Rules?
We don't need no stinking rules.
Posted on 01/08/2021 8:19:45 PM PST by SeekAndFind
Speaker Nancy Pelosi, D-Calif., has called on Vice President Mike Pence to initiate the 25th Amendment process to remove President Donald Trump from office. Pelosi suggested that the House will likely impeach Trump based on his role in this week’s attack on Congress if Pence does not act. According to Assistant Speaker Katherine Clark, D-Mass., the House will vote on impeachment articles next week.
But Democrats' bid to impeach Trump before he leaves office is not possible under the rules. The Senate cannot begin a trial in its current procedural posture - much less end one - before Trump's term as president expires. And Congress can't impeach Trump once he has left office.
The House has “the sole Power of Impeachment” under the Constitution (Article I, section 2, clause 5). That means that it must initiate the impeachment process. However, the Constitution gives the Senate “the sole Power to try all Impeachments” (Article I, section 3, clause 6). Consequently, removing Trump from office requires both House and Senate action.
A trial begins when the House sends articles of impeachment to the Senate. Specifically, Rule II of the Senate's Rules of Procedure When Sitting On Impeachment Trials stipulates that trial proceedings begin once the House managers arrive at "the bar of the Senate" to present their articles of impeachment. After submitting the articles, the House managers withdraw. The Senate then takes steps to organize itself for the upcoming trial (i.e., administer oaths, notify the Supreme Court's Chief Justice that he must preside when the House impeaches a president, etc.).
The Senate must be in session to receive the House’s articles of impeachment. Rule IX of the Standing Rules of the Senate stipulates that messages (i.e., articles of impeachment) “may be received at any stage of proceedings, except while the Senate is voting or ascertaining the presence of a quorum, or while the Journal is being read, or while a question of order or a motion to adjourn is pending.” But senators routinely circumvent Rule IX’s prohibition on receiving House messages “during a recess…pursuant to an order of the Senate, and by unanimous consent.”
Yet even if it receives articles of impeachment from the House, the Senate cannot begin the trial until January 20. This is because the Senate is not currently in session. It will next convene in pro forma sessions on January 8, 12, and 15 before reconvening in regular session again on January 19. And the unanimous consent agreement that set up the pro forma sessions explicitly bars the Senate from conducting business.
Absent unanimous consent, the Senate cannot begin an impeachment trial before 1 pm on January 20. Rule III of the Senate’s impeachment rules stipulates that when the Senate receives articles of impeachment, it “shall, at 1 o’clock after noon of the day (Sunday excepted) following such presentation, or sooner if ordered by the Senate, proceed to the consideration of such articles.” The unanimous consent agreement to set aside the Senate’s rules regarding pro forma sessions supersedes any provisions of those rules that requires senators to begin an impeachment trial.
This timeline makes Democrats' impeachment effort moot because Trump will no longer be in office when the Senate can begin a trial under its rules. The 20th Amendment to the Constitution stipulates, "the terms of the President and Vice President shall end at noon on January 20." In other words, President-elect Joe Biden will be sworn in as president one hour before the Senate can begin Trump's impeachment trial. And once Biden is president, Trump is no longer eligible for removal from office.
If Congress is initiating this impeachment to PREVENT Trump from ever running for office again, they might as well pass a law that says: “Donald Trump is banned from running for Public office for life.” ( I’m not sure if this is constitutional ).
Rules? Rules are only for peasants and Republicans outside the Swamp.
Assuming that they don’t throw out the rules.
Nanzi would tell you, “Rules?!? Rules shmules! Ha, ha! Rules are the chains that bind small minds!”
Ah. Well, there you have it. All these sudden strict Constitutionalists will just have to cool stuff it.
Strange that that Constitutional Colossus known as Nanzi Pelozei didn't know that. I wonder what other pronouncements she's farted about The Constitution she's gotten wrong.
When did they start caring about rules?
it is not constitutional.
