SPONSORED:

Three ways the end of the impeachment trial could play out

Friday will be a make-or-break moment in President TrumpDonald TrumpCaitlyn Jenner on Hannity touts Trump: 'He was a disruptor' Ivanka Trump doubles down on vaccine push with post celebrating second shot Conservative Club for Growth PAC comes out against Stefanik to replace Cheney MORE’s impeachment trial as Republicans try to bring the proceedings to a close. 

Senators will hold a crucial vote on whether to call new witnesses or compel documents as part of the Senate’s proceeding. 

Though Trump is all but guaranteed to be acquitted at the end of the trial, Friday’s vote is a turning point that will determine what comes next, including how long it will last. 

ADVERTISEMENT

The Senate is expected to convene by 1 p.m. on Friday. Senators are warning that if Republicans successfully block witnesses, senators are likely to move quickly to Trump’s acquittal on Friday night or early Saturday.  

Before a vote on witnesses, both Trump’s legal team and House managers get up to two hours each to make their cases to the Senate, according to a resolution passed last week on the rules for the trial. 

What happens after that? There are a few scenarios to watch for.  

Scenario One: The Senate rejects calling witnesses and moves to acquit Trump

This appears to be the most likely outcome, as the pool of potential Republican votes is quickly shrinking. 

ADVERTISEMENT
In a stark turnaround from just days ago when Republicans were caught flat footed by allegations from former national security adviser John BoltonJohn BoltonRepublicans request documents on Kerry's security clearance process Trump pushes back on Bolton poll Hillicon Valley: Facebook Oversight board to rule on Trump ban in 'coming weeks' | Russia blocks Biden Cabinet officials in retaliation for sanctions MORE, GOP senators are voicing renewed confidence that they will be able to defeat the request for witnesses. 

Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamThe unflappable Liz Cheney: Why Trump Republicans have struggled to crush her  The Memo: The GOP's war is already over — Trump won Michael Flynn flubs words to Pledge of Allegiance at pro-Trump rally MORE (R-S.C.) stopped short of declaring victory but told reporters, “I’ve never been more optimistic that we’re in a good spot.”

Sen. John BarrassoJohn Anthony BarrassoRepublican seeks to use Obama energy policies to criticize Biden  EPA proposes major rule to reduce certain greenhouse gases Republicans hammer Biden on infrastructure while administration defends plan MORE (R-Wyo.) added that he expects a vote on “final judgment” to happen by Friday night.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Memo: The GOP's war is already over — Trump won Biden: GOP in the midst of a 'mini-revolution' Ernst defends Cheney, calls for GOP unity MORE (R-Ky.) can afford to only lose two Republican senators to defeat the push for witnesses outright. Sen. Mitt RomneyWillard (Mitt) Mitt RomneyThe Memo: The GOP's war is already over — Trump won Budowsky: Liz Cheney vs. conservatives in name only The Hill's Morning Report - Presented by Emergent BioSolutions - House GOP drama intensifies; BIden sets new vax goal MORE (R-Utah) is viewed as likely to vote to allow witnesses, while Susan CollinsSusan Margaret CollinsMcConnell sidesteps Cheney-Trump drama Romney defends Cheney: She 'refuses to lie' The Memo: Trump's critics face wrath of GOP base MORE (R-Maine) became the first Republican to formally say she would vote to allow witnesses.

"I believe hearing from certain witnesses would give each side the opportunity to more fully and fairly make their case, resolve any ambiguities, and provide additional clarity. Therefore, I will vote in support of the motion to allow witnesses and documents to be subpoenaed," Collins said in a statement. 
 
In a blow to Democrats, Sen. Lamar AlexanderLamar AlexanderThe Republicans' deep dive into nativism Senate GOP faces retirement brain drain The Hill's Morning Report - Presented by the National Shooting Sports Foundation - CDC news on gatherings a step toward normality MORE (R-Tenn.) announced that he would oppose calling new witnesses. Sen. Lisa MurkowskiLisa Ann MurkowskiTrump muddles Republican messaging on Afghanistan Trump drama divides GOP, muddling message Moderate Republicans leery of Biden's renewed call for unity MORE (R-Alaska), well known for her independent streak, has not said how she will vote. 

If Republicans block new witnesses, GOP senators expect McConnell to try to take control of the floor and make a motion to go to the votes on the two articles of impeachment.

In a potential procedural snag, McConnell’s request will be amendable on the floor, meaning Democrats could force vote after vote to try to slow down or delay Trump’s acquittal. 
 
"I suspect the Democrats if they want to can engage in any number of dilatory tactics to drag it out. ... I suspect they'll want to offer amendments," Sen. John ThuneJohn Randolph ThuneTrump muddles Republican messaging on Afghanistan The Memo: Trump's critics face wrath of GOP base GOP wrestles with role of culture wars in party's future MORE (S.D.), the No. 2 Senate Republican, said of Friday's schedule. 
 
Democratic senators are reviewing their procedural options for forcing GOP senators to take a round of politically tough votes. Even after it became clear that Republicans had the votes to pass the rules resolution last week, Democrats forced an hours-long fight over amendments. 

