Posted on 12/24/2019 2:10:20 AM PST by a little elbow grease
It seems to me that impeachment should not be effective until the Senate finds him guilty of the charges.
That is correct. But the partisan bickering over the last decades since Bill Clinton has sides that like to shove it in each other’s faces that a vote for impeachment is de facto impeachment all by itself.
A Democrat lawyer (Feldman) that advises Pelosi shortened it to impeachment is established when the articles voted by the House are delivered to the Senate. That was unusual as it was averse to what Pelosi was saying that now Trump is impeached forever.
Correct, but I am saying that this is not an issue of the "trial." It is an issue of Constitutionality. What the House under Pelosi, Schiff, and Nadler did was clearly Unconstitutional.
Even without weighing the complete lack of Due Process granted to the President, the articles themselves do not even pass Constitutional muster.
The court could declare them null and void before we ever got to the "trial" (which, let's be honest, isn't really anything of the sort).
Yes, it's a long shot, I know. Especially with Judas Roberts in there.
The House impeaches. The Senate decides whether to remove the President or not.
Trump is already impeached.
We will find out January 7th
No, Trump was impeached.
Regardless of what happens in the future, President Donald J Trump was impeached by the US House of Representatives in December of 2019
The impeachment can not be voided by a technicality
He was impeached by the House of Representatives on 18 Dec, 2019. Of course it was completely unfounded, political, evil, and a lie. But he was still impeached.
We need to deal with that reality.
I've read plenty of conflicting information on this. Once the next Senate is seated, the House would have to re-pass new articles of impeachment in order to send them to the Senate.
Then again I've also read several Constitutional scholars in various op-ed pieces who've said Pelosi needs to do nothing from a Constitutional basis to "pass" the articles of impeachment to the Senate.
The Constitution doesn't expressly state anything needs to be done post impeachment vote in the House of Representatives. After a vote to impeach, the articles are expressed (meaning: the House process ends, the Senate process starts automatically without any delay from the House.)
The "delivery"of articles of impeachment is transparent in that regard which also means the Senate may refuse to start their part of the impeachment process (the trial) which is the equivalent of Presidential pocket veto, or they may convene and have a vote to refuse to accept the impeachment verdict, thus acquitting the President.
I've read so much on this topic the past week being the political junkie I am, I really don't know which "constitutional expert" is right.
The Democraps will need at LEAST 68 senate seats in Nov 2020 to convict and remove. I think me seeing a white Christmas in Costa Rica tomorrow morning is 10,000 times more likely
ummm, in cr there are a few white sand beaches but no snow...
“Then you missed this clause in the constitution: “When the President of the United States is tried the Chief Justice shall preside”
So? And what?
The supreme court should never do what you say. That is for the senate to say, if they have the courage. The supreme court has not jurisdiction on impeachment. It would be like the congress telling the court what it should do for the court to tell congress what it should do.
There are quite a few white beaches, and brown ones and black ones as well. As I look out our front window I can report that Costa Rica is not having a white Christmas this morning, unless you want to count the nublena that has settled in the valley. Feliz Navidad
Well, what does the chief justice do as he presides?? Just sit there? Obviously, the chief justice must have some level of authority as a presiding judge always does.
He presides. Just like the president of the senate or the vice president, except the chief justice does not get a vote because he is not a member. The chief justice will enforce the rules adopted by the senate for the trial. He has no more power than that. This is how it worked for Clinton and Johnson.
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