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GOP Leadership Memo Suggests Senate Cannot Block Trial If House Votes To Impeach Trump
Huffpost ^ | Sept 28 2019 | Mary Papenfuss

Posted on 09/29/2019 10:04:26 PM PDT by rintintin

The Republican leadership issued a memo Saturday clarifying that the Senate must take action if the House of Representatives approves articles of impeachment against President Donald Trump. The statement came in response to concerns that the Senate could simply refuse to hold a trial.

“There is no way we could somehow bar the doors and prevent the managers from presenting the articles to the Senate,” stated the memo, which was obtained by HuffPost. “The rules of impeachment are clear on this point.”

Senate Majority Leader Mitch McConnell (R-Ky.) also said as much in a March interview with NPR: “If it [impeachment] were to happen, the Senate has no choice. If the House were to act, the Senate immediately goes into a trial.”

(Excerpt) Read more at huffpost.com ...


TOPICS: Breaking News; Constitution/Conservatism; US: Kentucky
KEYWORDS: 116th; impeachment; kentucky; leadermcconnell; mcconnell; mitchmcconnell; republicans; senate; senatetrial; trumpimpeachment
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I know this article is from Huffington , but they seem to be quoting a genuine memo, as well as a statement by Mitch from a few months ago.

What kind of BS is this? The Constitution doesn't says the Senate "must" hold a trial. If the House votes through an illegitimate sham impeachment - without a formal vote on beginning impeachment inquiries, and without allowing Trump to confront his shadowy CIA hearsay accuser - then the impeachment does not rise to the credibility of deserving a trial.

Also, if the vote includes Dem congressmen who are candidates for president, their obvious conflict of interest renders the exercise fraudulent.

Senate GOP "leadership" should lead. It looks like they may be taking us down the garden path.

1 posted on 09/29/2019 10:04:26 PM PDT by rintintin
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To: rintintin

> “... without a formal vote on beginning impeachment inquiries, ...”

I think McConnell was aiming at putting a vote to the Senate on having the trial and knew ahead of time the vote would block the trial from ever getting started.

In this context, the Senate would review the House’s Articles of Impeachment and vote whether they want their time spent in a trial or not. If the Articles are shabby and partisan, chances are the Senate will say no-go.


2 posted on 09/29/2019 10:16:32 PM PDT by Hostage (Article V)
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To: rintintin

If the house votes for articles of impeachment, the Senate can immediately impose Scottish law and find that the articles are not proven.

Personally, I’d want a secret ballot imposed on a vote for the legitimacy of the articles. Let the cowards who want to end Trump just for defying the order of things see how strong their hand actually is. I doubt they would have the guts to even vote against him in secret, but it would be useful to know that if not.


3 posted on 09/29/2019 10:19:08 PM PDT by jz638
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To: rintintin

Thank goodness we get to go 4 years without a legislative branch of government. Just an executive and a preoccupied judicial one so inept they issue FISA warrants because Michael Isakov wrote about something.


4 posted on 09/29/2019 10:22:07 PM PDT by blackdog
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To: blackdog

At this point I think they all want Trump gone so they can get rid of the headache and get back to lining their pockets by selling off this country to China.


5 posted on 09/29/2019 10:27:45 PM PDT by Aria
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To: rintintin

If a Senate trial happens, get the popcorn.

Discovery will be FUN to watch.


6 posted on 09/29/2019 10:28:16 PM PDT by tired&retired (Blessings)
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To: rintintin

Yeah, the House has avoided a vote even on an Impesachent inquiry.
How should the renate respond… to nothing?


7 posted on 09/29/2019 10:28:41 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: rintintin

The only clause in the Constitution that governs this matter says this:

“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

There are no other requirements, rules, mandates or prohibitions on the Senate’s trial of an impeachment in the rest of the Constitution.

All that matters here is that the Constitution grants full, unchallengeable, non-reviewable. plenary authority to the Senate to conduct the trial. It’s logically impossible that such authority does not include the authority to do nothing. There is no clause that says anything equivalent to “The Senate SHALL conduct a trial, whenever a Federal official is impeached.”

That said, holding a trial might be the only way to get the true facts out to the public, including whatever documents or other information that might need to be declassified.


