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Hans von Spakovsky: Trump impeachment by House Democrats means a trial in Senate -- How would that work?
Fox News ^ | December 13, 2019 | Hans A. von Spakovsky

Posted on 12/13/2019 11:20:41 AM PST by jazusamo

The vote by the House Judiciary Committee Friday to adopt two articles of impeachment against President Trump makes it clear that Democrats are moving full speed ahead on the road to impeachment – regardless of the merits of their accusations or the integrity of their process.

But speeding down this road looks like it will be dangerous for the Democrats, who face the strong possibility that the trip will end in a crash and leave the party with serious injuries that will cause it to lose majority control of the House in the 2020 elections.

House Democratic leaders are so determined to strike out at President Trump that they seem to be operating on the notion that “desperate times call for desperate measures.”

“The next election is at risk,” said House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., when unveiling the committee’s two articles of impeachment earlier this week. “We must act now.”

The full House, with a big Democratic majority, is expected to follow the lead of the Judiciary Committee next week and also adopt the articles of impeachment.

But don’t look for President Trump to start packing his bags. The House vote simply sends the articles of impeachment to the Senate.

Then what happens?

Here is what we know based on the Constitution and Senate procedure.

The Constitution has two short paragraphs regarding the Senate and impeachment. Article 1, Section 3, Clause 6 states that the “Senate shall have the sole Power to try all Impeachments.” Further, it provides that when sitting for an impeachment trial, senators “shall be on Oath or Affirmation.” That means that they are sworn to tell the truth and are supposed to rule in accordance with the law and the evidence presented.

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


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections
KEYWORDS: impeachment; nadler; presidenttrump; procedure; schiff; senatetrial; trialprocedure; trump; vonspakovsky
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Good read on Senate impeachment trial procedure.
1 posted on 12/13/2019 11:20:41 AM PST by jazusamo
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To: jazusamo

I sure hope Trump is not being set up here. The RINOs in the Senate could very easily side with the DEMs, and Trump couldn’t do a damn thing about it. And neither would conservatives.


2 posted on 12/13/2019 11:23:11 AM PST by CatOwner
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To: jazusamo

A senate acquittal would be a mistake. It needs to be tried in the senate and handled fairly.
If there is a quick acquittal, the dems may revisit a trial when they are in power again and pull the same totalitarian tricks they did in the congressional hearings.


3 posted on 12/13/2019 11:23:12 AM PST by ArtDodger
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To: jazusamo

It needs to be tried fairly in the senate.


4 posted on 12/13/2019 11:23:59 AM PST by ArtDodger
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To: GOPJ; Diana in Wisconsin; ColdOne; Art in Idaho; Conservative Gato; ptsal; onyx; Tucker39; ...

Off the Wall Ping!

Contact to be added.


5 posted on 12/13/2019 11:24:37 AM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Before you can even legitimate get to the Senate to try the impeachment charges, you have to have a constitutional and legitimate impeachment process which this is not.

Explanation:

http://www.freerepublic.com/focus/news/3800593/posts?page=48#48


6 posted on 12/13/2019 11:26:20 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: CatOwner

Just remember he beat the RINOs too back in 16 they aint too happy with that still


7 posted on 12/13/2019 11:26:58 AM PST by al baby (Hi Mom Hi Dad)
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To: CatOwner
The RINOs in the Senate could very easily side with the DEMs

Perhaps, but there aren't enough of them to make a difference. It will be fine.

8 posted on 12/13/2019 11:27:49 AM PST by Not A Snowbird (I trust President Trump.)
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To: Jim W N

That’s nice but it’s still going to go to the senate.


9 posted on 12/13/2019 11:30:43 AM PST by dp0622 (Radicals, racists Don't point fingers at me I'm a small town white boy Just tryin' to make ends meet)
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To: CatOwner

The silver lining is that the main players for the Bush League Republicans have to run next year WITH President Trump.
They won’t be re-elected if they go against President Trump and they know it.
That’s why Flimsey Grahamnesty has been acting like a conservative, even though he is still fully committed to turning the USA into North Mexico (opposite of Trump’s agenda).


