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Hans von Spakovsky: Trump impeachment by House Democrats means a trial in Senate -- How would that work?
Fox News ^ | December 13, 2019 | Hans A. von Spakovsky

Posted on 12/13/2019 11:20:41 AM PST by jazusamo

The vote by the House Judiciary Committee Friday to adopt two articles of impeachment against President Trump makes it clear that Democrats are moving full speed ahead on the road to impeachment – regardless of the merits of their accusations or the integrity of their process.

But speeding down this road looks like it will be dangerous for the Democrats, who face the strong possibility that the trip will end in a crash and leave the party with serious injuries that will cause it to lose majority control of the House in the 2020 elections.

House Democratic leaders are so determined to strike out at President Trump that they seem to be operating on the notion that “desperate times call for desperate measures.”

“The next election is at risk,” said House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., when unveiling the committee’s two articles of impeachment earlier this week. “We must act now.”

The full House, with a big Democratic majority, is expected to follow the lead of the Judiciary Committee next week and also adopt the articles of impeachment.

But don’t look for President Trump to start packing his bags. The House vote simply sends the articles of impeachment to the Senate.

Then what happens?

Here is what we know based on the Constitution and Senate procedure.

The Constitution has two short paragraphs regarding the Senate and impeachment. Article 1, Section 3, Clause 6 states that the “Senate shall have the sole Power to try all Impeachments.” Further, it provides that when sitting for an impeachment trial, senators “shall be on Oath or Affirmation.” That means that they are sworn to tell the truth and are supposed to rule in accordance with the law and the evidence presented.

(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections
KEYWORDS: impeachment; nadler; presidenttrump; procedure; schiff; senatetrial; trialprocedure; trump; vonspakovsky
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To: stylin19a
I'm guessing there will be a lot of votes, based on this:

I couldn't agree with you more. If they call witnesses in the trial it'll be a long trial.

21 posted on 12/13/2019 11:40:32 AM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: CatOwner

If the Senate Republicans turned on Trump, they’d be turning on us, the Republic party would get zero votes next fall.

This nation is doomed without Trump. Sorry, but those are the hard cold facts.

We’ve seen enough of the country club chamber of commerce deep state republiCons. I’m over it.

If it weren’t for Trump, the party would have lost me long ago. It’s a fact I stay in the party only so I can help out in the primaries. Other than that, they’re dead to me.


22 posted on 12/13/2019 11:41:14 AM PST by DoughtyOne (Pledge: "...and to the Democracy for which it stands..." I give up. Use the democRat meme...)
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MAGA!

Let’s Wrap This FReepathon Up, Folks…Donate Today!

Please bump the Freepathon or click above to donate or become a monthly donor!

23 posted on 12/13/2019 11:44:22 AM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: Not A Snowbird

Yup. They can read the polls which say Trump has a 95% approval rating with GOP voters. Only the suicidal or incurably petty would vote against him.


24 posted on 12/13/2019 11:46:45 AM PST by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer)
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To: ArtDodger

Thy are going to do that anyway. They have already said they would. The whole impeachment is a sham. Why even give it the time required for a trial.


25 posted on 12/13/2019 11:54:30 AM PST by Destroyer Sailor (Revenge is a dish best served cold.)
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To: Leaning Right
I believe that...Impeachment is a political process and not a criminal one.

According to who, you? We are not governed by reports of what Franklin said. We are governed by the Constitution was written and originally understood and intended.

The plain language of the Constitution is clear and unequivocal.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Art. II, Sec. 4.

Now if Franklin actually said that, to be constitutionally accurate he would have to have meant that "being rude" was a "misdemeanor" ("low crime") already passed in Congress as a misdemeanor.

26 posted on 12/13/2019 11:55:10 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: jazusamo

This is what is more than likely going to happen:

https://www.lawfareblog.com/can-senate-decline-try-impeachment-case?fbclid=IwAR1cxg4Pvsn-iFX5bxiD4GiGEulPE5nvSPYte87OPvUAkLVE5izmCQVUkIM


27 posted on 12/13/2019 12:04:25 PM PST by DarthVader (Not by speeches & majority decisions will the great issues of the day be decided but by Blood & Iron)
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To: jazusamo

Jaz I suspect Democrats wanted a show trial... wanted to beat up Trump for the cameras - - ‘soften’ him up before the election. I doubt they’ll vote this to the Senate - democrats would be exposed for what they REALLY are if this got to the Senate. They won’t take that risk.

We’ll see - it’s only a guess.