8 posted on 09/29/2019 10:29:20 PM PDT by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: sourcery

the trial can consist of an instant vote. They’ve done it before...


9 posted on 09/29/2019 10:33:56 PM PDT by Mount Athos
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To: rintintin

This is why the impeachment inquiry is such a joke. The House is attempting to do the Senate’s job while not voting for thr Senate to actually do the job. Funny how no one is mentioning this.


10 posted on 09/29/2019 10:35:18 PM PDT by struggle
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To: tired&retired
Discovery will be FUN to watch.

Some people are under the false assumption that Trump will have full discovery on anything he wants. That wrong, the senate will limit his defense to the impeachment charges only.
11 posted on 09/29/2019 10:37:11 PM PDT by JoSixChip (I'm an American Nationalist)
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To: JoSixChip

With the NSA data, who needs discovery? A simple Executive Order to declassify/disclose gets the job done.


12 posted on 09/29/2019 10:43:56 PM PDT by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: sourcery
With the NSA data, who needs discovery? A simple Executive Order to declassify/disclose gets the job done.

The NSA would never comply with that order, and they would have the full backing of congress, the intelligence agencies, the judicial system and the pentagon. That was never an option.
13 posted on 09/29/2019 10:49:48 PM PDT by JoSixChip (I'm an American Nationalist)
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To: rintintin
There is no way we could somehow bar the doors and prevent the managers from presenting the articles to the Senate,”

True. But there is no requirement that you act upon them.

14 posted on 09/29/2019 10:50:01 PM PDT by TheCipher (To my mind Judas Iscariot was nothing but a low, mean, premature Congressman. - Mark Twain)
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To: struggle
"This is why the impeachment inquiry is such a joke. The House is attempting to do the Senate’s job while not voting for thr Senate to actually do the job. Funny how no one is mentioning this."

Not sure what you mean. The only vote in the House that matters to the Senate is if they vote to impeach. That would come after any impeachment inquiry.

15 posted on 09/29/2019 10:50:11 PM PDT by mlo
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To: rintintin

If the GOOBers think 2018 was bad, wait until they see what happens to their jobs if they cooperate with the commie ‘RATs and their overthrowing of America’s president. They haven’t seen Jack Sh*t yet.


16 posted on 09/29/2019 10:51:52 PM PDT by FlingWingFlyer (You can vote your way into socialism but you have to shoot your way out of it.)
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To: sourcery

“...When the President of the United States is tried, the Chief Justice shall preside...”

Not so sure I am comfortable with THIS CJ presiding....whatever presiding actually means in this case.


17 posted on 09/29/2019 10:54:25 PM PDT by EagleUSA
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To: Hostage
I think McConnell was aiming at putting a vote to the Senate on having the trial and knew ahead of time the vote would block the trial from ever getting started.

This describes the mechanism to halt any "trial" from going forward.

The impeachment vote in the House is like a Grand Jury vote on bringing an Indictment in the regular world of law--an Impeachment is a political Indictment. We all know the old saw re Grand Juries indicting a ham sandwich--a la Pelosi's politically galvanized House Grand Jury.

The indictment (Impeachment) is so phony and without weight that Senator McConnell will quash the bogus Articles into oblivion with a Senate vote on the Merits.

There will be no Trial opened up in the Senate.

18 posted on 09/29/2019 10:55:51 PM PDT by henbane
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To: FlingWingFlyer
If the GOOBers think 2018 was bad, wait until they see what happens to their jobs if they cooperate with the commie ‘RATs and their overthrowing of America’s president.

If the gop betrays us like that, that is the end of the gop. dems would run the table in the 2020 elections. Who are you going to vote for after that event, some third party? There will be a new party in 2022, if voting still matters then.
19 posted on 09/29/2019 10:57:33 PM PDT by JoSixChip (I'm an American Nationalist)
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To: rintintin

No. The Senate should stop it. The following article from the Spectator, by the way, should have been posted as a proper excerpt in news and editorial.

Senate Shouldn’t Dignify Impeachment Parody With a Trial
The Spectator
https://www.freerepublic.com/focus/f-chat/3782368/posts


20 posted on 09/29/2019 10:57:57 PM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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