Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
40 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
What if....Madam Speaker holds off on sending the Articles of Impeachment to the Senate? Is that (Original Post) monmouth4 Dec 2019 OP
That is my hope malaise Dec 2019 #1
john dean says yes. mopinko Dec 2019 #2
That's the one, had a senior moment and could not remember his name. He's so smart..n/t monmouth4 Dec 2019 #3
I believe Lawrence Tribe suggested the same thing. n/t targetpractice Dec 2019 #11
When Prof Tribe speaks shanti Dec 2019 #33
Umhm. And what don't they know? Or don't know? Hortensis Dec 2019 #24
I'd like NP to sit on it until 2021. democratisphere Dec 2019 #4
If they don't act, the articles will expire at end of this Congress and they must start over again StarfishSaver Dec 2019 #10
Not sure about that. Clinton was impeached in the 105th Congress and then tried in the 106th. NYC Liberal Dec 2019 #20
I think they referred the articles to the Senate before the term ended StarfishSaver Dec 2019 #25
I guess it's a bit different because it's not really legislation; it's a unique process. NYC Liberal Dec 2019 #27
Exactly StarfishSaver Dec 2019 #29
I think NYC Liberal found the answer we're looking for StarfishSaver Dec 2019 #37
Thanks for taking the time to find this additional info! StarfishSaver Dec 2019 #36
Clinton was impeached by a lame duck House session tritsofme Dec 2019 #21
I need to research it but I think if the House doesn't refer the articles out, they lapse StarfishSaver Dec 2019 #28
Indeed they were. H2O Man Dec 2019 #30
Exactly TEB Dec 2019 #5
I've heard that before too. Not being an expert, I think this could be, it seems, an effective RKP5637 Dec 2019 #6
Barr worries me shanti Dec 2019 #34
Yeah, I think that's what Barr is banking on!!! Barr, is dangerous as hell. He appears to want a RKP5637 Dec 2019 #35
Poor Mitch, wouldn't he lose his chance to be a dumbass once again?..LOL n/t monmouth4 Dec 2019 #7
I know it's doable, PRETZEL Dec 2019 #8
Good point!!! n/t RKP5637 Dec 2019 #12
The GOP have never had nor do they have any interest in holding a trial, much less convicting. Thomas Hurt Dec 2019 #26
I suspect 2naSalit Dec 2019 #9
Yes. Timing's always crucial and usually multiple and in flux. Hortensis Dec 2019 #19
I'm sure that the House leadership 2naSalit Dec 2019 #22
Agree, but it's the Republicans who have to be pressured, Hortensis Dec 2019 #31
That should be the message. 2naSalit Dec 2019 #32
Absolutely. That party needs a total gut remodel. Hortensis Dec 2019 #38
You know moondust Dec 2019 #13
Agree with this 100%. Let it hang over him... targetpractice Dec 2019 #14
I think you're both correct...nt 2naSalit Dec 2019 #23
Nancy has to have a plan. She is as mad as we are... cbdo2007 Dec 2019 #15
Pelosi's probably ... LenaBaby61 Dec 2019 #39
Nancy could easily delay until January Tennessee Hillbilly Dec 2019 #16
Turn these over Timewas Dec 2019 #17
I trust our Speaker to make the right play. The Valley Below Dec 2019 #18
With Nancy in charge, I'm as safe as being in my Mother's arms. Talitha Dec 2019 #40

Hortensis

(58,785 posts)
24. Umhm. And what don't they know? Or don't know?
Fri Dec 13, 2019, 01:43 PM
Dec 2019

Remembering, knowledge is power. They don't have it, and for our top strategists to give it to them would be to give it to the Republicans and Russia.

After all, these days they make their livings, handsome ones, as talking heads, instant experts on every subject. No bucks even pass by their desks, much less stop.

 

StarfishSaver

(18,486 posts)
10. If they don't act, the articles will expire at end of this Congress and they must start over again
Fri Dec 13, 2019, 12:53 PM
Dec 2019

Last edited Fri Dec 13, 2019, 02:43 PM - Edit history (1)

On edit: It appears articles of impeachment don't expire at the end of a session.

