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 ...
Resolved, That William Jefferson Clinton, President of the United States, is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the United States Senate:
(House Resolution 755, One Hundred Sixteenth Congress, First Session)
Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate:
The House expressly resolved to exhibit the articles to the Senate. That is what passed.
It is axiomatic that the accuser isn't done until the accuser presents the case to the trier of the case.
Using the trial analogy, composing the indictment is not the end of the prosecutor's job. The prosecutor also has the role of presneting the charge to the judge, to the jury, something more than write the indictment, publish it in the paper, and file it in his own desk.
Anyway, the House role is not over. It is at the pivot point where it has resolved to exhibit the accusation to the senate. This is what they voted on, "we resolve to exhibit this to the senate." That passed. That exact language.
What does the house resolution say?
(House Resolution 755, One Hundred Sixteenth Congress, First Session)
Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate:
I cannot see why delay of transmittal would force McConnell to do anything. It just keeps IMPEACHMENT in the forefront of the popular consciousness and swings more 2020 votes and Congressional seats to Trump and the Republicans unless, of course, McConnell reverts to traditional Republicanism and “caves.” Pelosi may be calculating that maintaining a spine is wearing on McConnell and eventually that spine will revert to its normal gelatinous state.
The Senate sets its own rules for impeachment. There is already a Senate bill outlining specific procedures for accepting articles from the House. This Senate should simply pass another standing bill proclaiming these impeachment articles are officially rejected as soon as they get logged into the Senate record .....in the presence of the SCOTUS Chief Justice, of course.
The Chief Justice is a constitutional requirement.
Here's the bottom line: there are only a few sentences in the entire constitution relating to impeachment. It's completely uncharted territory, and as it's only happened twice before Trump, there's no real precedent. Even more interesting, the two prior occurrences never established - as a rule of common or codified law - any binding precedence either.
That's why the House was able to strong arm their articles through committees and the floor vote. Since impeachment isn't a criminal indictment, there wasn't any allowance made for defense witnesses, nor effective cross of DNC (hearsay) "witnesses". So what the House has effectively proved is that anything goes.
Well, now it's time for the Senate to have its turn at the wheel of fortune. And what's good for the goose is good for the gander. The constitutional stipulations are incredibly loose and vague. Really, the Senate can literally do anything they want, including treating the published articles as 'delivered'. There is simply nothing that could stop the Senate from dismissing the entire cause of action without even holding a hearing.
Since this is the case, and the Senate holds all the cards, it's like a cat toying with a mouse. There is no out option for the House on this any longer; their pinnacle point of power when was when the last vote was cast in favor. Like a girl playing hard to get, once the deed is done, the power shifts hands.
It's more than that. Schiff was apparently on Rachel Madcow's show last night talking about evidence he has against Vice-President Pence. They mean to complete the coup, which would make Pelosi president (maybe she could appoint Hillary VP, then resign? That would complete the "fixing" of what the Electoral College got wrong).
Yup! And Mitch acknowledged that danger this morning.
Pelosi has gone rogue...along with the entire democrat party.
what can we do about?
“Or the senate can just vote right away and give Nancy the finger.”
The Senate should act by setting rules that 1) Give the house 3 days to present argument on its case limited to the evidence before the house; (2) Give Trump three days to present argument on its case limited to the evidence before the house; (3) Entertain motions for failure to state a case; (4) Dismiss the case for failure to state a case or provide admissible evidence of high crimes and misdemeanors.
Everyone should keep in mind that if the Democrats had taken the Senate in the last election, they would gleefully have removed Trump by now, with no thought about disenfranchising all those who voted him into office.
That terrifying thought never occurred to me.
I keep praying that God would remove many of these players from the scene in whatever way He deems fit.
I will not pray for someone to die or become ill so I just pray that God would remove them and leave it up to Him as to how best do it.
I would also hope and pray and expect that this country does not roll over and take it.
Then charge Pelosi with obstruction of justice!
McConnell should agree to every demand by the House Leadership.
Then the House transfers the Articles of Impeachment to the Senate.
Then McConnell promptly holds a vote to Dismiss the charges.
Pelosi will scream from her podium that Mitch lied.
But it will be to late and the case is closed.
No laws broken by McConnell. He just shouldn’t agree to an outcome.
It’s like dealing with children.
If Plastic Face waits long enough, The Turtle can go to the Supreme Court and ask for relief. I believe the Court would have no choice but to order her to send the case up or the Court would declare it Null and Void and have it stricken for the records. Where else would it be heard and what else could the Court say and do?
right..and he has top secret incriminating evidence that Trump colluded with Russia...and that was 2 years ago..
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