jim) Daniel JordanJordan vows to back McCarthy as leader even if House loses more GOP seats Republicans lash out at Twitter and Facebook over Hunter Biden article Meadows hosted wedding despite guidelines banning gatherings of more than 10 people: report MORE (Ohio), John RatcliffeJohn Lee RatcliffeHillicon Valley: DOJ accuses Russian hackers of targeting 2018 Olympics, French elections | Federal commission issues recommendations for securing critical tech against Chinese threats | House Democrats slam FCC over 'blatant attempt to help' Trump Ratcliffe, Schiff battle over Biden emails, politicized intelligence Juan Williams: Trump's search for dirt falls flat MORE (Texas) and Mike JohnsonJames (Mike) Michael JohnsonTrump's test sparks fears of spread: Here's who he met in last week Reclaiming the American Dream LWCF modernization: Restoring the promise MORE (La.) — said to be likely candidates.

How will this impact senators running for president?

A handful of Democratic senators running for president will face a real crisis during the impeachment trial.

Senate rules require the lawmakers to participate in presidential impeachment trials, meaning they won’t be able to skip the trail to go to Iowa, where voters will be caucusing in just weeks.

The Senate trial is expected to move at a grueling place once it launches, with the chamber in session six days a week, minus Sundays, starting at 1 p.m.

There are five senators currently running for the Democratic presidential nomination — Elizabeth WarrenElizabeth WarrenOvernight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas Senate Democrats call for ramped up Capitol coronavirus testing Government watchdog to investigate allegations of Trump interference at CDC, FDA MORE (D-Mass.), Bernie SandersBernie SandersThe Hill's Morning Report - Sponsored by Goldman Sachs - Tipping point week for Trump, Biden, Congress, voters Biden and Schumer face battles with left if Democrats win big Push to expand Supreme Court faces Democratic buzzsaw MORE (I-Vt.), Amy KlobucharAmy Klobuchar Senate Democrats call for ramped up Capitol coronavirus testing Senate Democrats seek to alleviate public concern about some results not being available on election night Washington flooded with Women's March protesters ahead of Barrett confirmation vote MORE (D-Minn.), Cory BookerCory Anthony BookerBooker 'outs' Cruz as vegan; Cruz jokingly decries 'scurrilous attack' Why Latinos should oppose Barrett confirmation Judiciary Committee sets vote on Barrett's nomination for next week MORE (D-N.J.) and Michael BennetMichael Farrand BennetDemocrats sense momentum for expanding child tax credit OVERNIGHT ENERGY: House Democrats tee up vote on climate-focused energy bill next week | EPA reappoints controversial leader to air quality advisory committee | Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' Senate Democrats demand White House fire controversial head of public lands agency MORE (D-Colo.). Their campaigning will be squeezed once the impeachment trial begins.

It remains to be seen how much precious campaign time will be lost ahead of the Feb. 3 Iowa caucuses, as McConnell has yet to announce the length of the trial. Historically, one of the top three candidates in Iowa usually make it onto the presidential ballot, hence the saying “three tickets out of Iowa.” 

Pelosi’s decision to delay the trial until Wednesday, at the earliest, lends the Senate candidates at least one bit of freedom, allowing them to participate in the next primary debate on Tuesday night.