NYC Liberal

(20,135 posts)
20. Not sure about that. Clinton was impeached in the 105th Congress and then tried in the 106th.
Fri Dec 13, 2019, 01:37 PM
Dec 2019

They didn't have to re-vote on the impeachment articles.

Edit: Found an official source that impeachment articles don't expire:

However, an impeachment proceeding does not expire with adjournment. An impeachment proceeding begun in the House in one Congress may be resumed in the next Congress. 3 Hinds § 2321; 111-1, Jan. 13, 2009, p ll. An official impeached by the House in one Congress may be tried by the Senate in the next Congress. Manual § 620; 3 Hinds §§ 2319, 2320.

Although impeachment proceedings may continue from one Congress to the next, the authority of the managers appointed by the House expires at the end of a Congress; and managers must be reappointed when a new Con- gress convenes. Manual §620. Managers on the part of the House are re-appointed by resolution. Manual § 604; Deschler Ch 14 § 4.2. Thus, the articles of impeachment against Judge Alcee Hastings were presented in the Senate during the second session of the 100th Congress (100-2, Aug. 3, 1988, p 20223) but were still pending trial by the Senate in the 101st Con- gress, when the House reappointed managers (101-1, Jan. 3, 1989, p 84). The articles of impeachment against President Clinton were presented to the Senate after the Senate had adjourned sine die for the 105th Congress, and the Senate conducted the trial in the 106th Congress. Manual § 620.

https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/pdf/GPO-HPRACTICE-112-28.pdf
 

StarfishSaver

(18,486 posts)
25. I think they referred the articles to the Senate before the term ended
Fri Dec 13, 2019, 01:46 PM
Dec 2019

I believe it they don't refer them to the Senate before the end of the term, they would lapse and have to be voted on again since legislation generally doesn't carry over into the next Congress.

But I could be wrong about that.

NYC Liberal

(20,135 posts)
27. I guess it's a bit different because it's not really legislation; it's a unique process.
Fri Dec 13, 2019, 01:57 PM
Dec 2019

The Constitution has basically no detail about it other than the role each house plays. Combined with the fact that it's only gotten to that point twice in 200+ years, there's not a lot of precedent to go on.

Definitely an interesting question. But they're not gonna wait that long anyway, so...

 

StarfishSaver

(18,486 posts)
29. Exactly
Fri Dec 13, 2019, 02:11 PM
Dec 2019

I don't know if it's treated as legislation that hasn't been fully acted upon - for example, a bill approved on the floor but not sent to the Senate for action would die.

I assume this would be the same. But who knows?

But as you said, it probably won't be an issue.

 

StarfishSaver

(18,486 posts)
28. I need to research it but I think if the House doesn't refer the articles out, they lapse
Fri Dec 13, 2019, 01:58 PM
Dec 2019

It's an interesting question.

H2O Man

(73,506 posts)
30. Indeed they were.
Fri Dec 13, 2019, 02:13 PM
Dec 2019

The question is, did the House refer them to the Senate before January? I believe our friend is correct that they did.

RKP5637

(67,086 posts)
6. I've heard that before too. Not being an expert, I think this could be, it seems, an effective
Fri Dec 13, 2019, 12:46 PM
Dec 2019

tactic. Hopefully tRump will be voted out in 2020, and I think McConnell hangs on by just a thread in Kentucky ... whenever his term is up. And Barr can go to hell.

RKP5637

(67,086 posts)
35. Yeah, I think that's what Barr is banking on!!! Barr, is dangerous as hell. He appears to want a
Fri Dec 13, 2019, 02:39 PM
Dec 2019

dictatorship IMO.

PRETZEL

(3,245 posts)
8. I know it's doable,
Fri Dec 13, 2019, 12:52 PM
Dec 2019

there have been others aside from John Dean who have proposed this strategy,

However, I hate to disagree with this strategy, and for a couple of reasons,

First and foremost, it wouldn't be in the country's best interest. The whole reason why Speaker Pelosi went all in on this was for this very reason. I wholeheartedly agree with the Speaker.

