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Hot Topic (More than 10 Replies) Senate could say FU to House and not hold a trial (Read 940 times)
John
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Senate could say FU to House and not hold a trial
10/10/19 at 00:50:13
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Should a constitutionally conscientious senator ever agree to table or significantly delay an impeachment trial? The text of the Constitution does create some space for that kind of hardball. The Constitution says that the Senate “shall have the sole Power to try all Impeachments,” and provides some directions on what should happen when the Senate is “sitting for that Purpose,” but the Senate is empowered to have a trial, not mandated to have a trial. If the Senate wants to take action against an officer, it would need to go through the constitutionally specified process of holding a trial, but if the Senate is content to allow an officer to remain in place it is not clear that the Senate needs to follow any particular procedure. Moreover, the fact that the Senate has the “sole Power” to try impeachments emphasizes that the impeachment process is a cooperative one. There is no way to end-run a Senate that does not want to remove an individual from office.

The Senate could make quick work of a House impeachment effort. The Senate could entertain a motion to dismiss the charges at the outset of a trial on the grounds that the allegations did not meet the constitutional standard of impeachable offenses, and a majority of the Senate could send the House packing without ever hearing a witness or seeing evidence.

The Constitution is flexible enough to allow the Senate to peremptorily reject impeachment charges that the majority of the senators find baseless.

Keith E. Whittington is the William Nelson Cromwell Professor of Politics at Princeton University and the author of the forthcoming Constitutional Crises, Real and Imagined.

Is a Senate Impeachment Trial Optional?
https://www.niskanencenter.org/is-a-senate-impeachment-trial-optional/
  
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The Stranger
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Re: Senate could say FU to House and not hold a trial
Reply #1 - 10/10/19 at 04:58:14
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Why this is where the libs don't want to go.
Trump can call any witnesses he wants too.
Creepy Joe, Hillary and down the list. Who wouldn't want to question shifty  Shiff?
Why wouldn't ya want to put Joe out there and ask about his blackmail comments? Really.
  

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Re: Senate could say FU to House and not hold a trial
Reply #2 - 10/10/19 at 05:39:38
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Everyone talks about the declass of documents, the evidence that clearly shows there was a coup d'etat in motion (still is), how foreign powers were cajoled into helping Obama's DOJ with all this, how Hillary's oppo research 'dirty dossier' was used to obtain FISA warrants illegally...and on and on.

So, what do I want? I want all of this exposed in a manner that the Dems can't influence. It needs to go to the Senate and  total exposure of the Dems treasonous plan has to be laid bare for all to see.

Basically, I just want some type of justice. We need this for our nation, our people and our future.
  
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The Stranger
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Re: Senate could say FU to House and not hold a trial
Reply #3 - 10/10/19 at 05:46:29
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Canis Minor wrote on 10/10/19 at 05:39:38:
Everyone talks about the declass of documents, the evidence that clearly shows there was a coup d'etat in motion (still is), how foreign powers were cajoled into helping Obama's DOJ with all this, how Hillary's oppo research 'dirty dossier' was used to obtain FISA warrants illegally...and on and on.

So, what do I want? I want all of this exposed in a manner that the Dems can't influence. It needs to go to the Senate and  total exposure of the Dems treasonous plan has to be laid bare for all to see.

Basically, I just want some type of justice. We need this for our nation, our people and our future.

Which is why the LIBS are doing the impeachment ILLEGALLY! They do not want it to go thru proper channels and get to the senate.
  

Where's my RECIPROCITY???????
Every man is like the company he keeps."Show me your friends and I'll show you your Future"
They Repealed My II Amendment I had No Guns
They Disregarded My V Amendment I Was Innocent
They Violated My IV Amendment I Had Nothing To Hide
They Repealed My I Amendment "I COULD SAY NOTHING"
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Re: Senate could say FU to House and not hold a trial
Reply #4 - 10/10/19 at 06:12:30
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The Stranger wrote on 10/10/19 at 05:46:29:
Which is why the LIBS are doing the impeachment ILLEGALLY! They do not want it to go thru proper channels and get to the senate.


Don't be shocked if they never impeach him but merely keep this in the news as long as they can.
  
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Canis Minor
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Re: Senate could say FU to House and not hold a trial
Reply #5 - 10/10/19 at 06:17:07
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The Stranger wrote on 10/10/19 at 05:46:29:
Which is why the LIBS are doing the impeachment ILLEGALLY! They do not want it to go thru proper channels and get to the senate.


Exactly, I very much doubt Pelosi is ever going to call for a full House vote. Now, what I'm wondering is what can team Trump do to stop their illegal 'faux impeachment' scheme? Can this mess somehow be forced over into the Senate? Or, can something be done through the courts that will allow team Trump to present their evidence, send out subpoenas, question witnesses etc?

I highly suspect that US Attorney Durham has some pretty damning evidence at this point in time. There have been no leaks from Barr and Durham, but something is sure as Hell going on. How this is all going to come together I have no idea, but it appears to be on its way.
  
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Re: Senate could say FU to House and not hold a trial
Reply #6 - 10/10/19 at 06:25:00
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Canis Minor wrote on 10/10/19 at 06:17:07:
Exactly, I very much doubt Pelosi is ever going to call for a full House vote. Now, what I'm wondering is what can team Trump do to stop their illegal 'faux impeachment' scheme? Can this mess somehow be forced over into the Senate? Or, can something be done through the courts that will allow team Trump to present their evidence, send out subpoenas, question witnesses etc?

I highly suspect that US Attorney Durham has some pretty damning evidence at this point in time. There have been no leaks from Barr and Durham, but something is sure as Hell going on. How this is all going to come together I have no idea, but it appears to be on its way.

How if it's not a legal proceeding?
  

Where's my RECIPROCITY???????
Every man is like the company he keeps."Show me your friends and I'll show you your Future"
They Repealed My II Amendment I had No Guns
They Disregarded My V Amendment I Was Innocent
They Violated My IV Amendment I Had Nothing To Hide
They Repealed My I Amendment "I COULD SAY NOTHING"
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Re: Senate could say FU to House and not hold a trial
Reply #7 - 10/10/19 at 06:33:21
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The Stranger wrote on 10/10/19 at 06:25:00:
How if it's not a legal proceeding?


That's my point, it's not a legal proceeding. What I wonder is can the Senate (the body that actually does have the power to legally try an impeachment) do something to stop the House from illegally usurping the Senate's power? This seems to me like a direct violation of separation of powers. Pelosi and her minions are engaged in something they have no legal right to be doing for pity's sake! 
  
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Re: Senate could say FU to House and not hold a trial
Reply #8 - 10/10/19 at 07:55:33
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Quote:
Don't be shocked if they never impeach him but merely keep this in the news as long as they can.


I believe that is the whole purpose of this dog and pony show in the House.   Never any evidence of wrong doing, just keeping the water muddied up to confuse some voters as long as possible...
  
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Re: Senate could say FU to House and not hold a trial
Reply #9 - 10/10/19 at 09:18:42
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I think the two reasons for the farce in the House is to appeal to the far-left radicals as well as a diversionary tactic fearing the upcoming IG report and Durham indictments, which they want to discredit.

Much of their corruption and lawlessness will be exposed this way.  A Senate trial won't be necessary.  And once the house of cards starts falling down, the spotlight on other corruption, such as Biden's, will also be readily accepted.

This may lead to their toxic ideology going in the toilet for at least a generation.
  
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