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Senate Rules of Impeachment
United States Senate ^ | 2014 | United States Senate

Posted on 12/19/2019 3:38:42 AM PST by Cboldt

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The Senate Rules are what they are. These can be modified, of course, and in Clinton's case, certain details were spelled out in S.Res.16 - 106th Congress

The source document is all of the senate procedure, and runs about 1500 pages. It's a good reference, to be sure, but I thought having just the impeachment Trial part would be handy these days.

I know that the /pre/ formatting is awkward on many browsers. I'm lazy. If somebody wants to convert to more portable, html, have at it.

1 posted on 12/19/2019 3:38:42 AM PST by Cboldt
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To: Cboldt

Can Mitch just send it back to Nancy with a note to the effect, “Next time admit the dog ate your homework.”?


2 posted on 12/19/2019 4:01:28 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: wastoute
-- Can Mitch just send it back to Nancy with a note to the effect, "Next time admit the dog ate your homework."? --

Right now he has nothing to send back. Once he gets the charges, the rules spell out the sequence. Trump is summonsed and ordered to answer, in writing. And so on.

There is lots of flexibility how the senate handles this and the grounds for decision. One of the grounds could be that the articles do not state an impeachable offense. I think Clinton made that argument, but the senate didn't vote on that.

3 posted on 12/19/2019 4:05:22 AM PST by Cboldt
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To: Cboldt
One of the grounds could be that the articles do not state an impeachable offense. I think Clinton made that argument, but the senate didn't vote on that.

Clinton actually did commit a crime. (I am firmly of the opinion that he did it to keep discussion of his sale of missile technology to China and nuclear technology to North Korea out of the news cycle; he was successful at keeping most of the American public in the dark.)

But the articles of shampeachment fail to identify a single crime. They are clear grandstanding by a Congress that is attempting to overthrow the government every member has sworn to uphold.

The silver lining here is that while the Congress was busy coaching non-witnesses and throwing hissy fits over the fact that they do not understand a President who does not share their hunger for power and ill-gotten wealth, the Senate has been busy confirming judge after judge without a single demagogic peep from the left.

4 posted on 12/19/2019 4:19:00 AM PST by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org)
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To: Cboldt

Closed door meeting locking out the Dems. Allow Trump to challenge legality of Nadler’s unsworn witness testimony and all testimony of second hand information. Rule to exclude these Items from the impeachment process and move to dismiss. Done by lunch. Ready to vote on more Trump judicial picks.


5 posted on 12/19/2019 4:22:32 AM PST by BOBWADE (WWG1WGA)
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To: exDemMom
-- I am firmly of the opinion that he did it to keep discussion of his sale of missile technology to China and nuclear technology to North Korea out of the news cycle --

Congress approved of those transaction, under the principle that "silence is approval." The puppets in Congress do the bidding of the money and war men, and the powers that be aim to level the standard of living globally, as well as reduce the world population by 80-90%. Those are a tough sell if done in the open.

6 posted on 12/19/2019 4:22:49 AM PST by Cboldt
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To: All

And of course Graham’s infamous DOA is DOA. The GOPe is just trying to figure out a way to hand Pence the crown.


7 posted on 12/19/2019 4:31:58 AM PST by gibsonguy
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To: Cboldt
the powers that be aim to level the standard of living globally, as well as reduce the world population by 80-90%. Those are a tough sell if done in the open.

Yes, it is quite obvious that rich elitists hate the concept of non-rich people living comfortable lifestyles. If we're happy living in our deplorable little houses in our deplorable little neighborhoods, then the contrast between their wealth and our non-wealth just isn't as stark.

8 posted on 12/19/2019 4:32:01 AM PST by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org)
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To: exDemMom; All

When the God fearing founders of this nation came up with the Republican vs democratic form of governmental representation. They considered that groups we call political partys once elected to a given political office. Could place their groups control and interest above the common good and benefit of the nation once elected to a legislative, executive or judicial office. Rather than work together for the common interest.

