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.
this is an OLD carny game...look here..don’t look over THERE where there remains an EO in PDJT’s cartridge belt
Exactly rules do not apply to them
Thanks to Nancy, Trump could literally change the course of human history, given just 5% of his voters would exceed any standing army in the world.
Mitch Mcconnell’s predictability is important here. He is more interested in becoming Senate Majority leader again than saving Trump. If he tries to conduct an impeachment trial before January 20, 2021, Republicans will never vote for him to be their Senate leader. This impeachment nonsense will never get anywhere in the Senate before January 20, 2021.
We are talking about rules here?? If that’s the case, then it’s a rather silly notion to expect the commie’s to follow rules. Remember, on Jan 6th the District of Corruption formally neutered the Constitution and any thought of law and order. Whatever the commies think is appropriate, they will do.
If they want to impeach Trump, to hell with rules.
What these jackasses do not know is they are poking a stick into an already infuriated bee hive. At some point in time they will provoke the bees into a stinging fest that could make the Capitol Riot look like kindergarten play.
No one wants to see this. They need to pull their act together and neuter Antifa/BLM, stop targeting Trump and supporters and actually act like they want to heal.
The banned from holding public office only holds, I believe, if he is convicted. Conviction requires a 2/3 vote of the Senate. I hope 16 of our Senators are not that craven
Can Trump resign and have Pence pardon him before he leaves office?
Roolsh shmoolsh. Roolsh are for foolsh. I’m Nanshy.
Amen
Rules?
Bolsheviks don’t need no stinking rules. The do whatever The-Party needs to do and write the rules to follow, after.
That was my next question, but what would he pardon him from? Any and all future prosecutions?
The only thing Congress can do at this point is to issue a nasty letter saying “he ought to have been removed but it was Mitch’s fault”, just to smear the Republican senators one last time.
Indeed. Agreed.
As much as I loathe what Pee-lousy is doing, I force myself to feel pity for her. At 80 YoA, she likely isn’t long for this Earth, yet all she has is hate. She reminds me of my former MiL. Even worse, her eternal future looks VERY grim.
Enjoy all that hate, Nancy. These are the best years you’ll have, for eternity.
Amen to all that!!
Donald Trump had an extremely comfortable life and he walked away from it, eyes open, straight into a political shitstorm for love of America.
If we all followed his example we could turn things around so fast.
It’s not. It would be a Bill of Attainder which is explicitly prohibited under Art I, Sec 9. But since when do the Democrats give a crap about anything in the constitution? And sad thing is that John Roberts would likely try to strong-arm the other justices into agreeing with the Dems if it ever got there.
Why doesn’t the Lord just strike her dead?
RE: Why doesn’t the Lord just strike her dead?
“The Lord is not slack concerning His promise, as some count slackness, but is longsuffering toward us, not willing that any should perish but that all should come to repentance. ( II Peter 3:9 ).
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.