There's no requirement — or need — for an actual trial in the Senate

The Hill ^ | 12/24/2019 | BY PROF. BRADLEY A. BLAKEMAN, Georgetown University

[SeekAndFind]

When the Senate gets the two articles of impeachment from the House, it will have no choice but to deal with both. The question is how they should do it. The Senate has options.

Senate Majority Leader Mitch McConnell (R-Ky.) has already stated that President Trump will not be removed for the threadbare, inadequate articles of impeachment passed by the House. So, here are a few ways that it could turn out:

1. The Senate could entertain a motion by the president’s counsel to dismiss — before the start of a trial — both articles of impeachment, for failure to meet the constitutional threshold for stating a cause of action. Such a decision would require a simple majority of 51 votes because this would be a procedural motion;

2. The Senate could begin a trial and, thereafter, could end it whenever the Senate majority deems it has heard enough and calls for a vote. Such a vote would be called when the Senate majority is confident that a supermajority of 67 senators — two-thirds of the Senate — would not vote to convict;

3. The Senate could conduct a full-blown trial, and it could drag on for as long as the Senate majority feels doing so is in its interests. It has a wide berth for calling or subpoenaing witnesses as it feels is germane. This would cause a circus-like atmosphere that would require the Supreme Court’s chief justice, the presiding officer in a Senate trial, to make numerous rulings, some of which would be unpredictable in their outcomes.

4. The Senate, after the conclusion of a trial, could once again entertain a motion to dismiss, alleging that House Democrats had failed to prove their case. This is a procedural motion that would require a simple majority to make deliberations

[SteveH]

0. the senate could take judicial notice of the articles passed, and entertain and pass an immediate pre-trial motion to dismiss by the president’s counsel.

0.1 the senate declare the house a vexatious and irresponsible litigant, and ignore further articles of impeachment for the duration of the current house session.

[Steely Tom]

This would be immediately attacked by the MSM-Democrats and the entire Deep State apparatchik as "illegitimate" and "a parliamentary maneuver" and a "Republican stunt" and "the fix is in," etc., etc.

However, the MSM-Democrats are going to make those accusations against any outcome that doesn't result in their fantasy Orange Man Family Frog Walk from happening, so maybe they should go for it.

[MrEdd]

I like a trial now.

The Senate controls both the prosecution and the defense under the rules concocted for Bill Clinton's trial. Therefore all motions and all objections will be made by Republicans.

Therefore, use the Trump impeachment trial to enter into the legal record every prosecutable crime committed by Congress critters, the state department, the FBI, the CIA,
and the Diplomatic Corps as part of the proceedings. Then dismiss it as having no merit after the trial.

At the beginning of Trumps second term bring all troops home from Europe and the Middle East clean house and go after all of them with the troops home a d deployed around Virginia and along both borders.

[catnipman]

lots of useless speculation ... both Graham and McConnell have REPEATEDLY said if/when there’s a trial they want it conducted with the same rules as the Clinton impeachment trial ...

[Chauncey Gardiner]

Best for 51 votes to end this by dismissal. Not confident of getting 67 not to convict.

[17th Miss Regt]

2. The Senate could begin a trial and, thereafter, could end it whenever the Senate majority deems it has heard enough and calls for a vote. Such a vote would be called when the Senate majority is confident that a supermajority of 67 senators — two-thirds of the Senate — would not vote to convict;

Why a two thirds majority? They only need one third plus one to ensure no conviction.

[Freedom_Fighter_2001]

What? Need 67 to convict.

[Still Thinking]

Maybe it’s like a criminal jury. Conviction or acquittal must both meet a certain number of votes. Anything in between is a hung jury.

[Texas Eagle]

Nice catch. As usual, the Fake News Media has it exactly backwards. It would take 67 votes TO convict.

The FNM And demonicRATS are always playing heads I win, tails you lose.

[Sans-Culotte]

You’re confident of 51 to dismiss but not 34 to acquit?

[pepsionice]

In terms of ‘harm’....the only two characters with serious potential harm in the end are Hunter and Joe Biden, if this goes to a full-blown circus atmosphere.

If Joe Biden were forced out of the primary system, it would trigger a massive amount of public questions about why it required an impeachment on Trump, to get to the truth over Hunter and Joe. A loss of trust with the Democratic Party would occur, and really screw up the bulk of the 2020 election ‘drama’.

[tflabo]

The Senate should shut impeachment down with a one or two day hearing.
Then later on open up a separate inquiry into Ukraine and shady Burisma money laundering.

[upchuck]

I like option #1. But somewhere along the way we need to get serious about money laundering our financial aid and how dollars come back to the politicos and others. Clearly illegal.

[thoughtomator]

Nothing in the Constitution appears to require the Senate honor the House’s impeachment articles in any way, delivered or not. It can choose to conduct a trial... if it wishes. But there’s no language in there that says it has to.

[JLAGRAYFOX]

I and millions of Americans are totally turned off by the squawking of the Democrat Party chickens led by the ranting and ravings of insane Democrats, Nancy Pelosi, Adam Schiff & Jerrold Nadler, regarding the impeachment of POTUS, Donald J. Trump. The Democrat “Fake News Media” has destroyed what little credibility it has ever had...now...it has no credibility whatsoever!!!

The ranting and raving of the same information hour after hour, day after day has become both annoying and exceedingly boring to the overwhelming, masses of the American people!!! It has got to end and end right now!!! The Democrat Party had their chance and opportunity led by Pelosi, Schiff & Nadler and they failed miserably & weakly at best. We are sick of it all...Stop it “MEDIA”....Case closed!!!

[yoe]

End it, this sham of an impeachment, and end it now. This POTUS is innocent of all claims for impeachment...the impeachment of a hotdog will do. President Trumps is not guilty of, Treason, Bribery, or other high Crimes and Misdemeanors”... Pelosi and gang have spent over three years looking for a crime with which to overthrow this President, duly elected by the American people. End this nonsense Senator McConnell and END it NOW!

[EQAndyBuzz]

Dismiss it outright for the Democrats not meeting the obligation.

[NTHockey]

Before any trial begins, there should be a vetting of the jury.
1. Senators running for President shouldn’t be allowed to vote - conflict of interest.
2. Likewise, Senators who are political friends or enemies can’t vote. Prejudged the case

That should eliminate the whole Senate. Ergo, no trial.

[AnthonySoprano]

‘

The Republicans can blow them out of the water.

They won’t take away one little curtse though.

Lindsey Graham and co. only care about what the Dems in the Senate think about them.

‘