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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: SaxxonWoods

Nancy could give the manager jobs to the four horsewomyn— that might kill two birds with one stone for her...


21 posted on 12/23/2019 12:30:18 AM PST by SteveH (intentionally blank)
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To: Bob434

Any repub that isn’t on board will be voted out in the midterms for betraying the party


Midterm elections are the elections that fall between two elections in which a President is elected.


22 posted on 12/23/2019 12:30:43 AM PST by zaxtres
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To: SaxxonWoods

1.

If the house doesn’t deliver the articles then they didn’t finish the process by the rules they set for themselves...then Trump doesn’t need any sort of acquittal because he was never impeached.

2. A trial is now a good thing. Not a little good thing. It is a “chop the other party to pieces with chainsaws good thing.

Mitch implemented the impeachment process used with Clinton.
The Senate has assigned a prosecution team and a defense team. All this information that Trump has declassified and that came from other investigations is fair game.

With the American people watching and with the pundits and newsmen taken out of the picture all of that can where relevant be read into the record. Republicans control both sides. There will be nobody there to object.

Obama was spying on Trump in 2015.
That goes into the record.
The FBI was required to inform the candidate setting up his foreign policy team of people he should stay away from. All of this endless stuff now will come out unfiltered by the media as the trial is broadcast.

So I personally doubt that the articles of impeachment will be transmitted and Trump’s impeachment will turn out not to have happened at the end of the day.


23 posted on 12/23/2019 12:31:33 AM PST by MrEdd (Caveat Emptor)
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To: MrEdd

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.

If the vote to impeach is based upon fraudulent charges with intent to stage a coup, any vote so cast might be used as evidence in a hearing requiring capital punishment for those engaged in the coup.

There is another consideration. Since so many Democrats were clueless as to what they were actually voting for and its ramifications, there should be recourse when the votes were made with blatant ignorance but hateful intent.


24 posted on 12/23/2019 12:42:13 AM PST by Cvengr ( Adversity in life & death is inevitable; Stress is optional through faith in Christ.)
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To: SaxxonWoods

The Senate can declare the impeachment invalid, then they can begin a separate trial of Spygate.


25 posted on 12/23/2019 1:08:18 AM PST by UnwashedPeasant (Trump is solving the worldÂ’s problems only to distract us from Russia.)
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Pelosi wants the Senate to void the impeachment.


26 posted on 12/23/2019 1:37:22 AM PST by Gene Eric (Don't be a statist!)
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To: kiryandil
I’ll be cleaning my guns.

I hope you will also be buying lots of ammo for those guns.

27 posted on 12/23/2019 2:04:23 AM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: SaxxonWoods

The article is nonsense. Impeachment and transmittal are two separate but necessary things.

People are missing that distinction, which is why so much of the analysis is nonsense.

Lin Wood was correct, an extraordinary writ is what is needed (most likely mandamus, but there are other possibilities).

The impeachment vote was recorded and verified. That is the critical factor to get into court.


28 posted on 12/23/2019 2:42:32 AM PST by Gratia
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To: SaxxonWoods

“What the hell is he waiting for?”

Maybe buying some time to clean up the mess he and Elaine are in (cover tracks, get some interests out of their names, coach Chao’s parents in China, etc.) just in case this does go to trial. If it does, and the RATs call witnesses, there’s a lot of dirty laundry for everyone to be exposed.


29 posted on 12/23/2019 2:58:25 AM PST by MayflowerMadam
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To: SaxxonWoods

Senate is out of session. That’s why nancy held the impeachment to begin with. She’ll send them over January 7th the day they return pretending she did something bold.


30 posted on 12/23/2019 3:05:20 AM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: Bob434

Midterms in 2022? Something tells me that’s a lifetime in politics.


31 posted on 12/23/2019 3:06:56 AM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: Gratia
If the impeachment vote was recorded and verified then it doesn’t need to be “transmitted.” The requirement for “transmission” is just a Senate rule, and nothing more.

No offense to FR lawyers, but Lin Wood made his suggestion about pursuing a Supreme Court case because he’s a lawyer — and a court case is ALWAYS a lawyer’s recommenced course of action even if facts or circumstances dictate that it is a bad idea or the wrong course of action.

32 posted on 12/23/2019 3:22:18 AM PST by Alberta's Child (In the time of chimpanzees I was a monkey.)
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To: SaxxonWoods

The longer this draws out, the worse it looks for the traitor party.


33 posted on 12/23/2019 3:35:36 AM PST by guitar Josh
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To: SaxxonWoods
The Nixon case mentioned in your article is - Walter L. Nixon, Jr., formerly the Chief Judge of the U.S. District Court for the Southern District of Mississippi - not Richard Nixon.

I only mention this because it's something I have learned while listening & reading about DJTs impeachment.

34 posted on 12/23/2019 4:04:45 AM PST by JonPreston
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To: Pikachu_Dad

So you will be voting for the greater if two evils then?
——————
You’re correct. This is how we lost the house in 2018. Look at the mess. People need to wake the hell up.


35 posted on 12/23/2019 4:06:02 AM PST by lilypad
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To: SaxxonWoods

Is this an actual ruling by SCOTUS or some barely read blogger’s opinion being tossed around?


36 posted on 12/23/2019 4:21:21 AM PST by VanDeKoik
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To: SaxxonWoods

You do not acquit without a trial.

That would give the Democrats/media the opportunity to paint this as partisan refusal to look at the evidence.

The right thing is to thoughtfully look at what the Democrats created and then dismiss it as nonsense....with prejudice.


37 posted on 12/23/2019 4:25:25 AM PST by Erik Latranyi (The Democratic Party is now a hate-group)
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To: SaxxonWoods

“A FRIVOLOUS impeachment vote is a SEDITIOUS CONSPIRACY”

The Senate NEEDS to open an investigation of the means by which such a vote in the Congress proceeded.


38 posted on 12/23/2019 4:25:31 AM PST by mo ("If you understand, no explanation is needed; if you don't understand, no explanation is possible")
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To: TChad

Yaaaassss! A trial would be awesome. Pretrial discovery alone would be worth the effort.

Legit witnesses, depositions of their witnesses by actual lawyers (is Sydney Powell available?) would turn CSPAN into PPV.


39 posted on 12/23/2019 4:26:42 AM PST by jazminerose (Adorable Deplorable)
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To: kiryandil

“I’ll be cleaning my guns.”

You may need a new keyboard.


40 posted on 12/23/2019 4:37:32 AM PST by TexasGator (Z1z)
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