“We’re looking at all of our parliamentary options to try to force as many votes as we can to put Republicans on the record,” said Sen. Chris MurphyChristopher (Chris) Scott MurphyUS, Iran signal possible breakthroughs in nuke talks Democrats face big headaches on Biden's T spending plan Senate Democrats push Biden over raising refugee cap MORE (D-Conn.). 

Murphy also appeared frustrated by talk among Republicans about wrapping the trial on Friday.

“What’s the point of any of this?” he said, questioning if GOP senators had already decided to skip witnesses and closed-door deliberations.

How long Democrats will be able to slow-walk the end of the trial is unclear. Sen. Rand PaulRandal (Rand) Howard PaulSherrod Brown calls Rand Paul 'kind of a lunatic' for not wearing mask Overnight Health Care: WHO-backed Covax gets a boost from Moderna Vaccine hesitancy among lawmakers slows return to normalcy on Capitol Hill MORE (R-Ky.) predicted that the Senate would be voting for 12 hours on Friday, indicating that senators are preparing for a long day. 

Senate Minority Leader Charles SchumerChuck SchumerHow to fast-track climate action? EPA cutting super pollutant HFCs On The Money: How demand is outstripping supply and hampering recovery | Montana pulls back jobless benefits | Yellen says higher rates may be necessary Senate Democrats announce B clean bus plan MORE (D-N.Y.) declined to tip his hand but noted that “the minority has rights, and we will exercise those rights.” 

ADVERTISEMENT

But Republicans say they are prepared to grind it out and stay in session until Trump is acquitted. 

A GOP aide joked that McConnell would face a “revolt” if the leader agreed to delay the final votes, underscoring how eager some Republicans are to get the trial, and the around-the-clock work schedule, behind them. 

“As we did with the organizing resolution, we’ll be prepared to stay through here completion,” Barrasso said. 

Scenario Two: The Senate deadlocks in a 50-50 tie

One option that has sparked days of speculation around the Capitol is that the Senate’s vote could result in a 50-50 tie on the issue of calling witnesses. 

Normally when the Senate deadlocks, Vice President Pence is taxied to the chamber so he can cast a deciding vote. But Pence does not have a role in the Senate’s trial, as Supreme Court Chief Justice John Roberts is the presiding officer. 

If Roberts casts a tie-breaking vote, he would put himself in the middle of a fierce political fight.

With Collins to vote to allow witnesses, Democrats would need to win over two more GOP "yes" votes to force the deadlock. 

Romney has not yet announced how he will vote but has indicated that he wants to hear from Bolton. Murkowski, the only GOP senator to oppose Justice Brett KavanaughBrett Michael KavanaughConservative justices split in ruling for immigrant fighting deportation Supreme Court weighs whether to limit issuance of exemptions to biofuel blending requirements The Hill's Morning Report - Presented by Facebook - GOP makes infrastructure play; Senate passes Asian hate crimes bill MORE's Supreme Court nomination, is also being closely watched by both parties. 

If three Republican senators vote to allow witnesses, that would result in a 50-50 tie, assuming every Democrat votes.

Republicans are predicting that Roberts will not break a tie, which would cause the motion to fail. But few are completely sure.

“If it’s a tie, there’s a lot of uncertainty about what happens with the presiding officer, especially being the chief justice,” said Sen. Mike BraunMichael BraunDemocrats accuse GOP of new lows in culture wars Trade representative says policy must protect key industries Schumer waiting for recommendation on Supreme Court expansion MORE (R-Ind.).
 
Scenario Three: The Senate votes to call witnesses
 
Democrats must win over four GOP senators to win the witness vote, or three senators with the backing of Roberts, which would lengthen the trial.

With Alexander and Sen. Jerry MoranGerald (Jerry) MoranBottom line Hawley votes against anti-Asian hate crime bill Senate passes anti-Asian hate crimes bill MORE (R-Kan.) both saying they will oppose witnesses, this option looks increasingly unlikely. 

To call numerous witnesses, Democrats would need to win over four Republicans on the initial vote to allow the requests for witnesses and documents and would also need to win over four Republicans on each subsequent request for specific individuals.

Trump’s legal team and Senate Republicans have warned that if Bolton is called, the president should be able to call his own witnesses to testify, including former Vice President Joe BidenJoe BidenCaitlyn Jenner on Hannity touts Trump: 'He was a disruptor' Argentina launches 'Green Mondays' campaign to cut greenhouse gases On The Money: Federal judge vacates CDC's eviction moratorium | Biden says he's open to compromise on corporate tax rate | Treasury unsure of how long it can stave off default without debt limit hike MORE and his son Hunter Biden.

Under the rules for the trial passed last week, any witnesses that senators agree to subpoena would first be deposed behind closed doors. The Senate would then decide if the individual needed to testify. But the rules do not put a cap on how long that process can take.

House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffTrump backs Stefanik to replace Cheney Gender politics hound GOP in Cheney drama Senate Intel vows to 'get to the bottom' of 'Havana syndrome' attacks MORE (D-Calif.) pitched senators Thursday on the idea that if they agreed to call witnesses, depositions could be limited to one week.

“Can we take one week to hear from these witnesses?” Schiff asked. “I think we can. I think we should. I think we must.”