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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: Lmo56
-- It does not matter if the House has officially transmitted the articles of impeachment to the Senate. --

Yeah, it does. It's like having a criminal trial without a prosecutor. There is no way to do it. The prosecutor and the charges have to show up. Right now the Senate has bupkis.

81 posted on 12/19/2019 3:59:05 AM PST by Cboldt
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To: Mat_Helm
The impeachment scam is being exposed for what it actually is - a ploy to dirty up President Trump to sway public opinion and inflame hatred to gin up the Democrat base to try to sway the 2020 election as well as delegitimize whatever he trues to accomplish

President Trump is being impeached not because he is doing a bad job as President, he is being impeached because he is doing such a good job of rebuilding all the Democrats have worked so hard to destroy in America.

President Trump is exposing the reality that the steady decline of America is not, as we have been told by our elites, the inevitable consequence of historic trends beyond our control.

Instead, our decline has been intentionally engineered by treasonous politicians who have sold out our country for power, position and money.

Lots and life of money.

The Democrats know they have zero chance to remove the President and they never did so Pelosi is just trying to do as much damage as she can, while she can

The Democrats are happy to destroy the country in the process because the whole reason the Democrats are going after President Trump is because he is interfering with their goals to destroy America so they can rebuild it in their image.

President Trump is exposing these modern day Neros for what they are by succeeding in his MAGA agenda

We are faced with a stark and terrifying reality.

Democrats winning means the inevitable destruction of America and America winning means the inevitable destruction of the Democrats in power

Its just that simple

82 posted on 12/19/2019 4:06:39 AM PST by rdcbn ( Referentia)
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To: BurgessKoch

Mitch: “We deem the impeachment to have arrived for our perusal and action and we deem the impeachment to be baseless partisan pap and dismiss all charges. Now, what judges are we approving today?”


83 posted on 12/19/2019 4:26:12 AM PST by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: BurgessKoch

Unless and until articles of impeachment are delivered to the Senate, Trump is not “impeached.”


84 posted on 12/19/2019 5:08:44 AM PST by nonsporting (MAGA -- Make America Godly Again)
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To: Impy

Zen Master tells me the Senate can vote to dismiss the articles even without receiving them. This is my co-author, Joel Pollok’s, recommendation last night.

The question is, “Does dragging this out really actually help Trump?” and it very well may. Just when you thought the DemoKKKrats couldn’t be perceived as any more unjust, unfair, or un-American, they pull this.


85 posted on 12/19/2019 5:35:43 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: Luke21
"This is abuse of power and obstruction of congress."

It's also an admission that the impeachment "case" has no merit. The Senate should simply say "we will take no further action until the formal articles of impeachment are received", and move on to other business.

If the House continues to waste time by NOT forwarding the articles, they send an even worse signal to the voters that they are not "taking care of the people's business" and provide a great campaign "meme" for the 'Pubbies.

86 posted on 12/19/2019 5:57:38 AM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: eyedigress
"I see no place in the Constitution where the Speaker must submit it."

If they don't submit formal articles, the Senate CANNOT take up a trial. Without formal articles, their "impeachment" simply doesn't exist as far as the Senate is concerned.

87 posted on 12/19/2019 6:03:36 AM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: Lmo56
"It does not matter if the House has officially transmitted the articles of impeachment to the Senate."

Without formal paperwork sent to the Senate, the impeachment simply doesn't exist as a legal process to the Senate. This is an iron-bound requirement in ALL legal actions.

88 posted on 12/19/2019 6:07:28 AM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: Tallguy
"We don’t have to wait for the Democrats to walk some piece of parchment up the senate steps and lay it before the clerk as if it were Holy Writ."

Actually we do. Without the formal paperwork, "impeachment" simply does not exist as far as the Senate is concerned. What was shown on television is irrelevant.

89 posted on 12/19/2019 6:11:00 AM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: BurgessKoch

Those rascally House democrats have kept their promise: the president is now “impeached”. They never promised that he would be found guilty in the Senate.


