Senate Can Acquit Even If House Withholds Articles Of Impeachment

(Breitbart) – Speaker of the House Nancy Pelosi (D-CA) appears to be considering an idea Democrats have floated for several days of holding back the articles of impeachment to exercise leverage over the Senate and the president.

She declined formally to transmit the articles to the Senate on Wednesday evening after the House voted to impeach President Donald Trump.

Unfortunately for them, the Senate can act, regardless — and would vote to acquit.

That’s because the Constitution is absolutely clear about the Senate’s authority. Article I, Section 3 says: “The Senate shall have the sole Power to try all Impeachments.”

That is all.

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.

Case closed.

Featured image credit: Gage Skidmore – flickr.com/photos/gageskidmore/8567870240

breitbart.com/politics/2019/12/18/pollak-senate-can-acquit-even-if-house-doesnt-transmit-articles-of-impeachment-constitution/

45 COMMENTS

  1. Politics is dirty and Pelosi just proved it. How stupid does she think the Senate is to agree to her “fair” terms (translated into a Kangeroo Court). Thanks for the Constitution which Pelosi seems to have forgotten. We need to remember her attempts to destroy the competition for the fall 2020 Presidential election, so her tribe of misfits could get elected. Nice try but no cigar.

  2. You Trump supporters are all a bunch of bigots and racists who cannot get over having been beaten TWICE at the polls by President Obama. Every leading Republican dissed Trump as a candidate until he became the the choice of their trailer trash constituents in 2016. Go don your white robes and pointy hoods and dance. Trump will not be removed because the Senate trial will be a farce, but he is and will remain impeached

    • You sound like a socialist muslim loving SOB.Your HALFBREED MUSLIM was a traitor to this country and tried his best to fk it up.You better hope no white robes and pointed hoods never show up.

    • Viral – Then you need to read what law professors have said, especially Noah Feldman from Harvard. He said that the President Is not technically impeached if the House does not send the Senate the impeachment articles. As of right now, they have not. The Senate can vote to acquit if impeachment articles do not reach them within a certain amount of time. No articles, not impeached. Read beyond CNN and MSNBC for facts.

    • You may have forgotten but it was the Democratic Party that created the white robes and pointy hoods called the KKK. I don’t understand why you apparently think it is ok for the Democrats to be able to call witnesses but not let the Republicans call witnesses as well. This goes against everything we believe in as a republic, innocent until proven guilty.

    • Who are you kidding! Trump is straightening everything out that Obama screwed up and you liberals are the ones who cannot accept the fact that Donald Trump won! And he is doing an outstanding job!!!!!

    • The President is NOT impeached until the articles are transmitted to the Senate. Do your research be4 you shoot your fingers off about something you obviously are just repeating.

  3. So what does shifty Schiff plan to do now? …go after Pence because he couldn’t succeed with Trump….good luck……isn’t there a rat hole that he needs to crawl back in somewhere????

  4. I believe Trump should be set free from these drummed up charges and the people bringing up these charges should be investigated and if found guilty of government abuse of power be removed if not imprisoned.

  5. THE SENATE WILL NOT IMPEACH THE POTUS. AMERICANS KNOW THAT IF THE ARTICLES OF IMPEACHMENT FROM THE DEMOCRATES ARE SUBMITTED THAT THEY WILL BE ACQUITTED. THERE IS NO CRIME OR EVIDENCE IN THE ARTICLES FOR IMPEACHMENT,

  6. Another misleading action by you and your advisers!!!
    The Constitution gives the authority to request the Senate for court action of impeachment to the House. I know you guys would like the current House to have no value or authority, but that is not how our forefathers wrote the Constitution. I also recognize that you arseholes and our President think that he can do whatever he likes as being who determines the law -WRONG!!!
    The Constitution requires that the Senate invokes a court of the Senate and the Court determines the action to be taken, not the Leader of the Senate, to fully fulfill the will of the people in determining the action to be taken to resolve the case brought before it.
    That is the only time a court hearing for an impeachment can be determined. The House can only investigate and determine if their is good reason for it to be addressed by a Court, representative of the Senate, to determine further action.
    There has to be documents expressing guidance of how the court will operate, just as is done for any court of law. Most of which have standing orders.
    The only Federal Court for Impeachment is the Senate, thus there has been no court initiated in the House for any impeachment determination and the Senate needs to assure that a proper trial shall be incurred to fully determine that a correct and honest verdict is derived based on the US Laws.
    Its time to eliminate these farcical attitudes and for the Federal Government and its leadership become professional in its duties. (That’s probably an impossibility with most of Federal Politicians and the White House Administration.)