This is just PR noise to try to besmirch and damage Trump in hopes of diminishing his odds of running and winning again.
Dumb stunt by a dumb c.
So if unanimous consent is now required to have an impeachment trial in the Senate, support from just one senator allows Trump to arrest CJ Roberts, suspend habeas corpus, and put him in Gitmo until Jan. 20th! Now there’s a plan to end this mess.
The woman has serious mental problems with a dash of demonic possession.
“And Congress can’t impeach Trump once he has left office.”
They’re looking to impeach him next week - before he leaves office. The house impeaches, the senate is the “court” where his innocence and guilt is decided.
The question I have is this, after impeachment can the senate continue the trial even after he leaves office?
I did some googling and found this...
https://news.yahoo.com/trump-tried-senate-impeachment-charges-212540352.html
So this would be as ridiculous as trying to impeach someone out of the Office of the President-Elect.
Wait... hmm...
Rules?!
We don’t need no stinking rules!
My days on earth are numbered; But before I fade away, there is something important I need to say. It may not be important to anyone else; but it’s important to me.Win, lose or fraud...President Trump. I just want to say thank you...
twitter ^ | 12/31/2020 | Paul @fldiver
Posted on 1/8/2021, 5:32:13 PM by RummyChick
My days on earth are numbered; But before I fade away, there is something important I need to say. It may not be important to anyone else; but it’s important to me.
Win, lose or fraud...President Trump. I just want to say thank you for the last four years.
Thank you for making it cool to be an American again.
Thank you for showing us that we don’t need to be under China’s thumb anymore economically, or any other way.
Thank you for one of the strongest economies we’ve ever experienced in my lifetime. Thank you for all you have done for the minority communities, and the outstanding decrease in the unemployment rate you had.
Thank you for making it feel good to love our country and to be a proud patriot again. Thank you for supporting our Nation’s flag and the men and women who fought for the freedom that stands behind that flag.
Thank you for supporting our nation’s law enforcement organizations, and understanding how difficult their job really is.
Thank you for quelling the flood of illegal immigration, and bringing to justice the thousands of criminals that flood brought us.
Thank you for giving corporations a reason to come back to America to make our own products and put Americans back to work.
Thank you for bringing our troops home from endless deployments that presented us with little more than body bags; and for your commitment to strengthen our military.
Thank you for operation warp speed and keeping your promise to bringing the Covid 19 vaccine to us in less than a year.
Thank you for your never-ending attempts at bringing peace to the Middle East and your support for Israel.
Thank you for your Tax relief, and thank you for our energy independence. Most of all though...
THANK YOU for taking a damn rotten job that you never had to take!!
Thank you for caring enough for this country to want to try and make a difference.
Thank you for showing America how little Career Politicians actually work for their constituents; and for showing us how much those politicians despise you for showing America how easy it is to build a great nation, rather than rape her to line their own pockets and stock portfolios. Thank you for trying to drain the swamp. You almost succeeded.
Thank you for allowing us to experience a President that wasn’t a lifelong politician, but a lifelong American.
THANK YOU MR PRESIDENT..... YOU DID YOUR BEST....
The Rats and RINOs just want to bloody his nose once more it seems to me.
However,we must be prepared for the President,and members of his family and certain aides,to be criminally indicted after 1/20.I hope to God I'm wrong but I fear that the next couple of years are not going to be enjoyable ones for the President...or perhaps for others as well.
I say go ahead and let Pelosi and her cohorts make fools of themselves YET AGAIN! Even before Trump was elected they have been trying to get rid of him. Their nefarious efforts to steal his reelection from American voters will continue to be laid bare and the Democrats will be shown to all the world as the true traitors that they are.
They’re desperate. They know he can run again in 4 years, and any attempts at prosecuting him for who knows what after he leaves office will be seen as politically motivated and will likely fail.
It makes Nancy and the Rats look petty, stupid, and knowingly wasting taxpayer money by pursuing this garbage instead of more porkuli bills.
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