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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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To: outpostinmass2

Of course. The Senate Republicans basically prevented House Republicans from presenting their case against Clinton.

Thee current quislings of the RNC can probably be cowed into a show trial against Trump given enough time.


21 posted on 12/19/2019 2:01:02 PM PST by Rurudyne (Standup Philosopher)
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To: SeekAndFind

The Senate should just do nothing until the house does its part. NOTHING.


22 posted on 12/19/2019 2:02:22 PM PST by Bitman
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To: MrEdd

The House has impeached (voted and noted as passed). It is the Senate’s role to try according to the constitution. If the paperwork is late for whatever reason, does not preclude the next step from happening, with or without the House’s cooperation. If the house was not ready, they should not have voted. That ended their role.

DK


23 posted on 12/19/2019 2:02:41 PM PST by Dark Knight
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To: SeekAndFind

Democrats being their Devious Scumbag selves again. Are they going to burn in Hell or what?


24 posted on 12/19/2019 2:03:55 PM PST by DivineMomentsOfTruth ("There is but one straight course, and that is to seek truth and pursue it steadily." -GW)
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To: SeekAndFind

Pelosi can hold them...between her knees.

They’re deluded enough to think they can hold them til the democrats take the Senate so they can remove him.

Anyone up for a constitutional amendment to redefine and limit the basis for impeachment?


25 posted on 12/19/2019 2:06:01 PM PST by bigbob (Trust Trump. Trust the Plan.)
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To: outpostinmass2

of course the GOP wasn’t crafty enough to think so extraconstitutionally


26 posted on 12/19/2019 2:09:18 PM PST by ConservativeDude
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To: SeekAndFind

If McConnell goes for a trial that will end me with any hopes for the Republican Senators and most of the Party. Hope he does not make any agreement with their demands. McConnell and the Republicans establish what the Senate will do, not the communists Democrats.


27 posted on 12/19/2019 2:09:42 PM PST by Logical me
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To: SeekAndFind

Here IMO is what could happen.

If the skank Pelousy does NOT send the articles over to the Senate, the Senate can simply ignore them and do nothing, or hold court and dismiss all past, present and future articles of such from THIS house of reps.

Or, if the skank doesnt send them and they stay till after the next election, the NEW House can bring those article back up and hold trials of retribution against those who brought this sedition and charge them as indicated.

You think I am deluded? Well...they, (democRATS)didnt follow any rules and rolled right over the constitution, violating several article of the constitution, so why would any NEW house follow any rules?


28 posted on 12/19/2019 2:10:58 PM PST by crz
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To: SeekAndFind

Dems don’t believe in “a fair and speedy trial.” They want to flood the jury pool with peers of their own choosing.


29 posted on 12/19/2019 2:11:53 PM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: Rurudyne

Clinton had dirt on all the senators as well. They knew to hold the vote quickly so as to be exposed.


30 posted on 12/19/2019 2:11:54 PM PST by outpostinmass2
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To: SeekAndFind
Appropriate response to Democrat demands:

Nuts!!!

31 posted on 12/19/2019 2:14:04 PM PST by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: SeekAndFind

After listening to Mitch this morning, it seems to me that the House is trying to set itself up, and by default the Speaker of the House, as a separate branch of government, above the Constitution. If they are successful, they can impeach any future president at will, and force the Senate to a standstill by imposing their rules on them.


32 posted on 12/19/2019 2:19:55 PM PST by shotgun
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To: SeekAndFind

.... The Coup is deepening ....


33 posted on 12/19/2019 2:28:20 PM PST by R_Kangel ("A nation of sheep will beget a nation ruled by wolves")
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To: Dark Knight
According to the constitution, the Senate may make whatever rules they like.

Including dismissal without a trial.

34 posted on 12/19/2019 2:29:18 PM PST by MrEdd (Caveat Emptor)
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To: SeekAndFind

don’t pay them until their work is completed...


35 posted on 12/19/2019 2:31:40 PM PST by heavy metal (looking back hinders moving forward)
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To: SeekAndFind

The house needs to send the articles to the Senate in order for this be considered a legitimate Impeachment. If they never send it, then it becomes nothing but a House Resolution. Basically it turns into to a censure vote and nothing more. Trump will not be able to be labeled as the 3rd President in history to be impeached!


36 posted on 12/19/2019 2:31:56 PM PST by rwoodward ("god, guns and more ammo")
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To: 1Old Pro

6 Reasons Pelosi’s Senate Obstruction Gambit On Impeachment Articles Is A Disaster


37 posted on 12/19/2019 2:32:47 PM PST by SeekAndFind (look at Michigan, it will)
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To: MrEdd

RE: According to the constitution, the Senate may make whatever rules they like.

Article I, Section 3, Clauses 6 and 7 provide:

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.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.


38 posted on 12/19/2019 2:34:09 PM PST by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

Mitch should announce a start date for the trail and give Pelousy 12 days to name the managers.


39 posted on 12/19/2019 2:36:39 PM PST by olesigh
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To: olesigh

That’s what I thought should be done from the outset.


40 posted on 12/19/2019 2:37:56 PM PST by SeekAndFind (look at Michigan, it will)
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