Who breaks a tie on the witnesses vote?

[Takket]

I keep hearing we need 4 rethugs to vote for witnesses to get us to 51, which certainly works, but if we only get 3 and its a 50/50 split, who breaks the tie? I had read on here a few weeks back that John Roberts breaks ties because the VP does not preside over impeachment. Is that true?

[Cattledog]

1. Roberts

Yes.

[CincyDem]

2. I think Roberts breaks the ties...but indirectly

Here's the logic I piece together...

Roberts officiates the impeachment trial.
He rules on procedural questions.
Once he rules - that's the decision.
Senators have the option to vote to overturn the decision. (Key point...the called question is "should we overturn the decision?&quot
Senators vote.
Results are 50/50...the decision stands because Roberts set the question with his initial ruling.

It's not that Roberts breaks ties...it's that ties are insufficient to overturn Roberts' decisions that instigated the vote in the first place.

I keep hearing that Roberts can't break a tie because only a member of the Senate or a VP can do it. That may be true but I think you have to start with the premise of the question being asked...Does the Senate overturn the decision of the Chief Justice? And they need 51 yes votes to make it so.

IMHO.

[onenote]

5. But Roberts can defer ruling and present the issue to the Senate in the first instance

It strikes me that it is far more likely that Roberts will simply refer any procedural issue to the full Senate rather than rule on it and then have his ruling challenged. If that happens, and the vote is 50-50, it appears that he would hold the tiebreaking vote. However, in such an instance, enormous pressure is going to be put on the defecting Republicans by McConnell to change their vote to make it 51-49.

[CincyDem]

6. Good point. Either way Roberts is the tie breaker but I hadn't considered deferral. thanks. n/t

[Democrats Ascendant]

3. Melber Mentioned This

Ari Melber worked through just such a 50/50 scenario on his show recently and listed a number of left-leaning issues that he ended up siding with. It was an unexpectedly optimistic segment. (sorry no link!)

[JDC]

4. I think we are being overly optimistic to put faith

In any of "the four"

They will come to heel as usual.