U.S. Senate will not convene this week amid Trump impeachment: McConnell spokesman

[JudyM]

Source: Associated Press

U.S. Senate Republican Leader Mitch McConnell will not use emergency powers to immediately reconvene the chamber this week as the House moves forward with its vote on President Donald Trump’s impeachment, his spokesman said in a post on Twitter on Wednesday.

The House is expected to vote Wednesday on impeaching Trump following last week’s riot in the U.S. Capitol, and House Democratic leaders have said they could send it to the Senate as soon as this week.

Read more: https://www.reuters.com/article/us-usa-trump-mcconnell/u-s-senate-will-not-convene-this-week-amid-trump-impeachment-mcconnell-spokesman-idUSKBN29I2MU?il=0

[calguy]

1. Better this way

Wait until after Wednesday when the Democratic MAJORITY will be in control.

[groundloop]

3. IMO Moscow Mitch could immediately get enough GOPer votes to convict if he was so inclined

He's changed his tune since the last time, now that Benedict Donald has signed all the right wing laws and appointed all the judges he possibly can they no longer have a use for him and in fact he's a liability to the GOPer party. I've no doubt that Moscow Mitch could sell this to Senate GOPers, and if any were still to chicken-shit to vote they could have a scheduling conflict.

[calguy]

8. He's probably not excited about the optics of a GOP lead Senate conviction

After next Wednesday they can tell their base the "Democrats" did it.

[CentralMass]

2. The most useless morally bankrupt senate majority leader in history.

[JudyM]

9. Oh, he's been plenty useful.

Not to the public, just to his handlers and his wallet.

[Native]

4. Crap

[bucolic_frolic]

5. Mitch don't you get it?

You're the fall guy. Delay means it's on you now.

[pandr32]

6. If he convened the senate would he not then be minority leader?

[rpannier]

19. Not unless Georgia has officially certified the election and the two have been sworn in

I read it would be 21 January

[pandr32]

21. Thank you!

I wish it would be sooner.

[GulfCoast66]

7. Since they are officially in recess it would take 100% of senators agreeing

To come back. Not happening.

[Lonestarblue]

10. By running out the clock, Mitch sets up the option for Trump to appeal to the Supreme Court.

A conservative judge wrote in today’s Washington Post that the Senate trial could not be held after Trump leaves office because the purpose of the trial is moot since Trump is no longer the incumbent or needs to be removed. He also said that any judgment after Jan.20 would be unconstitutional, thus setting up Trump’s option to appeal his conviction and a ban on holding any future public office to the Supreme Court.

Constitutional lawyers disagree on whether the Senate can still hold a trial after a president has left office. I believe I read that Lawrence Tribe supports the notion that it is constitutional.

[CaptainTruth]

11. I've read differing opinions, my conclusion, based on the language in the Constitution is...

...the impeachment process must be started while the person is in office. It has started (Trump was just impeached!), so that requirement is met. After that comes the Senate trial & 2 votes, the 1st to convict & remove from office (requires 2/3 of members present) & then the 2nd vote to bar from holding office in the future (requires a simple majority).

I don't believe there's any requirement that the person be a current office holder for the Senate trial & votes. In other words, the House could impeach while they're POTUS then they could leave office by resigning or their term expiring & the Senate trial & votes could still proceed. I'm no expert, & I may have missed something, but I don't believe the Constitution prohibits that.

I care most about the 2nd Senate vote, to bar from office, for obvious reasons. I've seen some legal folks argue that the Senate can't hold that vote if the person is no longer in office, but there's a major flaw in their argument:

Let's say the Senate votes to convict & remove the impeached president, & that vote is successful. It's my understanding, based on a consensus of legal folks I follow, that at the conclusion of that vote, the president is removed, gone, they no longer hold office. The Constitution is specific that the vote to bar from office comes AFTER the vote to convict & remove, so that means the Senate, by explicit instructions in the Constitution, is voting to bar someone WHO NO LONGER HOLDS OFFICE.

So, to argue that the Senate can't vote to bar someone who is no longer in office seems to be nonsense. (Yes I realize all of this might have to happen within the context of a Senate impeachment trial, but there is a degree of flexibility there for the Senate.)

[LudwigPastorius]

12. Worthless, malignant, scumbags...

McConnell and every GOP Senator

They would have been just fine with the TrumpNazis slaughtering half the House of Representatives.

[ancianita]

13. 18 U.S. Code § 3 - Accessory after the fact

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both;
or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99–646, § 43, Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101–647, title XXXV, § 3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103–322, title XXXIII, §§ 330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)


Well? Why shouldn't McConnell be held accountable before SCOTUS by using a pretext for not convening the Senate ahead of the 20th? Couldn't this be the basis for that? Isn't ACB's very presence on the court proof of what McConnell can do when time is of the essence?

Would Republicans really try to have the post 20th conviction ruled unconstitutional? or moot?

[JudyM]

15. Interesting!

Assuming time is of the essence, that is. Trump’s little speech today may incidentally also have given mcconnell cover on this.

[ancianita]

16. Welp,

here's another thing -- Schumer. Isn't he the Senate Majority leader yet? Can't he convene a session to conduct the trial before the 20th, even if GA hasn't certified Ossoff and Warnock?

The vote need only be 2/3 of those present, and/or maybe he could convene the Seant for trial on the day that Ossoff and Warnock are sworn in -- even if it's on the 19th. The presentation of evidence can take a few hours, then they take the vote, then it's done.

I'm just hoping that there won't be any judicial shenanigans over the impeachment outcome when the shenanigants actually break the law cited, since the Constitution has no language at all on any timeline for Impeachment and Conviction of a president, especially once the process is begun while he's in office.

At this point Republicans shouldn't even be allowed to think about what they want to do for Trump if they know what's good for them long term. Their whiny excuses about death threats is bogus. If they actually got them, they'd turn to the FBI, but they haven't.

[JudyM]

17. Your last point is exactly right. If their actions/votes are influenced by intimidation, they

should recuse themselves, they should have no place voting! Is this Russia?!

We have to keep everything as airtight as possible for at least the next 2 years to minimize tie-ups in court.

I think we don’t actually have the senate till our fabulous Georgia duo is seated, which seems likely to be just post-inauguration.

[Polybius]

18. The VP is the tie-breaker

Since that’s still Pence, Mitch is still Majority Leader until next week.

[Evolve Dammit]

14. Cowardly last act Mr. former Majority Leader. Spineless to the end, cept when it is hurting POC/poor

[AntiFascist]

20. Hide in your turtle shell until this is all over with...