  7. Actually, until the House appoints the impeachment managers and sends the articles to the Senate, they haven’t officially impeached Trump yet; they’ve just taken a vote to impeach, not actually impeached him regardless of what they claim.

  8. She said the President could not be King, but she seams to be acting as Queen and having her little serfs (who are supposed to be representing the people) do her bidding.

    • There is no impeachment or trial without charging documents. Get over it. Pelosi has made it clear, it is not the house that has the sole ability to impeach, it is her and who she appoints and the rules they make. The house and the Constitution can kiss her skanky, wrinkly arse.lol

  9. The Democrats want a fair senate trial but the inquires in the house were very unfair. The house democrats should be charged for treason.

  10. Now I do think that some have a reading comprehension problem. You can not have a trial any place until the Prosecutor which is the House files the charges with the court, being the Senate is the Court, and nothing has been filed with them. The Senate has the authority to make all the rules the same as the House did in its investigation, but they can do nothing until the charges are filed with the Senate, by the House.

  11. No different than Clinton impeachment: the prosecuting group and the defenders both want to prevail, so they jockey for position. A totally consensual BJ was tough to sell as a crime; but this time, though the charge would be a real crime, no matter what the evidence the votes to convict just aren’t there.

    • Incorrect, the charge of impeachment against Clinton was perjury. He lied under oath about the BJ in front of a judge. Had Slick Willy simply stood in front of the court and said “Yea, she blew me.” there wouldn’t have been grounds for the impeachment. By lying under oath, he showed a disregard for jurisprudence in this country and the democrats didn’t find that a reason to remove him from office. Why? because they all do it, pretty much every time they open their mouths. Any questions?

    • The crime was perjury, a actual black letter law crime. There is no crime here. We have yet to make ones thoughts a crime. That is coming but not a crime YET.

    • The lie wasn’t a BJ, the lie became a crime of perjury “about” the BJ.
      The abuse of power was the BJ. It cannot be considered as consensual when one person holds complete power of the other’s life, employment and livelihood.

      Clinton was in fact guilty, and the Senate refused to take up a jury trial after impeachment hearings and articles were filed.

      Trump has been found guilty of nothing, has done his job, has told all foreign powers to step up or be cut off from American financial help. Ukraine had been as corrupt as any country could be, and Trump effort in trying to figure out if the newly elected president was REALLY denying corrupt behavior. And corruptness extends to the US who have taken so many kickbacks from Ukraine and thereby overlook the countries real
      behavior. Nancy Pelosi didn’t become a a millionaire a
      hundred (plus) times over without taking like-kickbacks.

      Any of our congressmen who exceed wealth in excess probably would not stand innocent of wrong doing in the scrutiny of their financial status! America itself has its crooks in government!!! We all need to be honest.

  12. This is exactly what should happen! We heard for weeks about the “emergency” to get Trump out of office because he was a threat to national security! Now they are going to hold onto the articles? They sped through the whole investigation not wanting to wait on the courts, but NOW want the Senate to do their job? Guess what House? The Senate TRIES the case, it was the House’s job to investigate!

  13. The Senate and McConnell have to take the initiative NOW!!

    So far the GOP maintains its reactive mode, allowing the corrupt Dems to set the agenda, call the shots and reflexively blame the GOP.

    McConnell must give Pelosi a hard deadline to send the articles of impeachment to the Senate for trial which, if ignored, will result in an automatic summary judgment of acquittal for the accused.

    There must be NO negotiation – any more than the Dems afforded the president in their sham House hearings. This is NOT Pelosi’s turf anymore. The adults must take charge from the playground infants!

    • Yes Julie.. so many of us praying for President Trump and this country..our Intercessions are heard by God..also many prophecies by Godly people that these corrupt people will taken down one way or another and President Trump will have 4 more years!
      Their time is coming to an end, no matter how they continue with their “resistance”…Justice is coming one way or another…

  14. I would like to see EVERY DEMOCRAT who voted for this corrupt, senseless, farce of an impeachment proceeding, especially Schiff, Nadler, Pelosi and Waters, summarily dismissed from Congress.
    I wish the elections in 2020 were being held in early January so these bums could all be thrown out of office.
    The Democrat members of the House who are up for election in 2020 and are in districts that Trump won, who voted for this sham, are seriously just too stupid to be re-elected.

