This Is Everything the Senate Can Do About Impeachment

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Bradley Blakeman, a former deputy assistant to George W. Bush, writing for The Hill, listed the possible outcomes of the articles of impeachment against President Trump which Speaker Pelosi is so far refusing to send to the Senate.

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;

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;

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.

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.

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.

SENTINEL’S TAKE

In the Sentinel’s opinion, the articles must be dealt with, either dismissed outright or by vote after opinions are offered as they did in the Bill Clinton impeachment trial. NO witnesses! The House Democrats clearly stated they had more than enough evidence.

The House does not have lawful articles and has not even come close to “high crimes and misdemeanors” which is spelled out in the Constitution as “bribery, treason, high crimes, and misdemeanors.” The Founders were thinking of Benedict Arnold at the time they wrote that. Arnold tried to surrender West Point to the British.

We follow constitutional attorney KrisAnne Hall and post her articles. We believe she has it right and we consult with her in these matters.

BLAKEMAN’S TAKE

Blakeman said there could be a trial so the President can be cleared as the articles do not meet the threshold. Of course, that will be messy in an election year, which is what Democrats want since they have the media.

Blakeman says, “I believe the Senate can have its cake and eat it too. The Senate can dismiss the articles of impeachment on a procedural motion. Then, when the dust settles, the Senate Judiciary Committee through its chairman, Sen. Lindsay Graham (R-S.C.), could hold hearings to show what a “witch-hunt” the House process was. He can, in effect, conduct his own trial to “acquit” the president through Senate hearings. This would allow hearings to be conducted at the exact time that Democrats are seeking their party’s nomination for president — one of whom could be called to testify.”

What do you think?


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