Also, you don't want to give the R's another talking point that the American people will understand. The optics and politics of impeaching the President and not sending it over to the Senate just does not look good. If you're trying to build some semblence of bi-partisanship, doing an obvious political move like this would only feed into the R's narrative that the impeachment was solely a political move.

Thomas Hurt

(13,903 posts)
26. The GOP have never had nor do they have any interest in holding a trial, much less convicting.
Fri Dec 13, 2019, 01:51 PM
Dec 2019

Everyone paying attention knows that there is no bipartisanship involved in this impeachment, never was.

2naSalit

(86,323 posts)
9. I suspect
Fri Dec 13, 2019, 12:53 PM
Dec 2019

because timing is crucial, that our amazing Speaker will see that a few crucial Bills are passed and then we will hear what the plan is.

Hortensis

(58,785 posts)
19. Yes. Timing's always crucial and usually multiple and in flux.
Fri Dec 13, 2019, 01:34 PM
Dec 2019

I can't imagine what it would be like to imagine Pelosi and the rest of them didn't know at least something I didn't, much less a great deal. If it were me, though, I'd probably be hiding under the bed.

2naSalit

(86,323 posts)
22. I'm sure that the House leadership
Fri Dec 13, 2019, 01:41 PM
Dec 2019

has a pathway and have a full understanding of what the Senate can and cannot do. I trust they have a plan for success no matter what the rs choose to do. I suspect they have thought out all possible scenarios.

But We the People have to get really loud now, every day, until they act on our will.


2naSalit

(86,323 posts)
32. That should be the message.
Fri Dec 13, 2019, 02:21 PM
Dec 2019

But I hope most of them get voted out regardless of how they vote on this.

moondust

(19,958 posts)
13. You know
Fri Dec 13, 2019, 12:55 PM
Dec 2019

that would drive a certain someone batshit crazy, right? He wants it over with so he can start crowing about being found totally innocent in a fake witch hunt.



targetpractice

(4,919 posts)
14. Agree with this 100%. Let it hang over him...
Fri Dec 13, 2019, 12:56 PM
Dec 2019

...He's do something else impeachable in short order. Mark my words.

cbdo2007

(9,213 posts)
15. Nancy has to have a plan. She is as mad as we are...
Fri Dec 13, 2019, 01:15 PM
Dec 2019

about Moscow Mitch saying the White House will be leading the Senate impeachment trial, and she knows it would be foolish to send things over to them like this.

It is tough to wait but we've got to trust her here and assume she knows A LOT more than the Dems are letting on right now.

LenaBaby61

(6,972 posts)
39. Pelosi's probably ...
Fri Dec 13, 2019, 03:39 PM
Dec 2019

Waiting for something big to come in.

IF Tribe/Dean say say to slow-walk these articles of Impeachment, then slow walk away.

I have the feeling that more bombshells are on the way which would be helpful for Dems.

16. Nancy could easily delay until January
Fri Dec 13, 2019, 01:18 PM
Dec 2019

It normally takes 1-2 weeks for any legislation that passes the House to be formally presented to the Senate. There are certain procedures that have to be followed. The rules give Nancy enough flexibility to easily delay until January before presenting the Articles to the Senate.

Timewas

(2,190 posts)
17. Turn these over
Fri Dec 13, 2019, 01:19 PM
Dec 2019

And start on the next set for the new year.. give orange one a new record to be the first pres impeached 2 or more times.. Keep senate busy so less harm done

 

The Valley Below

(1,701 posts)
18. I trust our Speaker to make the right play.
Fri Dec 13, 2019, 01:24 PM
Dec 2019

No one in politics is as strategic as Nancy Pelosi.

We are in great hands.

Talitha

(6,561 posts)
40. With Nancy in charge, I'm as safe as being in my Mother's arms.
Fri Dec 13, 2019, 05:03 PM
Dec 2019

I trust her, and always have. Nancy knows.

Latest Discussions»General Discussion»What if....Madam Speaker ...