    • I once wished we could vote in January to rid them, also. But, the more this political coup is prolonged, the greater the opportunity for them to really bring themselves down further. Then, we will have a better guarantee they will all be unseated.

  15. Good, I figured the Senate could do this and not need Pelosi’s scam of lies impeachment BS. What I want to see now is these people go to prison for misleading Americans . I want Iying shifty Schiff in prison along with his staff and Pelosi removed from the house. Then all those involved in all the fake Russia Comet dossier lies and the over throwing of the President of the USA. Clinton needs to be locked up for rest of her days far as I am concerned…

  16. It’s funny,
    The democrats were so hell bent on forcing this whole thing.
    Not allowing the republicans to do much or offer up any witness’s
    Yet they now wish to leverage and add their own witness’s to this trial.
    It totally amazes me how stupid they must think the American people are.

  17. SO Pelosi, SHITT and nadler along with rest of the lunatic left can constantly spew defaming, vile untrue accusations about our duly elected POTUS but we who disagree can not support him; this IS fascism at it’s best.

  18. THE DEMOCRATS HAVE BROKEN EVERY “RULE OF ORDER” AND PROCEDURAL POLICIES IN “SHOVING” THROUGH THIS IMPEACHMENT FIASCO. NOW PELOSI IS ACTING LIKE SHE’S CALLING THE SHOTS IN THE SENATE…HOW ARROGANTLY “LITTLE HITLER” OF HER. THE WOMAN IS “DRUNK WITH POWER.” IF I WERE MCCONNELL, I’D CALL FOR A VOTE RIGHT NOW. I’D GO PUBLIC, CALL EVERY NETWORK TO CALL A PRESS CONFERENCE AND LET IT BE KNOWN, STATING WHAT THE CONSTITUTION STATES, THAT PELOSI HAS NO SAY SO IN ANY FUNCTION OF THE SENATE IN THIS MATTER OR ANY OTHER MATTER…THEN ANNOUNCE THERE WILL BE A TRIAL AND THEN AN ACQUITTAL. I WOULD ALSO CALL OUT THAT THE IMPEACHMENT HEARING DONE BY THE HOUSE COMMITTEE WAS A JOKE, A WITCH HUNT, AND HE WAS GOING TO MAKE “RIGHT” WHAT WAS SO WOEFULLY WRONG AND BORDER LINE ILLEGAL.

  19. What would be the expected downside from the House of Representatives should this action be taken in the Senate but more importantly I’m asking, is this a pie in the sky wish or a possibility

  20. Both Pelosi and Schiff are nuts. We can tell by how poorly the State of California is governed and ran by the Democrats. They’ve made California so bad, unaffordable, and unlivable that nobody wants to live there and their homeless people are scattered all over the streets of their cities for lack of anyplace to stay and no help from the state. And if Pelosi wants to hold the Articles of Impeachment from the Senate that’s fine. The Senate can hold the trial without them and has sole authority over the impeachment trial. That means that the House has no control over the affairs of the Senate. Even if Justice Ginsburg sides with the Democrats because she’s an appointed Democrat judge, she still has to abide by the laws of the Constitution, thus separation of the powers of government. So Pelosi, Schiff, Nadler, and the other Dems are SOL.

    • I got the hell out of California and now reside in the Atlanta suburbs with other refugees where we all live like Kings!!

  21. They all need an investigation ! If that was you or I, we would be under the jail with daylight pumped in to us. enough is enough. All dems are worried about their part in the Ukraine corruption. Durham Dig DEEP. Follow the money. You will find out why they want impeachment!! IT WON’T BE PRETTY!!

  22. The Republicans won’t do anything. They will wait as usual to get beat by Pelosi’s school yard tricks.
    And frankly, the Republicans would prefer Trump outta there too, but they prefer him, slightly, to a socialist kommiecrat, so they might fight back when necessary to keep Trump in office.

    • What are you talking about: won’t do anything. The Republicans refuse to impeach the President. In fact they will dismiss all charges against Trump. They are waiting for Pelosi to send articles of impeachment but if she doesn’t, they can clear him without the Dems cooperation. It has come down to the wire so any day now.

  23. In a fit of rage to impeach the President, Pelosi and her gang now find themselves with a rope around their collective necks standing on the trap door of the gallows. Mitch, unlatch the trap door.

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