They truly believed that upon election. requiring taking the oath of office which swears loyalty to abide and support the constitution would take precedence and avert any fractious direction super ceding any political position taken by the group that the office holder associated with before entering .It took the democrat convention of 2012 when they attempted to remove any reference to God, “Our Creator,” to clearly demonstrate that belief no longer applied and when one took that oath it meant nothing.


9 posted on 12/19/2019 4:40:03 AM PST by mosesdapoet (mosesdapoet aka L,J,Keslin posting here for the record hoping somebody might read and pass around)
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To: exDemMom

Agreed. The affluence of the middle class must end, according to elites.


10 posted on 12/19/2019 4:59:01 AM PST by stuckinloozeeana
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To: gibsonguy
And of course Graham’s infamous DOA is DOA. The GOPe is just trying to figure out a way to hand Pence the crown.

I've been reading at FR for well over 20 years, and have been posting for over 15 and never have I read a more vacuous post.

Your post is blinding without merit and you should donate at least $500 more than you now do, just to be allowed to read posts, let alone to write them.

11 posted on 12/19/2019 5:33:28 AM PST by USS Alaska (Nuke the terrorist mooselimb savages, today.)
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To: gibsonguy

Pence may not be as firey or vocal, don’t underestimate how conservative he is. HE STICKS TO HIS CHRISTIAN PRINCIPLES.


12 posted on 12/19/2019 5:38:26 AM PST by GailA (Intractable Pain, a Subset of Chronic pain Last a Life TIME at Level 10.)
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To: Cboldt
In this case, and in the case of the 2nd Article of Impeachment, how would one plead not guilty or guilty for a law or proscription that does not exist?

For instance, the Hoise made up, out of whole cloth, the concept of "Obstruction of the House" when subpoenas were ignored. Under the separation of powers, the House should have sought relief from the Judiciary, but instead are making up the charge of Obstruction of the House. If the court had ordered the President to respond to the subpoena, and he did not do so, then perhaps the claim might stick.

So how does one plead "not guilty" to a scheme crafted by the Democrats where the legal construct is so flawed that it is nonsensical?

13 posted on 12/19/2019 5:42:57 AM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: Cboldt
So Nancy holds back the Articles of Impeachment until she is assured of no corruption in the Senate. (Now she knows how Trump felt.)

But, what if the Senate wants to see the Articles of Impeachment before writing the procedures and rules that Nancy so desperately wants to see? Sounds like a classic stand-off.

Nancy is therefore guilty of "Obstruction of Senate" which is a crime I just made up out of whole cloth just like the 2nd Article of Impeachment.

14 posted on 12/19/2019 5:46:15 AM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: Cboldt

I tried to read and understand. I did not see any of the words allowing the dismissal of the House articles in what would be a summary judgement.
Is there a section of the 1500 pages speaking to outright dismissal?

I now understand why there is so much out there about how the Senate will handle the matter. The rules are voluminous


15 posted on 12/19/2019 5:51:26 AM PST by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: SERKIT
-- So how does one plead "not guilty" to a scheme crafted by the Democrats where the legal construct is so flawed that it is nonsensical? --

It's not a question of answering as though a crime is alleged. An impeachable action is alleged. Just answer why it is not impeachable. House didn;t seek court assistance to compel, so conclusion POTUS would not comply is premature. Assert privilege, etc.

The decider in this case is the senate. Just argue to the Senate why it is not impeachable, then they decide.

16 posted on 12/19/2019 5:53:08 AM PST by Cboldt
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To: bert
The Senate part on dismissal in particular is in a separate document, S.Res.16 prepped specifically for Clinton.

