Pollak: Senate Can Acquit Even If House Withholds Articles of Impeachment
Speaker of the House Nancy Pelosi (D-CA) appears to be
considering an idea Democrats have floated for several days of holding back the articles of impeachment to exercise leverage over the Senate and the president.
She declined formally to transmit the articles to the Senate on Wednesday evening after the House voted to impeach President Donald Trump.
Unfortunately for them, the Senate can act, regardless ā and would vote to acquit.
Thatās because the Constitution is absolutely clear about the Senateās authority. Article I, Section 3 says: āThe Senate shall have the sole Power to try all Impeachments.ā
That is all.
The Chief Justice presides over a trial involving the president, but the Senate makes the rules. And the Senate is controlled by Majority Leader Mitch McConnell (R-KY), who regards what the House has done with
contempt.
Youāre in Mitchās court, now.
Politico
outlined Democratsā new idea, citing constitutional lawyer Laurence Tribe (but, interestingly, not the Constitution itself). Pelosi hopes to pressure McConnell into holding a āfair trialā ā this, after she and her party broke every relevant House rule and precedent, and
several Amendments in the Bill of Rights, all in the name of their āsole Power of Impeachment.ā
They forget that a āfair trialā applies to the accused, not the accuser,
and has since 1215.
Set aside, for the moment, that holding onto the articles of impeachment would
contradict everything Rep. Adam Schiff (D-CA) and the Democrats have said for weeks about the āurgencyā of impeachment. They needed to stop him before he could ācheat in the next election,ā we were told ā thatās why the House could not wait for the courts to rule on the White Houseās resistance to stop congressional subpoenas.
Pollak: Senate Can Acquit Even If House Withholds Articles of Impeachment | Breitbart