The right of senators to ask questions should not be limited to a mere observer status common in judicial proceedings. Senators are neither judges bound by court rules of the judiciary even though they may elect to be guided by such rules. It is absurd to limit the capacity of each senator to make inquiries based on a perceived procedural error.
To apply the strictest level of requirement on evidence on a process in which the maximum penalty is no more than perpetual removal from any public office is not grounded on precedent. Does impeachment conviction deprive a person of his/her fundamental right? Is perpetual removal from any public office considered "cruel, degrading, or inhuman punishment" that the person accused may take refuge on the bill of rights?
I believe the answer to the two questions asked requires us to answer this question: is public office a fundamental right of a citizen?
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