Friday, December 20, 2019

The Ins and Outs of Delaying a Senate Impeachment Trial

After her Democrat-controlled House of Representatives approved two articles of impeachment against President Trump Wednesday night, Speaker Nancy Pelosi said that she might just wait awhile before sending the articles over to the Senate for trial.

In an op-ed column he wrote for the Washington Post, Professor Tribe recommended delay in sending the impeachment articles to the Senate until there is clarification of the Senate trial rules.

Professor Tribe's partisanship has clouded his judgment on the Constitution's delegation of impeachment and trial powers to the House of Representatives and the Senate respectively.

The process in the Senate would begin currently under these rules with notice received from the House that it has selected its managers to conduct the impeachment against the president, who are directed to carry the articles of impeachment to the Senate.

Speaker Pelosi and her cohorts are trying to exploit these Senate rules by delaying the rules' trigger for Senate trial action.

There is no constitutional requirement that the Senate must wait to act until the House formally names its prosecution managers and presents its articles of impeachment to the Senate.

He meant to use the case to bolster by analogy his argument for the House's constitutional right to hold back sending its impeachment articles to the Senate until it is assured that the Senate will act fairly.


https://www.frontpagemag.com/fpm/2019/12/delay-senate-impeachment-trial-joseph-klein/

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