My Working Theory on the Impeachment Covfefe

 

Since the House has “sole power” to impeach, they have the power to decide whether impeachment is just an accusation or is rather a process of accuse-and-send-to-trial. So Trump has been impeached because the House bill disambiguated impeachment by proclaiming that Trump “is impeached.”

As a corollary, since the Senate has “sole power” to do the trial, the House has no power to stop them once the President has been impeached. So the Senate does not have to wait for the House to deliver the accusation. They can start the trial of Trump whenever they feel like it.

Oh, the covfefe!

Your opinions? Objections? Concerns?

Update: See comments #s 27-32 below for more–possibly better–analysis!

Published in Law
This post was promoted to the Main Feed by a Ricochet Editor at the recommendation of Ricochet members. Like this post? Want to comment? Join Ricochet’s community of conservatives and be part of the conversation. Join Ricochet for Free.

There are 82 comments.

Become a member to join the conversation. Or sign in if you're already a member.
  1. Spin Inactive
    Spin
    @Spin

    I think we have it in Webster’s original dictionary:

    To accuse; to charge with a crime or misdemeanor; but appropriately, to exhibit charges of maladministration against a public officer before a competent tribunal, that is, to send or put on, to load. The word is now restricted to accusations made by authority; as, to impeach a judge.

    I think it important to understand how they defined word impeach when the Constitution was written.  If we go by Webster, then very clearly impeachment requires the articles to be brought to the Senate.  

    • #31
  2. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Saint Augustine (View Comment):

    I’m just intrigued by this new argument that the House Democrats cannot both impeach and prevent the Senate from trying.

    And, regardless, this seems to be the main point.

    Oh, the rich and dark covfefe.

    • #32
  3. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Spin (View Comment):

    I think we have it in Webster’s original dictionary:

    To accuse; to charge with a crime or misdemeanor; but appropriately, to exhibit charges of maladministration against a public officer before a competent tribunal, that is, to send or put on, to load. The word is now restricted to accusations made by authority; as, to impeach a judge.

    I think it important to understand how they defined word impeach when the Constitution was written. If we go by Webster, then very clearly impeachment requires the articles to be brought to the Senate.

    Holy cow. You have a third solid argument!

    • #33
  4. Arahant Member
    Arahant
    @Arahant

    Saint Augustine (View Comment):
    Holy cow. You have a third solid argument!

    Spin is a very solid guy who used to have a very solid ride.

    • #34
  5. CarolJoy, Above Top Secret Coolidge
    CarolJoy, Above Top Secret
    @CarolJoy

    Stad (View Comment):

    I think the Senate should take up the issue and deal with it by McConnell throwing the charges out as invalid. If they don’t deal with it somehow, the Dems will resurrect the articles if they retake the Senate, much like they’re trying to resurrect the Equal Rights Amendment.

    There is a major advantage to the PTB in the House trying to revive The Equal Rights Amendment.

    That amendment was written in the 1970’s, and established there are two genders. Certainly there is no mention in it of a third or fourth or  more.

    Something some on the Left need to be reminded of, every which way they can, even if they hate hearing it.

    • #35
  6. Henry Racette Member
    Henry Racette
    @HenryRacette

    Speaker Pelosi said, at the same time as she announced the delay in delivering the articles of impeachment to the Senate, that the President has been impeached. Given that an impeachment vote has been cast, and passed, and that she said that, it would seem reasonable to assume that the President has in fact been impeached.

    The Senate could choose to demand that the House release the impeachment to the Senate, or approve the Senate proceeding. Alternately, the Senate could claim that the impeachment has occurred and give the House a deadline, after which the Senate would proceed with or without further input — including “managers” — from the House. Or the Senate could simply ignore the situation and go on approving judges, until the House gets its act together.

    I don’t see how Pelosi gains any advantage in all of this.

    • #36
  7. Judge Mental Member
    Judge Mental
    @JudgeMental

    Henry Racette (View Comment):

    Speaker Pelosi said, at the same time as she announced the delay in delivering the articles of impeachment to the Senate, that the President has been impeached. Given that an impeachment vote has been cast, and passed, and that she said that, it would seem reasonable to assume that the President has in fact been impeached.

