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Fiendish Thingy

(15,626 posts)
8. It's not crystal clear- once house approves articles of Impeachment, "managers" take over
Sun Apr 21, 2019, 11:51 PM
Apr 2019

"Managers" from the house come to the senate to present the prosecution side of the case for impeachment- the Constitution is not clear if normal rules of the Senate apply, or if the impeachment process described in the Constitution take precedence.

Either way, if the house approves articles of impeachment, and Mitch refuses to allow a trial, we will have a no afire Constitutional crisis, which I don't think will help the GOP, especially if GOP house members vote yes on the articles.

uponit7771

(90,347 posts)
3. **** NO !!! **** and most likely wont, that's why we should start impeachment NOW and let America
Sun Apr 21, 2019, 11:31 PM
Apr 2019

... see the bastards who are going to help the Russians help Red Don.

caraher

(6,278 posts)
4. Right, he'll make up some rule the way he did the Biden rule
Sun Apr 21, 2019, 11:34 PM
Apr 2019

Probably will quote some Democrat saying it has to wait for the 2020 election

sweetloukillbot

(11,030 posts)
5. The House impeaches, the Senate holds the trial
Sun Apr 21, 2019, 11:34 PM
Apr 2019

I don't think McConnell can just say he's not going to hold the trial...

Jarqui

(10,126 posts)
6. I'm not sure ... I doubt McConnell will unless the Democrats
Sun Apr 21, 2019, 11:45 PM
Apr 2019

make a much better case to the public than they have to date.

Even then, he might stiff them.

Can the Senate Decline to Try an Impeachment Case?
https://www.lawfareblog.com/can-senate-decline-try-impeachment-case

I think the Democrats best course of action is to drag Trump through the mud of the Mueller evidence with the House "evaluating where they should impeach" via hearings for the next 18 months.

onenote

(42,715 posts)
7. There are specific rules governing how the Senate is to proceed once the House impeaches.
Sun Apr 21, 2019, 11:46 PM
Apr 2019

There are specific Senate Rules (only changeable by a 2/3 vote) governing impeachment trials in the Senate. Under those rules, once the House adopts articles of impeachment, chooses managers for the trial and presents the articles to the Senate, the Senate is required to convene at 1 pm the next day to begin consideration of the impeachment and is required to continue to consider the matter until a "final resolution."

While the defense could slow roll the process by calling an endless stream of witnesses, in the end a vote will happen. Consider also that the trial will be presided over by Chief Justice Roberts. While I'm no fan of Roberts, he's demonstrated a few times that he understands history and is concerned enough about his own legacy as to not make a shambles out of a process (presidential impeachment trial) that has only occurred twice in the nation's history.

I don't take Bauer's speculation of how McConnell could short circuit the process seriously. I'm not even sure he'd have the votes to change the rules.

 

NYMinute

(3,256 posts)
9. McTurtle will have to hold the trial
Sun Apr 21, 2019, 11:51 PM
Apr 2019

This is not something that is in the hands of the majority leader.

Also, it will be politically radioactive if McTurtle stonewalled. He would rather hold the trial and acquit than not hold a trial at all.

elleng

(130,976 posts)
10. OH DEAR, if he DOES, trump may get MAD at him, imagine THAT!
Mon Apr 22, 2019, 01:14 AM
Apr 2019


The CHIEF JUSTICE CONDUCTS the trial.

The Senate becomes jury and judge, except in the case of presidential impeachment trials when the chief justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official is removal from office.

https://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm

Takket

(21,578 posts)
11. I don't think he would do that anyway
Mon Apr 22, 2019, 01:22 AM
Apr 2019

No trial looks a hell of a lot worse for his guy than trial and acquittal.

tritsofme

(17,380 posts)
12. I've wondered how he might weasel out. Could he just demand briefs from the House managers?
Mon Apr 22, 2019, 02:14 AM
Apr 2019

And call a vote hours after they are delivered?

There are standing rules for how the Senate should handle an impeachment trial, and the Clinton impeachment is a perfect roadmap for how the process should work...but we know how much McConnell respects tradition and norms...

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