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Status: Not Logged In; Sign In The Establishments war on Donald Trump See other The Establishments war on Donald Trump Articles Title: GOP Leadership Memo Suggests Senate Cannot Block Trial If House Votes To Impeach Trump Source: Huffington Post URL Source: https://www.huffpost.com/entry/impe ... ial_n_5d8fd6d6e4b0019647a9a22c Published: Sep 28, 2019 Author: Mary Papenfuss Post Date: 2019-09-30 10:42:14 by nolu chan Keywords: None Views: 598 Comments: 4 GOP Leadership Memo Suggests Senate Cannot Block Trial If House Votes To Impeach Trump “There is no way we could somehow bar the doors and prevent the managers from presenting the articles” of impeachment, states the memo. By Mary Papenfuss Huffington Post 09/28/2019 08:05 pm ET The Republican leadership issued a memo Saturday clarifying that the Senate must take action if the House of Representatives approves articles of impeachment against President Donald Trump. The statement came in response to concerns that the Senate could simply refuse to hold a trial. “There is no way we could somehow bar the doors and prevent the managers from presenting the articles to the Senate,” stated the memo, which was obtained by HuffPost. “The rules of impeachment are clear on this point.” Senate Majority Leader Mitch McConnell (R-Ky.) also said as much in a March interview with NPR: “If it [impeachment] were to happen, the Senate has no choice. If the House were to act, the Senate immediately goes into a trial.” [snip] - - - - - - - - - - Poster comment: Then, of course, 11 articles of impeachment were approved by the House against President Andrew Johnson in 1868 and forwarded to the Senate. A trial occurred. A vote was taken on one of the articles and it failed. A few days later, a vote was taken on two more articles and both failed. Ben Wade and the other radicals skulked off and the remaining 8 articles are still waiting for a Senate vote. "Going into a trial" is not the same thing as voting for guilty or not guilty. Apparently, that could take centuries. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest #1. To: nolu chan (#0) McConnell said there was no way to avoid the vote and he had no intention of trying to. So this isn't even news. I like your own noting of the minutiae of the Andrew Johnson impeachment. Johnson was, BTW, a Dem who ran with Lincoln in a national unity ticket (while the country was largely under martial law). My point being that Andrew Johnson was about as far from being a normal prez as we've ever had. I see that you are pointing out that the Senate is not required by tradition or law to vote on every article of impeachment. But it isn't clear that the Supreme Court would think so even if you could get them to wade into the constitutional issues around an impeachment and a resulting Senate trial on those articles of impeachment. McConnell says there will be a trial. And there will be. Tooconservative  posted on  2019-09-30   11:54:01 ET  Reply   Trace   Private Reply   #2. To: Tooconservative (#1) Johnson was, BTW, a Dem who ran with Lincoln in a national unity ticket Lincoln and Johnson both ran as nominees of the National Union Party. That was the new name of the Republican Party in 1864. I see that you are pointing out that the Senate is not required by tradition or law to vote on every article of impeachment. The Constitution provides this regarding the House and impeachment: The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. The House has the power. There is no duty when or whether to exercise said power. The Constitution provides this and no more regarding the Senate and impeachment: 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. There is no mandate for the Senate as to when or whether the Senate must exercise its power. Article 2 provides: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. The Framers, in their wisdom, lifted the term high crimes and misdemeanors directly from English law. McConnell says there will be a trial. And there will be. I am not arguing that there won't be. I am merely pointing out that the Constitution has no requirement of when or whether there must be a vote on the articles, and there is historical evidence that a vote need not be rendered at all. They can slow walk it if they so desired. They may tee up a trial as short as the investigation. nolu chan  posted on  2019-09-30   12:51:44 ET  Reply   Trace   Private Reply   #3. To: nolu chan (#2) (Edited) I am not arguing that there won't be. I am merely pointing out that the Constitution has no requirement of when or whether there must be a vote on the articles, and there is historical evidence that a vote need not be rendered at all. They can slow walk it if they so desired. I had already taken your point in posting the article and your #0 comment. It would be wildly funny if McConnell accepted the articles of impeachment from the House and then promptly scheduled a Senate vote on removal for November 4, 2020 (the day after the 2020 election). The libs would go apeshit. They may tee up a trial as short as the investigation. I know of no requirement that trial take place in the Senate or its judiciary committee at all. The Constitution knows nothing of these House or Senate committees; they exist by mutual agreement of the two-party system. If McConnell chose to, he could simply put a vote on the floor without any investigation at all. That is pretty close to what happened during the Xlinton impeachment. The House managers were the prosecutors and presented a case in 3 days, then the Xlinton defense team had 3 days. Then there was some cowardly legislative skirmishing and some failed votes on each article of impeachment, failing to get anywhere what was needed to actually remove Xlinton. In 2020, the GOP only needs to protect Collins (R-ME) and Gardner (R-CO). And the Dems would need 15 GOP votes to remove Trump from office so McConnell will have plenty of leeway to let nervous GOP 2020 incumbents off the hook for a vote. Tooconservative  posted on  2019-09-30   16:53:36 ET  Reply   Trace   Private Reply   #4. To: Tooconservative (#3) It would be wildly funny if McConnell accepted the articles of impeachment from the House and then promptly scheduled a Senate vote on removal for November 4, 2020 (the day after the 2020 election). C-SPAN could go on pay-per-view. nolu chan  posted on  2019-09-30   19:02:42 ET  Reply   Trace   Private Reply   Top • Page Up • Full Thread • Page Down • Bottom/Latest

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