Posted on Dec 19, 2019
Pollak: Senate Can Acquit Even If House Withholds Articles of Impeachment | Breitbart
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Posted 5 y ago
Responses: 8
Well if she withholds the articles it is more proof she is doing this out of personal spite vs any concern for the country or Constitution and it will end up hurting the Democratic Party. It will be a major hari kari move.
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I don't know about that.
I think the Senate should do their best to avoid trying to find a loophole because that will be the narrative.
Better to vote to acquit after they try the case fair and square.
Either way, the real referendum is in November, and all eyes should be on that date.
I think the Senate should do their best to avoid trying to find a loophole because that will be the narrative.
Better to vote to acquit after they try the case fair and square.
Either way, the real referendum is in November, and all eyes should be on that date.
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SSG Robert Webster
According to Congressional Rules and Precedents, it appears that the Senate can force the issue if they so desire with a one week deadline in which they have done in the past for other procedural parts of the Senate trial. Considering that was 7 days back in 1912, I believe that 7 days should be sufficient in todays electronic age. There are a couple of issues here however, according to precedent set by the SCOTUS neither the House or the Senate can force the other to change their rules of procedure and can change them to suit themselves since they are political acts. (NOTE: This is how Rep. Schiff can get away with stating that he had factual evidence that President Trump committed acts of treason with impunity. He did it under color of a form of political speech.)
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SSG Robert Webster - Technically, Rep Schiff is covered by the Speech and Debate Clause 0f the Constitution. Article I, Section 6, Clause 1:
(members pf Congress) ...shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
(members pf Congress) ...shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
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Sole power of impeachment by House, done. Now, according to Constitution...
Trial of Impeachment
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
ARTICLE I, SECTION 3, CLAUSE 6
Trial of Impeachment
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
ARTICLE I, SECTION 3, CLAUSE 6
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