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Fri Apr 19, 2019, 04:50 PM

Can the Senate Decline to Try an Impeachment Case?

Short answer: probably, especially with McConnell in charge.

Interesting article about Senate rules and how McConnell could circumvent them:

Snip:

"in this time of disregard and erosion of established institutional practices and norms, the current leadership of the Senate could choose to abrogate them once more. The same Mitch McConnell who blocked the Senate’s exercise of its authority to advise and consent to the Supreme Court nomination of Merrick Garland, could attempt to prevent the trial of a House impeachment of Donald Trump. And he would not have to look far to find the constitutional arguments and the flexibility to revise Senate rules and procedures to accomplish this purpose."

The rest....

https://www.lawfareblog.com/can-senate-decline-try-impeachment-case

18 replies, 887 views

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Arrow 18 replies Author Time Post
Reply Can the Senate Decline to Try an Impeachment Case? (Original post)
TwilightZone Apr 2019 OP
Thomas Hurt Apr 2019 #1
TwilightZone Apr 2019 #4
Andy823 Apr 2019 #2
Fred Sandman Apr 2019 #3
UniteFightBack Apr 2019 #7
tymorial Apr 2019 #9
TwilightZone Apr 2019 #11
Wellstone ruled Apr 2019 #5
TwilightZone Apr 2019 #8
anarch Apr 2019 #6
stillcool Apr 2019 #10
uponit7771 Apr 2019 #12
Maxheader Apr 2019 #13
Karadeniz Apr 2019 #14
dumbcat Apr 2019 #15
TwilightZone Apr 2019 #16
sarabelle Apr 2019 #17
TwilightZone Apr 2019 #18

Response to TwilightZone (Original post)

Fri Apr 19, 2019, 04:53 PM

1. well something else that needs to be taken into account before impeachment in the House.

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Response to Thomas Hurt (Reply #1)

Fri Apr 19, 2019, 05:12 PM

4. I think most people realize it's dead in the Senate, regardless of whether there's a trial or not.

The discussion then turns to whether Dems should pursue it anyway.

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 04:54 PM

2. I have no doubt

He would block it. He is beholding to trump, Russian money comes to mind, and he would break rules, change the rules, anything to keep trump from going before the Senate and making all the republicans vote on impeachment.

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Response to Andy823 (Reply #2)

Fri Apr 19, 2019, 04:58 PM

3. Please let one of the 10 other redacted Mueller criminal referrals be about Dancing Bear Mitch.

 

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Response to Fred Sandman (Reply #3)

Fri Apr 19, 2019, 05:17 PM

7. He could also be a scumbag .....just because. No blackmail, no Russia..just because it's who he is.

That's what I think.

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Response to UniteFightBack (Reply #7)

Fri Apr 19, 2019, 05:25 PM

9. I believe this as well. Trump has proven useful in pushing through their toxic agenda

They are stacking the courts with right wing judges that will last for decades. McConnel doesnt have to be compromised. He is getting what he wants.

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Response to tymorial (Reply #9)

Fri Apr 19, 2019, 06:00 PM

11. Agreed.

That doesn't mean he's not compromised, just that I don't think it's required to explain his behavior.

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 05:14 PM

5. Yes,it is up to the Floor Leader as to what

Bills come before the Senate Body as a whole. Mitchy the Bitch holds all the Aces and he knows it.

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Response to Wellstone ruled (Reply #5)

Fri Apr 19, 2019, 05:19 PM

8. Impeachment isn't governed by the same rules as a normal bill.

The rules for impeachment are detailed and a separate process from other Senate business. But, as the article notes, McConnell would likely try to circumvent those rules in a similar fashion.

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 05:16 PM

6. this senate? of course they could

and if they tried it, they'd likely make a mockery of the process and refuse to convict. because they are a bunch of traitorous assholes.

I mean, hell...can a senate stonewall the appointment of a supreme court justice for no real reason except they want to hold off until their party is in power? They just make up the rules for themselves as they go along, and nobody does anything about it.

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 05:27 PM

10. If Mitch has not yet....

broken any laws, Congress needs to write some new ones.

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 06:01 PM

12. Yes, and that's not a bad thing

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 06:09 PM

13. Let the democrats put together an explosive, damning case...

During the time of the house impeachment proceedings, let the public
voice its opinion...let's see the senate buck a trend by the voters to demand
the traitor be held up to justice...It needs to be started and concluded
with the senate wingers objections, in a timely manner..before
the 2020 elections...

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 06:30 PM

14. There's no telling what the radical right judges would rule, but in the constitution impeachment

is presented as a two-part process. The Senate's having the right to decline a vote isn't referred to. I don't think the writers had refusal in mind. It's one process with two steps.

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 06:38 PM

15. Not sure McConnell has a say

During an impeachment trial in the Senate, the Chief Justice of the Supreme Court presides, not the majority leader.

6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.


The Chief Justice calls the Senate into session for the trial, it doesn't matter what McConnell thinks. And it's 2/3 of the members present to remove. If the Repubbies refuse to show up, so much the better.

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Response to dumbcat (Reply #15)

Fri Apr 19, 2019, 06:47 PM

16. The CJ only presides. It's up to the Senate on how to proceed, per the SC.

From the article:

"The Senate has options for scuttling the impeachment process beyond a simple refusal to heed the House vote. The Constitution does not specify what constitutes a “trial,” and in a 1993 case involving a judicial impeachment, the Supreme Court affirmed that the Senate’s “sole power” to “try” means that it is not subject to any limitations on how it could conduct a proceeding. Senate leadership could engineer an early motion to dismiss and effectively moot the current rule’s call for the president or counsel to appear before the Senate. The rules in place provide at any rate only that “the Senate shall have power to compel the attendance of witnesses”: they do not require that any other than the president be called. Moreover, the Senate could adjourn at any time, terminating the proceedings and declining to take up the House articles. This is what happened in the trial of Andrew Johnson, in which the Senate voted on three articles and then adjourned without holding votes on the remaining eight."

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Response to TwilightZone (Original post)

Fri Apr 19, 2019, 07:50 PM

17. So what? Let the record show that Trump was impeached.

 

Let the record show that the GOP Senate loved a lying, corrupt, unfit, unpatriotic, functional illiterate more than their own country.

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Response to sarabelle (Reply #17)

Fri Apr 19, 2019, 08:23 PM

18. They're already aware that the GOP Senate is under his thumb.

That would be news to pretty much no one. Everyone knows they won't vote to convict. Everyone knows it's Trump's party now. Everyone knows that they do whatever he wants.

Some people care, some don't, some know and support him anyway. That particular part of it wouldn't change many minds.

Even the media knows that everyone knows, because they don't even bother asking any of the Rs about it. Every media organization is saying the same thing: "What do the Dems do now?" because everyone knows we're the only party that would do anything about it.

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