12.23.2019 0

Senate rules do not confer powers on Speaker Pelosi to delay impeachment trial of President Trump

The Senate should just proceed to the impeachment trial whether House Speaker Nancy Pelosi is ready or not:

Does House Speaker Nancy Pelosi have a heretofore unnoticed, unconstitutional power to hold up an impeachment that has already been voted on? That appears to be what she wants the American people to believe. That, articles of impeachment passed by the House, including H. Res. 755 that impeached President Donald Trump, are not actually “passed” unless and until she transmits it to the Senate. This is a work of fiction. Nothing in either the Constitution or House or Senate rules grants such power to the Speaker to “sit” on impeachment, thereby would prevent Senate action on such. It exists in the imaginations of liberal law professors. The Clerk of the House did certify the passage of H. Res. 755 impeaching Trump when it was posted at clerk.house.gov in the form of roll calls 695 and 696 on Dec. 18. Which is all the Constitution requires. The Constitution, under Article I, Section 2 states: “The House of Representatives… shall have the sole Power of Impeachment.” By that standard, President Trump is impeached. Article I, Section 3 states: “The Senate shall have the sole Power to try all Impeachments.” So, very clearly, under the Constitution, the House has sole power to impeach, and the Senate has sole power to try all impeachments. There is nothing in there about transmitting anything to the Senate. All that is required for there to be a trial in the Senate is for the House to have acted to impeach an official, including the President, and, semantics aside, that threshold has clearly been met. Senate Majority Leader Mitch McConnell should just proceed to the trial, whether Pelosi is ready or not. The fact is, for better or for worse, the House has already voted to impeach President Trump. What’s done is done. If the case is that weak, then moving for a swift dismissal should be a short order. Let’s get this trial over with. What do you think?

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