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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: Bob434
What Drives The Trump Haters
121 posted on 12/23/2019 12:53:09 PM PST by Ohioan
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To: itsahoot
-- I notice a claim that the Court made a decision in Nixon that covered this --

The Nixon case says basically that courts can't step into an impeachment trial. It says noting about the procedural "gap" between resolving to exhibit articles and actually presenting them.

In the Nixon case, the House exhibited articles and prosecuted the case. The Nixon case doesn't cover a situation where the house refuses to exhibit articles and refuses to bring the case.

122 posted on 12/23/2019 1:00:09 PM PST by Cboldt
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To: enumerated

They didn’t mind him getting savaged by Mueller.


123 posted on 12/23/2019 1:01:55 PM PST by jmacusa ("If wisdom is not the Lord, what is wisdom?)
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To: Cboldt

Right.

I read the case a year or two ago, and my recollection is that as long as there is a whole-chamber vote, courts have no say.

But I believe there were hints that courts might intervene under the right circumstances. Some of the non-traditional proposals about this impeachment might invite out-of-control court interference.


124 posted on 12/23/2019 1:11:08 PM PST by jjotto (Next week, BOOM!, for sure!)
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To: jjotto
-- I believe there were hints that courts might intervene under the right circumstances. --

See Souter's concurring opinion in the case. See too remarks by other justices on (generally) the hypothetical conditions raised by Souter.

Syllabus says:

In some instances, courts might be allowed to intervene in the impeachment process, such as if it were undermining the integrity of the Senate.

125 posted on 12/23/2019 1:21:44 PM PST by Cboldt
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To: Pollster1
Got that covered...

 thumbs-up thumbs-up

126 posted on 12/23/2019 2:31:36 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: jmacusa

“They didn’t mind him getting savaged by Mueller.”

President Trump himself never lifted a finger to stop the witch hunt. He likes keeping the Democrats occupied with investigations that lead to nowhere. The Republicans will do whatever he wants.

Don’t worry about it -


127 posted on 12/23/2019 2:31:56 PM PST by enumerated
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To: jmacusa

“They didn’t mind him getting savaged by Mueller.”

President Trump himself never lifted a finger to stop the witch hunt. He likes keeping the Democrats occupied with investigations that lead to nowhere. The Republicans will do whatever he wants.

Don’t worry about it -


128 posted on 12/23/2019 2:31:57 PM PST by enumerated
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To: bert
Talked to one of them on Friday.

He agrees.

129 posted on 12/23/2019 2:33:05 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: SaxxonWoods

Seems fair, since no actual crimes are needed either.


130 posted on 12/23/2019 2:33:05 PM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself.)
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To: BlueLancer
Wonder if Granny Botox knows the penalty for impeaching Cthulhu?  thinking face face 

with tears of joy face 

with tears of joy
131 posted on 12/23/2019 2:38:24 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: chuckb87
I belive they are tired of voting for the lesser because the lesser essentially is the same as the greater. I’m tired of it too.

Watching President Trump stock the Federal courts with young Federalist Society originalists has been heartening.

That will go away if we get sold out by "the lesser of two evils".

We already saw that with that Mitt-licking scumbag Paul "Eddie Munster" Ryan [the RINO].

132 posted on 12/23/2019 2:42:57 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: enumerated

I’m not worried about a thing. I worked in NYC years ago, in the union construction industry. I never worked on any of his jobs but men in my local did. They said he was a ‘’gentleman’’ which in the parlance of the business meant just that and it also meant you were a man of your word and some one not to be screwed around with. When you attack Trump he hit’s back, and hard.


133 posted on 12/23/2019 3:10:35 PM PST by jmacusa ("If wisdom is not the Lord, what is wisdom?)
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To: TigersEye

To ignore it is EXACTLY what the rats want. Impeachment with no acquittal. Take care of this now. Do it G D it! get it done.


134 posted on 12/23/2019 3:16:49 PM PST by gibsonguy
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To: A Navy Vet

Of course I heard her ‘deception’....that’s how Nancy rolls. Everything and anything that will give the illusioon she’s not in agreement with others...but as you see she is very much continuing to lead this sham. She also ultimately said it’s what her voters want as well. So if you want to buy what she says thn that’s your perogative. I never do because she has admitted what is said is ‘the game’ played and not what it actually is. She’s a liar, deceptive and a master of it.


135 posted on 12/23/2019 4:35:16 PM PST by caww
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To: enumerated

Trump upset the ladder of glory (to borrow a Roman Term). He jumped over every step to the top, and broke the ladder behind him.

He is hated by all the .gov staff, half the military, all of the officers, and the fed LEO’s.

The far thinking GOP members are thinking “If I help get rid of Trump, that may let me back into the club!”

Don’t for a minute think that this is not going through all of the Senators minds right now.


136 posted on 12/23/2019 4:35:54 PM PST by redgolum (If this culture today is civilization, I will be the barbarian.)
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To: Flick Lives
Pelosi is like some crazed girlfriend who’s sh*t testing Mitch by throwing a tantrum.

That is a great analogy!

I had a bats#!t crazy girlfriend like that once. I told her that was it, sayonara!, and ignored her. Got crazy letters flipping back and forth from bizarro anger to sweet professions of love for three months. Ignored them all and finally she quit.

Good chance Nanzi will act similarly with Mitch.

137 posted on 12/23/2019 5:51:32 PM PST by TigersEye (MAGA - 16 more years! - KAG)
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To: Trump Girl Kit Cat
I just saw Turtle on Fox & Friends and he is NOT planning on going forward with anything until he gets the articles, ...

He is a lot smarter and tougher than he looks I guarantee you.

138 posted on 12/23/2019 5:55:24 PM PST by TigersEye (MAGA - 16 more years! - KAG)
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To: gibsonguy

Naw. Pelozi is the one who is sweating.


139 posted on 12/23/2019 5:56:25 PM PST by TigersEye (MAGA - 16 more years! - KAG)
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To: jmacusa

“They said he was a ‘’gentleman’’ which in the parlance of the business meant just that and it also meant you were a man of your word and some one not to be screwed around with.”

Glad to hear it. That reputation must be why he peeled so much blue collar support away from DNC and won the rust belt in 2016.


140 posted on 12/23/2019 7:26:23 PM PST by enumerated
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