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SCOTUS; No articles of impeachment or a trial are required for the Senate to acquit President Trump
The Post & Email ^ | 12/22/2019 | Sharon Roundeau

Posted on 12/22/2019 11:21:30 PM PST by SaxxonWoods

Feldman isn’t trying to help the President. He knows the Senate can acquit immediately without waiting for Speaker Pelosi to transfer articles of impeachment, or for House impeachment managers to be appointed. This is because the Supreme Court has ruled – in the Nixon case – that how the Senate goes about acquitting or convicting any impeached person is non-justiciable, in that the Senate’s power is plenary and the Supreme Court may not even review it. This means that if the Senate acquits Trump immediately – without a trial – the Supreme Court has no authority, whatsoever, to review the Senate’s acquittal, and there isn’t a damn thing the House can do about it. Feldman is distracting the nation from understanding the full scope of Senate acquittal authority. He knows that if the House hasn’t impeached the President, the Senate could not immediately acquit him. This is why Feldman appears to be defending POTUS.

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


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: house; impeachment; scotus; senate
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To: TChad

“Doesn’t Trump want the trial?”

indeed he does, and he’ll get one regardless of whether Nancy “transmits” or not, but right now it’s a great political maneuver to let Nancy twist in the wind for a little while to but the lie to the Dems claim that it’s REALLY, REALLY, REALLY urgent to impeach President Trump ASAP because he’s such a “clear and present danger” ...


101 posted on 12/23/2019 9:30:30 AM PST by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: SaxxonWoods

Feldman would be correct if the House impeachment was “perfected”.
............
That is, the Senate has to be notified by the House before the Senate’s sole power can have effect.
...........
Until that notification, impeachment is just so much loose talk.


102 posted on 12/23/2019 9:54:59 AM PST by gandalftb
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To: MrEdd
as the trial is broadcast.

Maybe on C-Span not MSM alphabet networks, YouTube, FaceBook, Twitter. Maybe on FreeRepublic whose audience does not include the 300 million or so that don't read here.

I learned something at a union shop meeting one time 30 or so years back. They proclaimed that if it didn’t happen on the 5:00 clock news it didn't happen at all.

103 posted on 12/23/2019 9:58:27 AM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Cvengr
One aspect hasn’t been played out, namely the power of the Executive Branch to defend the Constitution from all enemies of the Constitution, both foreign and domestic.

I think we often forget that the Dems and Pubs share the same money pot, they re not likely to destroy their biggest source of income. Do you actually believe we have congressmen and Senators that are too dumb to know what the Clinton Global Charity along with the many other lessor known charities we don't often hear about are really about? Of courwe they do. they only hope the same opportunity will be available for them. I haven't made a study but I suspect many of our better known politicos already have such tax scam money launderers in their portfolio.

The reason we don't have the wall and the crack down on the cartels is the same, too much money at risk. Involves Politicians, Judges, Police and Banks, all making money. Maybe that is why the push to make more drugs legal so they can just replace their lost income selling tax breaks.

104 posted on 12/23/2019 10:10:52 AM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: catnipman

I said there was no established law, and there is no established law.

I said I was using indictment as an analogy, and then I used indictment as an analogy.

What is your analysis besides mere assertion?

Legal entities do not do things based on reading about it in the newspaper or watching news conferences. There is always a formal process involved in getting something from one legal entity to another. There are MANY logical reasons for that.

But what is your analysis for why transmittal is unnecessary?


105 posted on 12/23/2019 10:13:10 AM PST by Gratia
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To: enumerated

Thanks for a sane and sober analysis — strikingly unlike much of the whining and pearl-clutching that goes on in these threads.


106 posted on 12/23/2019 11:37:03 AM PST by Nothingburger (Unfort)
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To: kiryandil
"......or he doesn't have a Republican Party any more."

Please Lord make them die like the Whigs - the current Pres is the one that has the best chance to take over this party of begin a new one. Let Flake and Mittens continue their floundering and hopelessness.

107 posted on 12/23/2019 11:50:12 AM PST by Cheerio ( #44, the UNKNOWN Manchurian Candidate)
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To: enumerated
And pigs will someday. With few exceptions they don't want him there. None of them do. Trump has pulled back the curtain on the incestuous little swamp and they don't like it.
108 posted on 12/23/2019 11:50:53 AM PST by jmacusa ("If wisdom is not the Lord, what is wisdom?)
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To: Lockbox

Yup.


109 posted on 12/23/2019 11:52:02 AM PST by jmacusa ("If wisdom is not the Lord, what is wisdom?)
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To: SaxxonWoods
My prediction: Pelosi will forward the Articles in January after the recess because of the power the socialists/commies have over her. She doesn't want to lose the Speaker position and can read the soch/commie writing on the wall. The Deep State is all about power positions and their individual pools within the Swamp. We all know that Congrees-creatures all talk and deal within the halls and offices of the Capitol to build allis and solidify their positions.