90 posted on 12/19/2019 7:01:52 AM PST by myerson
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To: LS

The democrats have pulled off “The Immaculate Impeachment”.


91 posted on 12/19/2019 7:04:15 AM PST by myerson
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To: Impy; BillyBoy; fieldmarshaldj; LS; AuH2ORepublican; campaignPete R-CT
I googled the Clinton impeachment and I had forgotten that Robert Byrd made a motion during the trial to dismissal of both articles of impeachment for lack of merit. The Dems didn't have the votes to do that so the motion was voted down 56-44 (Russ Feingold voted with the Republicans to continue to the trial).

This time around, Republicans probably WOULD have the votes to successful have the charges dismissed without merit. That's the worst case scenario for a prosecutor -- I used to play a video game called In The First Degree back in the late 90s and the worst ending of the game is the other attorney says its obvious you have no case and moves to have your charges dismissed, and the judge rules in his favor. It's much more embarrassing for the prosecution than a Not Guilty verdict.

Given how much more through the House was with researching and carefully crafting the articles of the impeachment against Andrew Johnson and Bill Clinton, the Senate has plenty of precedent for this one.

If I were McConnell I would also counter by having a motion to censure House members who rushed to impeach the President before they had a case. Such an action would be good for this country because it would make future congresses, both Democrat and Republican, think twice before introducing a motion to impeach a President just because he/she was elected.

92 posted on 12/19/2019 8:14:33 AM PST by BillyBoy (States rights is NOT a suicide pact)
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To: Luke21

Trump should just say that Democrats can’t do anything right. They even get Impeachment wrong. Its not a campaign promise. Its not a fundraising scam. It requires the President to do something wrong. He did not. So now we have impeachment for nothing, without articles. The Senate needs to make short work of it. And move on. Give the House 4 days to make their point. Let the Senate vote on a Saturday. And be done. I think January 6th would be fine. For the House to vote they have all the evidence, no need for discovery. Just give them a few days to explain it to us. And then vote. Fairness is something the President gets. The House should already have the evidence because their vote means they believe they have seen impeachable offenses. Explain them to us. Thats all they are allowed to do.


93 posted on 12/19/2019 8:48:21 AM PST by poinq
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To: Impy; fieldmarshaldj; LS; AuH2ORepublican; campaignPete R-CT

Whoops lots of typos in my post #92. Should have spell checked.


94 posted on 12/19/2019 9:37:36 AM PST by BillyBoy (States rights is NOT a suicide pact)
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To: Wonder Warthog

“Actually we do. Without the formal paperwork, “impeachment” simply does not exist as far as the Senate is concerned.”

So then the House Democrats can create an ‘impeachment investigation’ and dress it up like an impeachment without regard to ANY recognized rules, but Senate Republicans have to adhere to what was done the last time (Clinton). Sorry, that’s playing their game. If they issue a fake impeachment and then sit on it, we can & should throw it right back at them without waiting. Give them a deadline to submit or we vote to dismiss.


95 posted on 12/19/2019 12:21:46 PM PST by Tallguy (Facts be d@mned! The narrative must be protected at all costs!)
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To: Tallguy
"Sorry, that’s playing their game. If they issue a fake impeachment and then sit on it, we can & should throw it right back at them without waiting. Give them a deadline to submit or we vote to dismiss."

No, it is the exact opposite of "playing their game"..it is adhering to the Constitution instead of making it up as we go. And the public at large sees and understands that, given that public support for impeachment has gone down and hard support for Trump has gone up as a result of their shenanigans.

When your enemy is busily shooting himself in the foot, you do NOT take his gun away. They look more ridiculous every single day.

96 posted on 12/19/2019 2:21:27 PM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: BillyBoy

” 56-44 (Russ Feingold voted with the Republicans to continue to the trial)”

I forgot that as well.

In hindsight I can only support the perjury charge against Clinton (the one fewer Senators voted to convict on).


97 posted on 12/20/2019 4:20:18 AM PST by Impy (I have no virtue to signal.)
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