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.
‘
The way they do it is, they let the lower Court rule against Trump, and then they decline to take the case.
‘
If they try that, Texas and other states may just pass laws to ban Rat politicians from ever being allowed to file for federal campaigns in those states.
DemonicRATS look at The Constitution the way Capt. Barbosa looked at The Pirate's Code. More of a set of guidelines than a set of hard and fast rules.
The best way out for Trump is if the votes to convict in the senate are not there. In that case the whole thing is a charade.
Ossoff and Warnock may get sworn in next week. If so they would need 17 republican senators to defect and vote to convict, unless the senate votes on it before they get sworn in, in which case they would need 19.
They for sure have 5 or 6 traitors that would vote to convict (the usual suspects), but given the way other gutless rats have been abandoning ship, nothing is certain.
Of course, any republican senator that votes to convict can kiss their career as republican politicians forever. Of course the Rats would welcome them in their party with open arms as courageous leaders.
Voting to disqualify DJT in such a trial would end Mitt’s career, as well as those of Murkowski and several other cowards.
How much whiskey did she have to drink before she thought up the idea?
Was kinda hoping for the 2nd impeachment to underscore the Rats’ insanity.
“I saw a liberal post they want to impeach to deny future office, remove his lifetime pension, travel expenditures, and lifetime secret service protection.”
That is absolutely their goal. They are terrified that he may run again, and they also want to humiliate him to set an example for any other outsider who may be thinking of running.
No kidding. She uses a pitcher as a shot glass. Her hooch cabinet is twice the size of her ice cream freezer.
We have just watched the Congress and senate and the courts show they do not care about what the rules or the constitution states...
Belief blindly they suddenly will is dubious at best.
They may ignore the Constitution.
“Can a president that resigns run for office again?”
Yes. So he could resign this weekend and render the impeachment and trial moot. Or if he is convinced that he has over 33 senators that would vote against conviction, then it would be better to go through a quick trial and be exonerated.
https://www.quora.com/If-a-US-President-resigned-can-he-she-run-for-President-again
That would be a bill of attainder which is unconstitutional.
All they need is a Democrat Judge and a DC jury.
and even after the republican lost, mconnell will not recess to allow trump to make appointments....
If they try that, Texas and other states may just pass laws to ban Rat politicians from ever being allowed to file for federal campaigns in those states.
You are cute, assuming thats theres going to be states rights.
As is Pelosi’s stock reply in these cases, “We have to impeach the president before we read the rules”.
THE GEORGIA RESULTS
SEND IN AN ARMY OF FED PROSECUTORS AND DO THIS
There were a series of fraudulent voting charges here. Were they enforced and corrected before this election took place ? If they weren’t is not a review called for ?
If the Georgia Secretary of State is in charge of voting he has the responsibility of enforcing the state’s regulations as to who votes. And eliminate those from voter lists who don’t qualify.
Assign prosecutors to personally canvass and investigate. Check if military actually voted by asking them. Identify all voters by checking on their residency and citizenship. If found they do not qualify charge Illegals including state visitors known as snowbirds also include any technical computer fraudulent programming testimony when presenting to the court and get these election results tossed. Try and get it done SAP before the 20th
Seriously, do you think the rules matter anymore? These people are coming for you and you want to talk rules.
Rules? Congress ignores the constitution all the time. Does anyone really think they feel constrained by their own rules?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.