McConnell and Lindsey will enforce the same rules as in the Clinton impeachment no matter how the dims and MSM howl. Why? Because the President is an outsider badass and they have NO clue how to deal with someone standing against them. Also, because the DOJ has turned an inquiry into a criminal investigation.

For those who say, where are the indictments and handcuffs yesterday? This is not a matter of some lowly burglary. This matter is larger that any Mafioso investigation and arrests.

Mr. Durham is crossing all the T's and dotting all the I's. A criminal investigation of this scope will take time. I'm hoping for a leak that Durham has empaneled a Grand Jury. THAT would say everything.

Until then, we are all speculating.

110 posted on 12/23/2019 12:15:13 PM PST by A Navy Vet (I'm not Islamophobic - I'm Islamonauseous. Also LGBTQxyz nauseous.)
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To: Gratia
Impeachment and transmittal are two separate but necessary things.

There are at least two competing opinions in these arguments stating that one or the other is absolute correct. That is not accurate unless the competing version come to an agreement then Courts will have to decide and likely get it wrong.

I notice a claim that the Court made a decision in Nixon that covered this but those lower court decisions will argue that that is wrong and the beat goes on. Even black and white Supreme court decisions are not with out challenge notice Heller and New Your and other states ignoring that decision.

We have States in a state rebellion and now Cities and Counties in open rebellion to the States and the Union so I don't see much chance of peaceful resolution to these kinds of Question.

God Help US.

111 posted on 12/23/2019 12:16:42 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Erik Latranyi
That would give the Democrats/media the opportunity to paint this as partisan refusal to look at the evidence.

They will use that argument no matter which approach is used so why worry about things you can't change.

112 posted on 12/23/2019 12:21:14 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Bob434
Any repub that isn’t on board will be voted out in the midterms for betraying the party

Mittwit will vote to impeach because of muh LDS values. I don't see anyone else in the GOP convicting Trump.

113 posted on 12/23/2019 12:21:36 PM PST by OrangeHoof (The Democrats - Unafraid to burn in Hell.)
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To: A Navy Vet

....”because of the power the socialists/commies have over her”....

That’s nonsense..Pelosi and Shulmer are leading this ‘thing’ and it’s a cop out saying anyone has power over them.... ever!
Pelosi’s always about prtecting her ‘image’ and Pelosi is the skirt Shulmer hides beind.


114 posted on 12/23/2019 12:22:04 PM PST by caww
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To: OrangeHoof

possibly susan collins, might be a couple of them who think they are safe in their districts- hopefully Maine though, which used to be very strongly conservative, will punish her by voting her out if she does!


115 posted on 12/23/2019 12:26:24 PM PST by Bob434
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To: jmacusa

“With few exceptions they don’t want him there. None of them do.”

That’s crazy talk.

Every single House Republican just proved you wrong last week by voting unanimously not to impeach.

Extremely odd behavior if they really want him gone so bad.


116 posted on 12/23/2019 12:28:55 PM PST by enumerated
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To: SaxxonWoods

If that glove doesn’t fit, its your duty to acquit!

Deliver Mitch!


117 posted on 12/23/2019 12:30:38 PM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obam_the_quintessentia_1.html))
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To: Bob434

Betraying the country


118 posted on 12/23/2019 12:40:14 PM PST by EBH (DNC=Party NON GRATA)
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To: caww
I guess you forgot Pelosi didn't want to go with this sham originally. She said as much and a matter of record. So who convinced her this was the way?

Yes, Pelosi and Schulmer are now leading this travesty on their side. Schiff/Nadler are now out of the picture. Even if they came up with solid evidence that Trump step on a kitten or some political crime, they would have to go through their whole circus-show again, which many think they will keep trying. Once re-elected, I don't see it.

Unfortunately, for them, the Senate now has all power, providing McConnell doesn't wimp out with the dim/socialist demands regarding their rules for a Senate trial. We will see. That will be the turning point...

119 posted on 12/23/2019 12:46:57 PM PST by A Navy Vet (I'm not Islamophobic - I'm Islamonauseous. Also LGBTQxyz nauseous.)
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To: EBH

Yup- true- many on the left are very unpatriotic- and want to see this country turned over to foreigners- infact, they even loathe patriotic Americans-

I just don’t understand how they have come to loathe this great nation so much- They are mentally sick it appears- The greatest nation on earth and they hate it-


120 posted on 12/23/2019 12:50:24 PM PST by Bob434
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