10 posted on 12/13/2019 11:31:33 AM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: CatOwner

The RINOs stand a very high chance of getting shot if they vote to run a coup against our President.

Keep in mind that citizen’s militias are forming up in Virginia to fight Democrat tyranny...it’s a very short drive from Virginia across the Potomac to Capitol Hill.


11 posted on 12/13/2019 11:31:49 AM PST by MeganC (There is nothing feminine about feminism.)
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To: jazusamo
you are right...great read on the proceedings.This will be bookmarked.
I'm guessing there will be a lot of votes, based on this:

"All motions, objections, and requests go to the presiding officer, who is given the power to “rule on all questions of evidence including, but not limited to, questions of relevancy, materiality, and redundancy.” Those rulings can be overturned only if a senator objects and asks for a formal vote by the entire Senate – and no debate is allowed."
12 posted on 12/13/2019 11:32:06 AM PST by stylin19a ((2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever))
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To: CatOwner
The RINOs in the Senate could very easily side with the DEMs, and Trump couldn’t do a damn thing about it. And neither would conservatives.

If a scenario played out where dems did a series of fake hearings and impeached over nothing and then Senate republicans joined them in convicting the President over said nothing, I think it could well result in the end of both the Democrats AND the Republicans. Certainly the Republicans would cease to exist as a party, that's 100% lock certainty. But I think a third party could rise that would crush them both into history.

13 posted on 12/13/2019 11:32:26 AM PST by pepsi_junkie (Often wrong, but never in doubt!)
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To: CatOwner

“I sure hope Trump is not being set up here. The RINOs in the Senate could very easily side with the DEMs”,

No way in Hell. The RINOs would get lynched and they know it.


14 posted on 12/13/2019 11:32:34 AM PST by laplata (He's an evil bastard.minds.)
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To: MeganC

“The RINOs stand a very high chance of getting shot if they vote to run a coup against our President”.

That’s right. They’d need to build bunkers and never come out.


15 posted on 12/13/2019 11:34:18 AM PST by laplata (He's an evil bastard.minds.)
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To: CatOwner

I believe von Spakovsky stated it well in saying the chances of him being found guilty in a Senate trial are slim to none is accurate, I’d say closer to none than slim but that’s just me.


16 posted on 12/13/2019 11:35:42 AM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

The Committee Democrats approved the impeachment articles because they’re all insane haters, but the rest of the Democrat House members may be more realistic ...

“Obstruction of Congress” was always a real stretch anyways, the courts never ruled on any of the subpoenas because the Dems never gave them a chance, they were in such a rush to get this whole thing done by Christmas.

So, I could easily see the House refusing that charge, and JUST sending the “abuse of power” charge to the Senate


17 posted on 12/13/2019 11:36:42 AM PST by canuck_conservative
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To: CatOwner
The RINOs in the Senate could very easily side with the DEMs, and Trump couldn’t do a damn thing about it. And neither would conservatives.

Fantasy.

The Senate Republicans would be shooting themselves in the head. Why?

Trump's tweet today:

@realDonaldTrump 13 Dec 2019 on Twitter: My Approval Rating in the Republican Party is 95%, a Record. Thank you! #2020Election

18 posted on 12/13/2019 11:37:35 AM PST by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: dp0622

Beside the point here.

Just becsue they are doing something done’t justify what they are doing.

It is the duty of you and I as citizens of our Free Constitutional Republic to judge whether their actions are constitutional.

You and I and the American People through our States have GOT to become once again the watchdogs of the feds.


19 posted on 12/13/2019 11:37:55 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: Jim W N

I believe that explanation is incorrect. Impeachment is a political process and not a criminal one. So the Bill of Rights and other safeguards do not apply.

Like it or not, the Constitution gives the House the absolute power to impeach. Benjamin Franklin even once remarked that the House could impeach a president just for being rude.

Now having said that, impeachment should only occur when doing it is what’s best for the country. That’s obviously not the case here.


20 posted on 12/13/2019 11:38:34 AM PST by Leaning Right ( I have already previewed or do not wish to preview this composition.)
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