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Sun Dec 22, 2019, 03:29 PM

Can the senate change the rules at this point regarding impeachment ?

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Reply Can the senate change the rules at this point regarding impeachment ? (Original post)
Fullduplexxx Dec 2019 OP
lame54 Dec 2019 #1
madville Dec 2019 #2
Fullduplexxx Dec 2019 #3
Steelrolled Dec 2019 #4
Fiendish Thingy Dec 2019 #10
Steelrolled Dec 2019 #12
kentuck Dec 2019 #5
bluestarone Dec 2019 #6
kentuck Dec 2019 #7
StarfishSaver Dec 2019 #8
bluestarone Dec 2019 #9
Igel Dec 2019 #13
Hermit-The-Prog Dec 2019 #14
Baked Potato Dec 2019 #11

Response to Fullduplexxx (Original post)

Sun Dec 22, 2019, 03:33 PM

1. You mean change them back?

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Response to Fullduplexxx (Original post)

Sun Dec 22, 2019, 03:36 PM

2. Yes

They can change the procedural rules at any time during the session with a simple majority vote. The Constitution just grants authority, it doesn’t define the specifics, that’s left to the House and Senate rules.

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Response to madville (Reply #2)

Sun Dec 22, 2019, 03:44 PM

3. Thanks

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Response to madville (Reply #2)

Sun Dec 22, 2019, 03:54 PM

4. Agreed.

The games being played are not helping anyone. The outcome is assured. Just get on with it.

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Response to Steelrolled (Reply #4)

Sun Dec 22, 2019, 04:07 PM

10. What's the rush?

If Pelosi can leverage Mitch into calling witnesses, isn't that a good thing? Even if Trump is acquitted? If Bolton or Mulvaney testify, it could shift public opinion and pressure on the Senate.

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Response to Fiendish Thingy (Reply #10)

Sun Dec 22, 2019, 04:34 PM

12. I agree to make full use of the impeachment.

But be careful, trying to get too clever.

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Response to Fullduplexxx (Original post)

Sun Dec 22, 2019, 03:57 PM

5. Some are suggesting they can have a trial without receiving the Articles of Impeachment.

But, if that were to happen, and they were to acquit Donald Trump, what would keep the House from then sending over the Articles of Impeachment?

Would they be required to have another "trial"?

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Response to kentuck (Reply #5)

Sun Dec 22, 2019, 04:01 PM

6. I wonder if Roberts would refuse to attend?

If the House is not allowed to finish it's duty?

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Response to bluestarone (Reply #6)

Sun Dec 22, 2019, 04:02 PM

7. Good question!

Another reason I don't believe they would try such a stunt.

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Response to bluestarone (Reply #6)

Sun Dec 22, 2019, 04:05 PM

8. I don't think Roberts would preside over a trial of an impeachment that hasn't been referred by the

He's not going to make a fool of himself participating in a circus.

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Response to StarfishSaver (Reply #8)

Sun Dec 22, 2019, 04:07 PM

9. THIS is what i was hoping!

Just thinking he would NOT get involved!!

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Response to kentuck (Reply #5)

Sun Dec 22, 2019, 06:03 PM

13. Their call.

But I suspect if they used the same text they'd say, "How is this different and why should we play the same song twice and expect a different final chord?" It's their rules. Pelosi may have a lot to say about them, but anything she says is extra-Constitutional.

If it matters that the impeachment wasn't properly recorded for the next act, then it never officially happened. Like a grand jury indictment that's never filed.

If the impeachment stands, filed or not, then it can be acted on. And to act on the same charges twice ... double jeopardy.

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Response to Igel (Reply #13)

Sun Dec 22, 2019, 10:01 PM

14. double jeopardy applies to criminal cases; this is impeachment

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Response to Fullduplexxx (Original post)

Sun Dec 22, 2019, 04:12 PM

11. I believe it takes a supermajority to change a rule, 51 votes to override a Chief Justice ruling

“In other words, a huge amount in any Senate trial depends on two big variables: the attitudes and views of Chief Justice Roberts and, ultimately, which side controls 51 votes to either sustain or overrule his rulings or to rule on questions he declines to address. An important wrinkle here is that it takes 67 votes, not 51 votes, to change a rule—so one key question is whether a motion would require a waiver of an existing rule or whether it can reasonably be reconciled with the rules. If it requires a rule to be waived or dispensed with, the motion requires a supermajority.”

From:

Imagining a Senate Trial: Reading the Senate Rules of Impeachment Litigation

By Hilary Hurd, Benjamin Wittes Monday, December 2, 2019, 3:35 PM

https://www.lawfareblog.com/imagining-senate-trial-reading-senate-rules-impeachment-litigation

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