House Speaker Nancy Pelosi (D-CA) appears to be considering an idea Democrats have floated for several days of withholding the articles of impeachment from the Senate to exercise leverage over the president — but there is just one problem with Pelosi’s plan.
Under Constitutional law, the Senate can act, regardless of whether Pelosi has sent them the articles of impeachment — and would vote to acquit.
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Democrats may be unfamiliar with the Constitution, but it is absolutely clear about the Senate’s authority. Article I, Section 3 says: “The Senate shall have the sole Power to try all Impeachments.”
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Pelosi refused to formally transmit the articles of impeachment to the Senate on Wednesday evening after the Democrat-majority House voted to impeach President Trump.
Unfortunately for them, they don’t have control anymore, regardless of whether they hold onto the articles or not.
Breitbart report: The Chief Justice presides over a trial involving the president, but the Senate makes the rules. And the Senate is controlled by Majority Leader Mitch McConnell (R-KY), who regards what the House has done with contempt.
You’re in Cocaine Mitch’s court, now.
Politico outlined Democrats’ new idea, citing constitutional lawyer Laurence Tribe (but, interestingly, not the Constitution itself). Pelosi hopes to pressure McConnell into holding a “fair trial” — this, after she and her party broke every relevant House rule and precedent, and several Amendments in the Bill of Rights, all in the name of their “sole Power of Impeachment.”
They forget that a “fair trial” applies to the accused, not the accuser, and has since 1215.
Set aside, for the moment, that holding onto the articles of impeachment would contradict everything Rep. Adam Schiff (D-CA) and the Democrats have said for weeks about the “urgency” of impeachment. They needed to stop him before he could “cheat in the next election,” we were told — that’s why the House could not wait for the courts to rule on the White House’s resistance to stop congressional subpoenas.
All of that would be exposed as a lie.
If Pelosi refuses to submit the articles of impeachment to the Senate, McConnell can convene the Senate anyway, summon the Chief Justice, and swear in the Senators as jurors. Democrats can boycott, but they can’t stop the trial.
McConnell can then propose to dismiss the charges or even hold a vote to acquit the president.
Pelosi can hide the articles of impeachment in Adam Schiff’s basement forever, and it won’t make a bit of difference.
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