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To: Petrosius
public notification has already been given, in the Congressional Record. All that Senator Mich McConnell needs to do is read this record on the floor of the Senate and then proceed either to a trial or a motion for dismissal. If he proceeds to a trial and the House does not send any managers, he could then easily move to dismissal on the basis that the House has failed to present its case.
I like it.

OTOH,

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
. . . which means that you have to have Justice Roberts on board. And although that could be a problem, McConnell has an enticement for Justice Roberts: that the first order of business would be to dismiss Article II of the impeachment on grounds that since SCOTUS has granted cert to President Trump to contest the subpoena which the Article accuses President Trump of failing to comply with.

In that sense the House has picked a fight not only with President Trump and the Senate but with SCOTUS as well. Justice Roberts could even be the one to raise the point, and stick the knife in, entertaining Article I but rejecting any Senate consideration of Article II. IMHO Article II is Nancy’s Achilles heel.


25 posted on 12/20/2019 6:39:50 AM PST by conservatism_IS_compassion (Socialism is cynicism directed towards society and - correspondingly - naivete towards government.)
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To: Petrosius
. . . in fact, you could say that Nancy’s caterwauling about “fair trial” is itself a gratuitous slap in the face to Chief Justice Roberts. McConnell should frame it that way.

26 posted on 12/20/2019 6:43:36 AM PST by conservatism_IS_compassion (Socialism is cynicism directed towards society and - correspondingly - naivete towards government.)
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To: conservatism_IS_compassion; bitt
***the first order of business would be to dismiss Article II of the impeachment on grounds that since SCOTUS has granted cert to President Trump to contest the subpoena which the Article accuses President Trump of failing to comply with . . . In that sense the House has picked a fight not only with President Trump and the Senate but with SCOTUS as well...***

I posted this two days ago - in less lagalese language, and a much more complete analysis earlier.

Aside from these Constitutional considerations, it must be said that Nancy Pelosi's action of withholding the impeachment articles is continuing to deny POTUS the opportunity to defend himself -- a continuing gross violation of his Constitutional rights. IOW: if Pelosi permanently withholds referring the Articles does that render Prez Trump permanently guilty by way of impeachment?

IMO, the White House should ask SCOTUS to nullify these Articles of Impeachment as unconstitutional, on various grounds.

41 posted on 12/20/2019 12:29:12 PM PST by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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