To provide for issuance of a summons and for related procedures concerning the articles of impeachment against William Jefferson Clinton, President of the United States. Resolved, That the summons be issued in the usual form provided that the President may have until 12:00 noon on Monday, January 11, 1999, to file his answer with the Secretary of the Senate, and the House of Representatives have until 12:00 noon on Wednesday, January 13, 1999, to file its replication with the Secretary of the Senate, together with the record which will consist of those publicly available materials that have been submitted to or produced by the House Judiciary Committee, including transcripts of public hearings or mark- ups and any materials printed by the House of Representatives or the House Judiciary Committee pursuant to House Resolutions 525 and 581. Such record will be admitted into evidence, printed, and made available to Senators. If the House of Representatives wishes to file a trial brief it shall be filed by 5:00 p.m. on Monday, January 11, 1999.

The President and the House of Representatives shall have until 5:00 p.m. on Monday, January 11, 1999, to file any motions permitted under the rules of impeachment except for motions to subpoena witnesses or to present any evidence not in the record. Responses to any such motions shall be filed no later than 10:00 a.m. on Wednesday, January 13, 1999. The President may file a trial brief at or before that time. The House of Representatives may file a rebuttal brief no later than 10:00 a.m. on Thursday, January 14, 1999.

Arguments on such motions shall begin at 1:00 p.m. on Wednesday, January 13, 1999, and each side may determine the number of persons to make its presentation, following which the Senate shall deliberate and vote on any such motions. Following the disposition of these motions, or if no motions occur then at 1:00 p.m. on Thursday, January 14, 1999, the House of Representatives shall make it's presentation in support of the articles of impeachment for a period of time not to exceed 24 hours. Each side may determine the number of persons to make it's presentation. The presentation shall be limited to argument from the record. Following the House of Representatives presentation, the President shall make his presentation for a period not to exceed 24 hours as outlined in the paragraph above with reference to the House of Representatives presentation.

Upon the conclusion of the President's presentation, Senators may question the parties for a period of time not to exceed 16 hours.

After the conclusion of questioning by the Senate, it shall be in order to consider and debate a motion to dismiss as outlined by the impeachment rules. Following debate it shall be in order to make a motion to subpoena witnesses and/or to present any evidence not in the record, with debate time on that motion limited to 6 hours, to be equally divided between the two parties. Following debate and any deliberation as provided in the impeachment rules, the Senate will proceed to vote on the motion to dismiss, and if defeated, an immediate vote on the motion to subpoena witnesses and/or to present any evidence not in the record, all without intervening action, motion, amendment or debate.

If the Senate agrees to allow either the House of Representatives or the President to call witnesses, the witnesses shall first be deposed and the Senate shall decide after deposition which witnesses shall testify, pursuant to the impeachment rules. Further, the time for depositions shall be agreed to by both leaders. No testimony shall be admissible in the Senate unless the parties have had an opportunity to depose such witnesses.

If the Senate fails to dismiss the case, the parties will proceed to present evidence. At the conclusion of the deliberations by the Senate, the Senate shall proceed to vote on each article of impeachment.

The general question of how motions will be handled is in the general rules.

There is nothing more in that 1500 pages that has to do with impeachment.

The House rules have ZERO on impeachment. Also thousand pages or so, but all on legislation, nothing at all on impeachment.

17 posted on 12/19/2019 6:01:33 AM PST by Cboldt
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To: wastoute

You missed the point. He can’t “send anything back” until he first GETS it from the House.


18 posted on 12/19/2019 6:05:37 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: Cboldt

——concerning the articles of impeachment against William Jefferson Clinton, President of the United States.-—

It would appear on the surface that the rule cited pertains specifically to the Clinton impeachment on the dates specified. Therefore it seems to follow that the rule is invalid when considering a Trump impeachment. It would seem a new rule naming President Trump with specific dates must replace the Clinton specific rule

But, it doesn’t matter. Senator McConnell will tell us what is to happen in about 20 minutes


19 posted on 12/19/2019 6:09:22 AM PST by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: bert
There are two parts, the general rules which describe generally how things go, and then a specific agreement for a specific case. That specific agreement can change any or all of the general rules.

Agree that specific rules will be created for the Trump impeachment, but they won't be revealed until after the articles appear in the Senate.

20 posted on 12/19/2019 6:20:58 AM PST by Cboldt
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