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Pollak: Senate Can Acquit Even If House Withholds Articles of Impeachment
Breitbart ^ | December 18, 2019 | Joel Pollak

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 ...


TOPICS: News/Current Events; US: California
KEYWORDS: california; impeachment; lawfare; nancypelosi; pelosi; trump
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To: DoughtyOne

There is no constitutional requirement.


21 posted on 12/18/2019 9:16:13 PM PST by AndyJackson
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To: AndyJackson

Then why would Pelosi announce she’s going to withhold them, not send them over. I mean that announcement is a real nothing burger if you’re correct.


22 posted on 12/18/2019 9:18:03 PM PST by DoughtyOne (Pledge: "...and to the Democracy for which it stands..." I give up. Use the democRat meme...)
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To: DoughtyOne

Mitch can tell her the rules are the same as they were for Clinton. Then, if the articles aren’t presented by 1/3/2020 we will vote to dismiss. Period.


23 posted on 12/18/2019 9:19:55 PM PST by Equine1952 ((You can die on your feet or live down on your knees. You can not do both. Freedom Is not Free))
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To: DoughtyOne

She wants to give Senate Democrats leverage.

But offending the Senate like that has just guaranteed the opposite Is going to happen.

Democrats really know how to step in it. Its taken the glow off their win tonight.


24 posted on 12/18/2019 9:22:23 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Stosh
That happens in a Court of law which is based in the rule of law. If its a criminal case, then indictment followed by a trial by jury of ones peers is the process. If the prosecuting party fails to show up for trial, the case is tossed with prejudice.

The problem here is that this is a political process and not a court of law. Political means that number of votes drives the process. As long as men of dishonor (i.e., 'Rats) control the House by having the majority of votes, the process could go on without end. Sure, it could cost them control after the next election, but when all one thinks about is how much they hate their political opponent, rational thinking is usually not in play.

25 posted on 12/18/2019 9:22:27 PM PST by chimera
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To: Equine1952

He may not even wait that long. We’ll see in the morning.


26 posted on 12/18/2019 9:25:49 PM PST by DoughtyOne (Pledge: "...and to the Democracy for which it stands..." I give up. Use the democRat meme...)
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To: goldstategop

I agree. She stopped the big “Mo” (momentum) with her antics.

She’s dead in the water without a paddle.

The woman is ill. That’s the only explanation for it.


27 posted on 12/18/2019 9:26:57 PM PST by DoughtyOne (Pledge: "...and to the Democracy for which it stands..." I give up. Use the democRat meme...)
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To: BurgessKoch
This may be the opening President Trump needs to go to the Supreme Court.

The Constitution says that the House impeaches and the Senate tries.

It does NOT say that the House impeaches and then keeps it to themselves.

I think the Republicans would be on good ground to go to the Supreme Court to demand that the House turn over the articles of impeachment to the Senate per the Constitution, or else the Supreme Court would invalidate the articles of impeachment as unconstitutional.

If the Democrats refuse to submit the articles of impeachment to the Senate, the Supreme Court could nullify them and President Trump would go down in history as not having been impeached. If they do submit them to the Senate, the Senate would acquit, leaving Trump scarred but the Democrats blocked.

-PJ

28 posted on 12/18/2019 9:27:20 PM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: BurgessKoch

Charge and arrest demonrat traitors!


29 posted on 12/18/2019 9:36:40 PM PST by WKUHilltopper
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To: DoughtyOne

because they got this hare-brained idea from a far left professor named larry tribe.....guys a straight up kook. Shes so senile ..shes listening to anything now.


30 posted on 12/18/2019 9:38:57 PM PST by basalt
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To: Political Junkie Too

“I think the Republicans would be on good ground to go to the Supreme Court to demand that the House turn over the articles of impeachment to the Senate per the Constitution, or else the Supreme Court would invalidate the articles of impeachment as unconstitutional.”

That might be worth a try. I doubt, though, that SCOTUS will step in at the point.


31 posted on 12/18/2019 9:39:28 PM PST by be-baw
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To: BurgessKoch

As I said on another thread tonight...
This is going to get interesting quick!
I don’t see how Justice Roberts can preside over and judge a trial in the senate with his extreme conflict of interest after appointing the FISC judges that went on to sign off on the bogus FISA warrants to spy on our President...


32 posted on 12/18/2019 9:40:19 PM PST by AzNASCARfan
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To: BurgessKoch

The House voted for impeachment.

I see no place in the Constitution where the Speaker must submit it.


33 posted on 12/18/2019 9:42:53 PM PST by eyedigress ((Old storm chaser from the west))
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To: BurgessKoch

Will the house seek also to impeach the Senate? I wonder if a democrat president wasup, if he would sendthe deep state to siege senators to vote for i peach,ent, threaten them?


34 posted on 12/18/2019 9:44:18 PM PST by JudgemAll (Democrats Fed. job-security in hatse:hypocrites must be gay like us or be tested/crucified)
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To: BurgessKoch

To clarify. Submission is not required.

It is a House action the Senate must respond to.

Constitution.


35 posted on 12/18/2019 9:46:20 PM PST by eyedigress ((Old storm chaser from the west))
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To: JudgemAll

What will nail the Deep State is their blatant disregard of our foundation.


36 posted on 12/18/2019 9:48:30 PM PST by eyedigress ((Old storm chaser from the west))
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they think this is gonna force advisors to testify....lmao...they’ll just simply claim EX PRIV again in the Senate....bunch of retards...they are trying anything they can to avoid the third branch of Gov..Judicial. That should go over real well with the Chief Justice of the Supreme Court...


37 posted on 12/18/2019 9:52:51 PM PST by basalt
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To: be-baw
I doubt, though, that SCOTUS will step in at the point.

Article I Section 3 says:

The Senate shall have the sole Power to try all Impeachments.

The Constitution does NOT say the Senate only tries the impeachment sent to them.

SCOTUS doesn't have to decide any BIG issues, just say that once impeached, the House MUST transmit the articles of impeachment to the Senate.

Are there cases when the House voted for passage of a bill and then refused to send it to the Senate?

What if two-thirds of the states submitted an application for an Article V convention of the states to propose amendments to the Constitution, and the House refused to pass it along to the Senate?

No, if the House passes articles of impeachment, it should be Constitutionally compelled to pass it along to the Senate. If they won't, then the Supreme Court should compel them to or declare them null and void.

-PJ

38 posted on 12/18/2019 9:54:56 PM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: chimera

These people are insane. They live in a Twilight Zone universe.

If they were like us, the impeachment vote would have never happened.


39 posted on 12/18/2019 9:58:02 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: DoughtyOne

She is refusing to abide by any guidelines at all. She thinks she is an emperor, instead of a representative of a dung and needle infested outpost.


40 posted on 12/18/2019 9:58:16 PM PST by Luke21
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