Skip to comments.Pelosi powerless to delay Trump impeachment trial if Senate does THIS
Posted on 12/20/2019 12:06:10 PM PST by NobleFree
[GianCarlo Canaparo is a legal fellow in The Heritage Foundations Meese Center for Legal and Judicial Studies.]
[...] Lets start with the Constitution. Article 1, Section 2 states that the House shall have the sole Power of Impeachment. Section 3 states that the Senate shall have the sole Power to try all Impeachments.
Critically, there is no mention of procedure here. So where does this supposed transmittal requirement come from? The answer is the Senates own rules. Specifically, its rules governing impeachment procedure.
The first rule of impeachment procedure states that the Senate will not act on an impeachment until the House sends to the Senate its appointed managers the representatives who will act as the lawyers during the impeachment trial. After the House has presented its managers to the Senate, then the Senate takes the reins and launches its trial.
So can Pelosi delay an impeachment trial? Yes, as long as the Senate doesnt change its current rules. But theres absolutely nothing stopping it from changing this rule, and the Senate should change the rule to prevent this sort of gamesmanship.
[...] So the Senate should change its impeachment rules as follows: once the House has impeached the president, the Senate shall set a date for trial and shall set a deadline for the House to present its managers to the Senate. If the House fails to meet that deadline, the Senate will either dismiss the articles of impeachment for lack of prosecution or, better yet, vote on the articles immediately in light of the evidence presented to it in this case, no evidence.
Having set this boulder rolling, House Democrats should not be allowed now to hold it up. They started this process. Its up to the Senate to finish it on its terms alone. Not Pelosis.
(Excerpt) Read more at foxnews.com ...
I posted this exact suggestion on a thread here without the last two hours. LOL.
I like that idea.
And I posted it this morning: http://www.freerepublic.com/focus/f-bloggers/3802381/posts
Senate can change the rule by a majority vote and set a deadline for the House to present its case.
If it doesnt, it can vote to dismiss the articles of impeachment with prejudice and vote a directed acquittal of the President.
This assumes the gopE senate wants to dispatch the articles of impeachment. I don’t think so, I think they are all good with this hanging out there as an insurance policy against Trump. Opinions vary, but that’s mine.
You’re assuming Mitch has 51 votes for such a move.
He may eventually get there, but for now he’s content to let Nancy twist in the wind.
Our R Senators have here a wonderfully easy opportunity to shove it firmly and squarely up the Drats derrières. Its a gimme.
Its also theirs to lose, and going by precedent...
IMO it would be stupid for the Senate to change the rules. The Left actually acts like there are no rules for them, and the only rules that exist are ones that apply to their opponents.
If the Senate were to budge at all in response to Pelosi demands it would be a bad move. In fact, it would only open the door to more of this underhanded sliminess that we have seen for months regarding this Yoo-crane fantasy.
is this like one of those hacks i see on youtube..? like an impeachment hack..?
Surely some smart person has already approached McConnell with this idea.
The Senate should resolve....
“It is Resolved that Unless the House of Representatives Delivers the Articles of Impeachment they Voted for On December 18, 2019 to the Secretary of the Senate on or before January 7,2020 then such Articles will Immediately be Declared Null and Void, and be Subject to Immediate Dismissal with Prejudice if/when such Articles ever do Show Up.”
Set the date for either Dec 24 or Dec 31... Happy Holidays.
That is one weird gif. Barr?
Barr may one day be a PITA to Schiff. But not regarding impeachment.
THIS ONE WEIRD TRICK makes democrats see reason...
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