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Home Front: Politix
Senate Options Upon Receiving Articles of Impeachment
2019-12-24
[TheHill] 1) The Senate could entertain a motion by the president’s counsel to dismiss ‐ before the start of a trial ‐ both articles of impeachment, for failure to meet the constitutional threshold for stating a cause of action. Such a decision would require a simple majority of 51 votes because this would be a procedural motion;

2) The Senate could begin a trial and, thereafter, could end it whenever the Senate majority deems it has heard enough and calls for a vote. Such a vote would be called when the Senate majority is confident that a supermajority of 67 senators ‐ two-thirds of the Senate ‐ would not vote to convict;

3) The Senate could conduct a full-blown trial, and it could drag on for as long as the Senate majority feels doing so is in its interests. It has a wide berth for calling or subpoenaing witnesses as it feels is germane. This would cause a circus-like atmosphere that would require the Supreme Court’s chief justice, the presiding officer in a Senate trial, to make numerous rulings, some of which would be unpredictable in their outcomes.

4) The Senate, after the conclusion of a trial, could once again entertain a motion to dismiss, alleging that House Democrats had failed to prove their case. This is a procedural motion that would require a simple majority to make deliberations by the full Senate moot if passed.

5) And then there is a "nuclear option." The Senate majority could make a procedural motion to adjourn the start of a trial until Nov. 4, 2020. That would allow the American people to decide the president’s fate at the ballot box. The Constitution is silent as to when a trial should occur, timewise. A simple majority of 51 votes would be necessary to pass such a motion.

No matter how the Senate deals with its "trial" obligations, the outcome does not change. The president either will be cleared by the impeachment articles being dismissed without the necessity of a trial or acquitted after a trial.

In my opinion, a trial is unnecessary. The House articles, on their face, are defective. Both fail to meet the constitutional threshold of "high crimes and misdemeanors." This would negate a trial but does not give the president any formal "acquittal," after a trial on the merits of the articles, which would prove the president’s innocence. While this would be true in a traditional criminal judicial proceeding, it is not the case in a political trial. No matter how the Senate deals with the articles of impeachment, Democrats and Republicans will put their own political spin on the outcome. Since the House articles of impeachment were voted strictly on party lines, and the country is so divided on the whole impeachment process, in my opinion, a trial is less important.
Posted by:Goober Tingle7365

#7  Under our system the accused is NOT required to testify in his defense.

The burden of proof is 100% on the prosecution.

These prosecutorial morons can't even define the charges, let alone make a coherent case, let alone meet even a minimal standard of proof.
Posted by: Lex   2019-12-24 15:19  

#6  The articles had to be published in the Congressional Record. Nancy has no use for protocol. Just have Mitch act on the 'record'.
Posted by: Procopius2k   2019-12-24 15:14  

#5  Always remember that Roberts is a Bush appointee and Bushes hate Trump as much as Pelosi does.
Posted by: Abu Uluque   2019-12-24 12:58  

#4  Lex is right again. Dismiss at the first opportunity. If we have a trial, are we really sure that Roberts won't screw us? I think not...
Posted by: Warthog   2019-12-24 10:08  

#3  #MoveOn soon to be replaced by #F*ckOff
Posted by: Mercutio   2019-12-24 07:39  

#2  Require that it'll be printed with water insoluble ink on toilet paper?
Posted by: g(r)omgoru   2019-12-24 03:01  

#1  In my opinion, a trial is unnecessary. The House articles, on their face, are defective. Both fail to meet the constitutional threshold of "high crimes and misdemeanors."

Agreed.

This would negate a trial but does not give the president any formal "acquittal," after a trial on the merits of the articles, which would prove the president’s innocence.

Can we please stop bandying this foolish, ignorant, un-American concept that any citizen, pauper or POTUS, in this country has to prove his innocence?

Do people in this country truly not understand that we are guaranteed, by the highest law of the land and by centuries of precedent, the presumption of innocence?

Trump doesn't need to "prove" anything. That burden rests with the mad hatters and other conspirators who have spent three years subjecting this nation to an unending parade of horseshit on stilts.

ENOUGH. Don't dignify this Shitshow with a response - let alone a trial defense.

Dismiss it forthwith. Option #1 is the only reasonable course of action. To coin a phrase, MoveOn.
Posted by: Lex   2019-12-24 01:13  

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