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What if the House doesn’t send the impeachment articles to the Senate? Idea championed by Harvard Law’s Laurence Tribe garners attention
Boston Globe ^ | 12/19/2019 | Mike DeBonis

Posted on 12/19/2019 1:50:58 PM PST by SeekAndFind

Some House Democrats are pushing Speaker Pelosi to withhold the articles of impeachment that are expected to be approved by the House Wednesday, an idea that has been championed by Harvard Law School Professor Laurence Tribe.

The notion of impeaching Trump but holding the articles in the House, which could delay a trial in the Senate for months, has gained traction among some of the political left as a way of potentially forcing Senate Majority Leader Mitch McConnell, R-Ky., to conduct a trial on more favorable terms for Democrats. And if no agreement is reached, some have argued, the trial could be delayed indefinitely, denying Trump an expected acquittal.

The gambit has gained some traction inside the left wing of the House Democratic Caucus this week. Rep. Earl Blumenauer, D-Ore., said Wednesday, as his colleagues debated the impeachment articles on the House floor, that he has spoken to three dozen Democratic lawmakers who had expressed some level of enthusiasm for the idea of "rounding out the record and spending the time to do this right."

"At a minimum, there ought to be an agreement about access to witnesses, rules of the game, timing," Blumenauer said of a Senate trial.

Another Democrat, who spoke on the condition of anonymity to discuss internal deliberations, said there is "serious concern about whether there will be a fair trial on the Senate side" and acknowledged active talks about withholding the articles.

The notion has been most prominently advocated by Tribe, a Harvard Law School professor who is a harsh Trump critic and has advised the House Judiciary Committee on the impeachment process.

In a Washington Post op-ed, he wrote that “the public has a right to observe a meaningful trial rather than simply learn that the result is a verdict of not guilty.”

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: congress; impeachment; laurencetribe; senate
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1 posted on 12/19/2019 1:50:58 PM PST by SeekAndFind
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To: SeekAndFind

I don’t remember Tribe complaining about the Clinton impeachment trial in the Senate.


2 posted on 12/19/2019 1:53:01 PM PST by outpostinmass2
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To: SeekAndFind

The Senate makes their own rules and may decide to dismiss the issue with cause.

No impeachment for you, come back one year.
Which would of course be after the elections.


3 posted on 12/19/2019 1:53:40 PM PST by MrEdd (Caveat Emptor)
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To: SeekAndFind

There’s no “agreement” to be had, you entitled clueless dumbasses.

Either send it to the Senate or don’t.


4 posted on 12/19/2019 1:53:55 PM PST by StoneRainbow68
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To: SeekAndFind

Or the senate can just vote right away and give Nancy the finger.


5 posted on 12/19/2019 1:53:59 PM PST by Vince Ferrer
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To: SeekAndFind

Democrats want Trump CONVICTED and REMOVED.

Any one who doesn’t understand what they’re after, hasn’t been paying attention.


6 posted on 12/19/2019 1:54:02 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SeekAndFind

More evidence, as if any were needed, that this entire thing a partisan political ploy.


7 posted on 12/19/2019 1:54:14 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: SeekAndFind

Democrats....

“We’re all going to pretend that we just didn’t screw ourselves royally and hope nobody notices.”


8 posted on 12/19/2019 1:55:19 PM PST by blueunicorn6 ("A crack shot and a good dancer")
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To: SeekAndFind
In a Washington Post op-ed, he wrote that “the public has a right to observe a meaningful trial rather than simply learn that the result is a verdict of not guilty.”

Whatever happened to the presumption of innocent until proved guilty????

9 posted on 12/19/2019 1:55:42 PM PST by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: SeekAndFind

Can the official Senate response be, “Bite me”? Just wondering...


10 posted on 12/19/2019 1:56:04 PM PST by Libloather (CHANGE CLIMATE CHANGE!)
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To: SeekAndFind

In a trial, the court (McConnell) sets a date and time. If the plaintiff doesn’t show, too bad. Case dismissed.


11 posted on 12/19/2019 1:57:03 PM PST by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: SeekAndFind
This is a great example of why Tribe would have been a terrible appointment to the Supreme Court. He's not only a lefty, but he's not very smart, either.

McConnell holds all the cards here. He can just do nothing, and blame Pelosi for not even sending over the articles that they rushed through. Or, after giving a warning, he can declare that the Senate will act on the articles as approved anyway, and dismiss them or declare an acquittal.

Thing is...there's not a damn thing Tribe or Pelosi can do to stop him, and his actions cannot be challenged in court.

12 posted on 12/19/2019 1:57:06 PM PST by Bruce Campbells Chin
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To: metmom

Sentence first, verdict afterwards. Straight out of the Looking Glass.


13 posted on 12/19/2019 1:57:20 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: metmom

-—“the public has a right to observe a meaningful trial rather than simply learn that the result is a verdict of not guilty.”——

This clown’s opinion of what he imagines the public has a right to, doesn’t trump the Constitution.


14 posted on 12/19/2019 1:57:28 PM PST by StoneRainbow68
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To: SeekAndFind

But apparently Trump didn’t deserve an investigation that was meaningful...


15 posted on 12/19/2019 1:57:31 PM PST by gov_bean_ counter (Trump didnÂ’t want an AG, he wanted a consigliere.)
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To: Bruce Campbells Chin

RE: This is a great example of why Tribe would have been a terrible appointment to the Supreme Court.

We can all be thankful that he is 78 years old and close to retirement. SCOTUS material he is not.


16 posted on 12/19/2019 1:58:13 PM PST by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

Pretty sure the Federalist posted 6 reasons why this strategy is a non-starter.


17 posted on 12/19/2019 1:58:37 PM PST by 1Old Pro
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To: SeekAndFind

Oh, NOW they’re interested in fairness and equal access to witnesses, when they don’t control things. Typical, two-faced Dems.

McConnell should indicate that since the impeachment vote on 2 counts is public knowledge, the Senate will begin hearings tomorrow morning, and if the House wants to have any say in things, they had best send someone over quickly. F’em!


18 posted on 12/19/2019 1:59:03 PM PST by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: SeekAndFind

The proper response to this is “go f*** yourselves. send it or don’t sent and then go f*** yourselves again”.


19 posted on 12/19/2019 2:00:55 PM PST by glorgau
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To: SeekAndFind

“And if no agreement is reached, some have argued, the trial could be delayed indefinitely, denying Trump an expected acquittal. “

The prosecutor managed to indict his ham sandwich.

But he declines to take it to court, knowing it will fail miserably.

He doesn’t even file the indictment with the court.

Has anyone been indicted?

Most 5th graders can answer this.


20 posted on 12/19/2019 2:00:59 PM PST by Mariner (War Criminal #18)
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