28 posted on 12/13/2019 12:05:32 PM PST by GOPJ (Will Chris Wallace kiss Comey's butt on-air? - Or after the show's over"... (Sunday Morning))
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To: stylin19a
All motions, objections, and requests go to the presiding officer, who is given the power to “rule on all questions of evidence including, but not limited to, questions of relevancy, materiality, and redundancy.” Those rulings can be overturned only if a senator objects and asks for a formal vote by the entire Senate – and no debate is allowed.
This could actually work against us. While there is no way the Senate will vote to convict, there might be enough wishy washy moderate Republicans to shoot down the introduction of evidence and witnesses that would damage and embarrass the Dems. For example, we might not have 51 votes to call Biden as a witness, or to introduce evidence that is not narrowly and directly tied to the 2 articles of impeachment. If that is the case, it will be a very short trial.

If McConnell can rein in Collins, Romney and Murkowski, and maintain party unity, it will be a fun ride. There will likely be 4 or 5 House Republicans acting as Impeachment Managers, and I think we saw who the bulldogs were over the past few weeks.

29 posted on 12/13/2019 12:08:54 PM PST by ETCM
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To: Jim W N

> According to who, you? <

Well, yeah. That’s why I said “I believe that...” in my post.

Anyway, the tricky part is in the phrase “high crimes and misdemeanors”. In the language of the day, that phrase included simple misbehaving. That’s why Founder Benjamin Franklin said what he did: The House could impeach a president just for being rude (obnoxious).

https://www.smithsonianmag.com/smart-news/american-presidents-can-be-impeached-because-benjamin-franklin-thought-it-was-better-assassination-180961500/

It is also worth noting that impeachment carries no criminal penalties. No one gets fined, and no one goes to jail. It is a purely political process.


30 posted on 12/13/2019 12:11:12 PM PST by Leaning Right ( I have already previewed or do not wish to preview this composition.)
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To: GOPJ

You may very well be right in my view.

It would be very convenient for Pelosi if just enough House Rats voted against it to keep it from going to the Senate.


31 posted on 12/13/2019 12:14:35 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: Leaning Right

Well impeachment is only formal charge. It then goes to the Senate for conviction.

OK, I guess I’ll have to research the meaning of “misdemeanors” back then. It seems sensible that it would be a “low crime” (which it is now) because it is juxtaposed with “high crimes” in the section.

I’ll check it out, and thank for a reasoned response.


32 posted on 12/13/2019 12:16:33 PM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: Leaning Right

Franklin also commented that if we did not have impeachment, the only way to remove a bad president would be assassination.


33 posted on 12/13/2019 12:22:07 PM PST by Loud Mime ("Now, go and do your duty before darkness covers the earth." Michael Uhlmann (1939 - 2019))
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To: CatOwner

34 posted on 12/13/2019 12:25:46 PM PST by pburgh01 (Negan all the MSM)
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To: Jim W N

> I’ll check it out, and thank for a reasoned response. <

You’re welcome. Our discussion here highlights the problems that can occur when applying 18th century language to the 21st century.

We see this also in discussions of the 2A. The word “militia” in the 2A refers to every adult. In those days, the militia was everyone. But unfortunately that word today has taken on a different meaning.


35 posted on 12/13/2019 12:37:06 PM PST by Leaning Right ( I have already previewed or do not wish to preview this composition.)
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To: Leaning Right

It also highlights the need for all of us to research and understand OUR Constitution as written and originally understood and intended, relevant in our discussion here.


36 posted on 12/13/2019 12:47:52 PM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: Jim W N

https://www.lawliberty.org/2018/08/08/the-original-meaning-of-high-crimes-and-misdemeanors-part-1/


37 posted on 12/13/2019 12:54:33 PM PST by jjotto (Next week, BOOM!, for sure!)
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To: CatOwner
The RINOs in the Senate could very easily side with the DEMs,

There's a word for where the country would be sitting if this happens. It's called a "powder keg".

38 posted on 12/13/2019 1:16:26 PM PST by libertylover (Democrats hated Lincoln too.)
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To: jazusamo

By their actions today on Trump impeachment, Pelosi, Schiff & Nadler have lost the 2020 POTUS election to POTUS, Donald J. Trump and have effectively destroyed the Democrat Party politically...period!!!


39 posted on 12/13/2019 1:23:26 PM PST by JLAGRAYFOX (Defeat both the Republican (e) & Democrat (e) political parties....Forev er!!!)
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To: CatOwner

The Republicans are going to be solid as a rock - just as they were with Bret Kavanaugh. Even Mitt Romney, who hates the President’s guts, won’t side with the Democrats on this one.

Remember, this is not just about President Trump, this is a dishonest partisan attack, a misuse of the impeachment process, and an attempt by Democrats to disenfranchise the entire Republican Party - including sixty three million voters.

I suspect a fair number of Democrats will be unable to stomach this gross miscarriage of justice, and will side with the Republicans.


40 posted on 12/13/2019 1:39:33 PM PST by enumerated
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