The resolution would give the House 25 days to send articles of impeachment over to the Senate. After that, a senator could offer a motion to dismiss "with prejudice for failure by the House of Representatives to prosecute such articles" with a simple majority vote, according to Hawley's proposal.
That apparently means: 25 days from when the articles were voted.
Here's what that means as a practical matter:
Senate Majority Leader Mitch McConnell (R-Ky.) told Republicans during a closed-door lunch on Thursday to expect President Trump’s impeachment trial to start next week.
Proceedings have been held up while Speaker Nancy Pelosi (D-Calif.) has refused to send over the House-passed articles of impeachment, but she told reporters earlier Thursday that she would “soon” do so.
Sen. Kevin Cramer (R-N.D.) added that McConnell told senators that the two articles would be sent over "soon," expecting them in the "next day or two."
Once Pelosi sends the articles over, the trial would start the next day at 1 p.m. The Senate would then be in session for six days a week, excluding Sunday, until they wrap what is expected to be a weeks-long process. The six-day work week will be a shift for senators, who normally come into town on Monday night and leave by Thursday afternoon.
"I'm not holding them indefinitely," Pelosi had said during a press briefing in the Capitol. "I'll send them over when I'm ready, and that will probably be soon."
Asked about McConnell's comments, a spokesman said the GOP leader's guidance was not based on conversations with Pelosi.
Pelosi reiterated on Thursday that she wants more details on the parameters of an impeachment trial from McConnell.
"We need to see the arena in which we are sending our managers. Is that too much to ask?" Pelosi said.
Cocaine Mitch says "no haggling." Period.
Q: "We need to see the arena in which we are sending our managers. Is that too much to ask?"ReplyDelete
A: The Senate Chamber in the Capitol Building, located at First Street, SE, Washington, DC.
Do you need directions?
McConnell sure knows his trade well. He was patient and let Pelosi's gambit play out so as not to appear to be too anxious to shoot the articles of impeachment down. And using the 100% bipartisan Clinton impeachment rules only makes the Dems look foolish for opposing them. I would not be surprised if Mitch picks up some Dems on approving the rules he puts forth. Some will be those who voted in favor of them for Clinton's impeachment.ReplyDelete
Interestingly, 8 House Dems defected on the War Powers resoulution. 3 GOPers did, too, but on impeachment the GOP's leaders have clearly educated their members on what's at stake--if they had any doubt. There was a bit of posturing and then total unity. Even Pierre Delecto.Delete
I'm guessing Pelosi thought that by voting immediately before the recess she could prolong her charade, but McConnell took stock, consulted his members, and was ready to go as soon as they returned. No negotiations with the Dems.
It just a resolution; it means nothing other than a majority of the House wants to micromanage Trump.Delete
Batty Nancy has adopted the term “rules of engagement” for what she wants from McConnell before she will send over the articles. McConnell is saying “forgetaboutit”. And he called her and the Dems on what we all know this is really about:ReplyDelete
For his part, McConnell said on the Senate floor Thursday that the upper chamber would move on to its legislative agenda if Pelosi continues to withhold the articles.
"The House Majority can create this temporary cloud over a commander in chief if they choose — if they choose — but they do not get to keep the cloud in place forever,” he said.
I don't think McConnell is simply saying he'll move on if she doesn't send the articles. With the new rule he's saying they'll dispose of the articles whether she sends them or not. Senate controls that. It's in the Constitution.Delete
Just to be a (retired) lawyer for a moment, I've been wondering what happens if Pelosi 'doesn't send the articles' and the Senate dismisses 'with prejudice for failure by the House of Representatives to prosecute such articles'. And then the House re-approves the articles and sends them back to the Senate.ReplyDelete
Automatically dismissed for 'res judicata' or some analogous theory? Why not?
That's what I think. However, what I expect is that they'll have a trial, as they decide to define it--start with opening arguments and then decide whether to go further.Delete
There is nothing in the Constitution that states the House has to send the articles of impeachment to the Senate. The rules of the House make it clear that the President is impeached upon the vote. The Senate rules state that trial will begin after the House sends the articles.ReplyDelete
So, a dippity do Dem lawyer turned political commentator asserts the Dems can forever stain and hinder Trump by not submitting forgot to consult with the rules and flat out ignored the Constitution.
Our Founders tried to stop the vicious political notion of maladministration, but it is clear that is exactly what Pelosi, et al, are doing.
If, after Senate acquits, the House sends or resends same and/or new articles, in my view, the Senate can flat out refuse to do a trial and reject any newly submitted articles based on the 5th Amendment. Bills of Attainder may also be invoked.
If the Senate does not acquit, but dismisses the articles due to lack of foundation and the House leaders again impeach, the House leaders and anyone voting runs the risk of criminal charges of violating Trump's civil rights, deprivations of rights under color of law, conspiracy to deprive rights under color of law, and what other federal and state law can allow.
Which is why Nancy had to cave.Delete