Posted on 12/18/2019 8:44:23 PM PST by BurgessKoch
Speaker of the House Nancy Pelosi (D-CA) appears to be considering an idea Democrats have floated for several days of holding back the articles of impeachment to exercise leverage over the Senate and the president.
She declined formally to transmit the articles to the Senate on Wednesday evening after the House voted to impeach President Donald Trump.
Unfortunately for them, the Senate can act, regardless — and would vote to acquit.
That’s because the Constitution is absolutely clear about the Senate’s authority. Article I, Section 3 says: “The Senate shall have the sole Power to try all Impeachments.”
...
(Excerpt) Read more at breitbart.com ...
The Chief Justice presides over a trial involving the president, but the Senate makes the rules. And the Senate is controlled by Majority Leader Mitch McConnell (R-KY), who regards what the House has done with contempt.
You’re in Cocaine Mitch’s court, now.
Politico outlined Democrats’ new idea, citing constitutional lawyer Laurence Tribe (but, interestingly, not the Constitution itself). Pelosi hopes to pressure McConnell into holding a “fair trial” — this, after she and her party broke every relevant House rule and precedent, and several Amendments in the Bill of Rights, all in the name of their “sole Power of Impeachment.”
They forget that a “fair trial” applies to the accused, not the accuser, and has since 1215.
Set aside, for the moment, that holding onto the articles of impeachment would contradict everything Rep. Adam Schiff (D-CA) and the Democrats have said for weeks about the “urgency” of impeachment. They needed to stop him before he could “cheat in the next election,” we were told — that’s why the House could not wait for the courts to rule on the White House’s resistance to stop congressional subpoenas.
All of that would be exposed as a lie.
If Pelosi refuses to submit the articles of impeachment to the Senate, McConnell can convene the Senate anyway, summon the Chief Justice, and swear in the Senators as jurors. Democrats can boycott, but they can’t stop the trial.
McConnell can then propose to dismiss the charges or even hold a vote to acquit the president.
Pelosi can hide the articles of impeachment in Adam Schiff’s basement forever, and it won’t make a bit of difference.
Case closed.
This is abuse of power and obstruction of congress.
It doesn’t seem like its possible for Dems to actually get what they want, but what they hope is they’ll taint the Senate as “unfair”. But the polling hasn’t moved on this stuff for the Dems. Doubt what plays out going forward makes a difference either.
Send Nazi an egg.
If he’s impeached, “the Senate shall have the sole power to try all impeachments”.
If they can’t try his impeachment (here because of procedural games), is he in fact impeached?
If I’m indicted by a prosecutor, and the prosecutor doesn’t show up for my trial, isn’t my case dismissed?
The Democrats and their “impeachment” should be laughed out of DC.
Mitch has 'the rule of law' on his side - and he's gonna use it. Good man - thank God he's there...
“You’re in Cocaine Mitch’s court, now.”
What does that mean?
The Senate should proceed with the trial as the article discusses or the Senate should vote on tomorrow and pass a binding rule that no articles of impeachment are valid unless presented to the Senate within 10 days of passage by Congress.
Could be abuse of power and obstruction of the Senate process.
It is clearly a case of ignoring the House’s duty to provide the Articles to the Senate, and could be viewed as thwarting the Senate’s mandate to play the role laid out in the Constitution.
Pelosi now has the Executive Branch, the Senate from the Legislative Branch, and possibly soon the SCOTUS of the Judicial Branch all telling her she’s a colossal idiot.
Democrats doing to the Senate what they accuse President Trump of doing.
They’re already breaking their constitutional oath to send impeachment onto the Senate tor trial.
These people have just shown the American people all their lofty talk about the rule of law, accountability and respect for the constitutional order don’t apply to them.
They’re Democrats. They make it up as they go along.
No alternative. He has been impeached. The Senate now cools, should meet tomorrow and dismiss with prejudice.
+1000!! More like “is” my friend! I have been expecting this type of scenario from the Senate for the last few weeks. Will not be surprised to see this scenario Pollak is describing play out.
There is no constitutional urey to provide articles of impeachment. They impeached. That is indisputable because we all saw it. The Senate has sole power now.
+1000!! This going to bite them in a$$!
cools = spell check for controls.
Yup.
Democrats’ partisan sham impeachment is already backfiring on them.
It couldn’t happen to a more deserving bunch of folks.
It will be interesting to watch this play out.
I believe they are required to formally present the Articles of Impeachment to the Senate for review, and the trial.
It would seem they would have to document their process that lead to their conclusion, Impeaching Trump.
If they can’t do that, this process drops doesn’t it?
Nancy has balked at providing them, so she has confirmed that she is expected to.
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.