House will deliver Trump impeachment article to Senate on Monday, Schumer says

MSN ^ | January 22, 2021 | Jacob Pramuk

[21twelve]

I read that as well - the trial can continue even after President Trump has left the office. Seems goofy to me. Although, with some better lawyers - it might get REAL interesting.

[dfwgator]

I would also remind the Democrats, that Adolf Hitler never would have come to power, if they didn’t put him on trial for the Beer Hall Putsch. It gave him a forum, and he gained many followers after it.

LOL, I think that actually could be the Rats’ justification for not going through with the trial.

[Verginius Rufus]

Ken Starr was on Laura Ingraham’s show last night saying that it is unconstitutional to hold the trial now that Trump is no longer President, not that they will listen to him. The House of Representatives was fixing to impeach Nixon in 1974 when he resigned—all further proceedings were dropped. Of course Nixon was ineligible to run for President or Vice President since he had been elected President twice, but in theory he could have run for another federal office.

[Ingtar]

I guess they do not realize that they cannot do any other business while the Senate hears the case. No confirmations. Of course, they will probably ram those in without hearings ahead of time.

[MrRelevant]

The Constitution states that the punishment for impeachment shall not surpass removal. This all posturing and will go no where.

[Verginius Rufus]

Wouldn’t that be a reason for the Democrats to go through with the trial? Capitol riot on Jan. 6 is like the Beer Hall Putsch, so Trump should be put on trial because he is just like Hitler (if not worse).

[Campion]

I don't think you can take a conviction that hasn't happened yet to SCOTUS. He could go to a Federal judge and ask for an injunction, but I think the judge would say that he doesn't have the authority to grant it.

Sensible thing to do would be to fight it on the Senate floor. If the Senate votes to convict and then to disqualify from Federal office (and if Trump wants to run again), then take that to SCOTUS on the grounds that an ex-officeholder can't be impeached.

But I think Trump will beat the rap on the Senate floor pretty easily. The bad guys need 2/3rds to convict.

[wardamneagle]

Take the fence down....wait....put the fence back up.

[Campion]

The Constitution states that the punishment for impeachment shall not surpass removal.

No, it further states that it can include disqualification for Federal office. That's what this is about.

[frogjerk]

Where did you read this?

[nathanbedford]

There is not one chance in a hundred that the supreme court will let this post term impeachment soil the hem of their black robes.

More interesting is the almost inevitable motion that will be directed to the Chief Justice who sits as a constitutional officer to preside over the impeachment trial. He will be asked to rule that the Senate has no power to impeach a president who is already left office.

It does not take a psychoanalyst to know that Chief Justice Roberts will duck the issue and leave it for the Senate itself to decide.

Republicans, especially those Rinos who have spoken out in favor of impeachment, might very well use this motion as a dodge to avoid voting on impeachment on the merits by voting that the motion should prevail and the trial stopped. If it appears that public opinion has turned against impeachment, some Democrats facing reelection in contested states in 2022 might well do the same.

Democrats might see it as a way to avoid a debacle.. More likely, they will simply shorten the time available for trial and then see a vote of acquittal by a narrow margin which will give them talking points that a majority of the Senate voted to convict.

My hope is that it goes to a plenary trial, there is nowhere to go from here but up. The Democrats have no factual or substantive case.

[frogjerk]

The bad guys need 2/3rds to convict.

Convict of what? The punishment is removal from office. There can be no conviction.

[dfwgator]

This is how politics is now, it’s all about theater and placating the base.

I have no doubt that was why Trump challenged the election right up to the end.

You know damn well if he conceded early, most of his rabid base would have abandoned him vowing to never vote for him again. By fighting to the bitter end, the base is still intact, he may have lost some, but overall he lives to fight another day.

Same here, the Rats know their base wants blood, so they have to go as far as they can, even though they really don’t want to do it.

[dfwgator]

GOP will never convict anyway.

The Rats know that.

[frogjerk]

He is not in office. He cannot be convicted of impeachment (removal of office). Anything after he is out of office would be a bill of attainder which is clearly unconstitutional and has been adjudicated many many times.

[Dan in Wichita]

Expect a Soviet style kangaroo court with CJ John Roberts presiding.

[GOYAKLA]

May I also say “Democrats still breaking wind”. Except, Gerry Nadler!

[JWNM]

Odd that McConnell does not express any concern that the impeachment was conducted in a completely unconstitutional manner to begin with. Merely that President Trump would not have time to mount a defense.

[MercyFlush]

And THAT is a bill of attainder.

[browniexyz]

Let a new administration get and good and bogged down in this for a long time. Senator McConnell, we are counting on YOU to make sure there is talk of nothing else for at least six weeks!!