    The Senate could choose to demand that the House release the impeachment to the Senate, or approve the Senate proceeding. Alternately, the Senate could claim that the impeachment has occurred and give the House a deadline, after which the Senate would proceed with or without further input — including “managers” — from the House. Or the Senate could simply ignore the situation and go on approving judges, until the House gets its act together.

    I don’t see how Pelosi gains any advantage in all of this.

    “We’re starting the trial.”

    “But we haven’t delivered the articles.”

    “Yeah, but we got them off the Internet.”

    • #37
  8. Sisyphus Member
    Sisyphus
    @Sisyphus

    Chris B (View Comment):

    Or, the Senate could announce that they have heard that the House has passed articles of impeachment, but has not transmitted them to the Senate, as is proper. As this is just one of many irregularities, the Senate will now launch an investigation into whether members of the House are abusing their authority to conduct oversight in order to cause unlawful interference to the office of the President.

    They could also vote that articles of impeachment become void if not presented to the Senate within 30 days of being certified.

    They transmitted them on CSPAN. I saw it. A live vote tally countdown from the floor of the House with the clock running down for each article.  Not that she remembers, age is cruel. Just ask Mueller. Because I think she got kicked in the head once too often. The hazards of kangaroo courts.

    • #38
  9. Sisyphus Member
    Sisyphus
    @Sisyphus

    Wait, I forgot. Politicians. They are doubtless rewriting the articles to deem their new wording as passed. She’s always looked like a cackling loon. And then she speaks. Do any of these fools have the self awareness to be embarrassed? Forget I asked.

     

    • #39
  10. Steven Seward Member
    Steven Seward
    @StevenSeward

    Maybe the Senate should hold a perfunctory trial and all 51 Republicans should vote to remove Trump along with all the Democrats.  Then Cocaine Mitch can just sit on the “removal documents” and never deliver them to the court.

    • #40
  11. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Steven Seward (View Comment):

    Maybe the Senate should hold a perfunctory trial and all 51 Republicans should vote to remove Trump along with all the Democrats. Then Cocaine Mitch can just sit on the papers and never deliver them to the court.

    In this case, the Senate is the court.

    • #41
  12. Steven Seward Member
    Steven Seward
    @StevenSeward

    Saint Augustine (View Comment):

    Steven Seward (View Comment):

    Maybe the Senate should hold a perfunctory trial and all 51 Republicans should vote to remove Trump along with all the Democrats. Then Cocaine Mitch can just sit on the papers and never deliver them to the court.

    In this case, the Senate is the court.

    Darn!  You found a flaw in my plan.

    • #42
  13. Spin Inactive
    Spin
    @Spin

    Saint Augustine (View Comment):

    Steven Seward (View Comment):

    Maybe the Senate should hold a perfunctory trial and all 51 Republicans should vote to remove Trump along with all the Democrats. Then Cocaine Mitch can just sit on the papers and never deliver them to the court.

    In this case, the Senate is the court.

    Hamilton’s writings in The Federalist Papers spend a lot of time justifying the Senate as the judiciary in matters of impeachment.  I’m not sure he made his case to me, but he was largely writing to critics of the Constitution.  

    • #43
  14. Steven Seward Member
    Steven Seward
    @StevenSeward

    Spin (View Comment):

    Saint Augustine (View Comment):

    Steven Seward (View Comment):

    Maybe the Senate should hold a perfunctory trial and all 51 Republicans should vote to remove Trump along with all the Democrats. Then Cocaine Mitch can just sit on the papers and never deliver them to the court.

    In this case, the Senate is the court.

    Hamilton’s writings in The Federalist Papers spend a lot of time justifying the Senate as the judiciary in matters of impeachment. I’m not sure he made his case to me, but he was largely writing to critics of the Constitution.

    George Hamilton don’t know nothin’ about no Federali papers.  All he knows about is getting a sun tan.

    • #44
  15. Arahant Member
    Arahant
    @Arahant

    Steven Seward (View Comment):
    George Hamilton don’t know nothin’ about no Federali papers. All he knows about is getting a sun tan.

    Wrong Hamilton. 😁

    • #45
  16. Steven Seward Member
    Steven Seward
    @StevenSeward

    Arahant (View Comment):

    Steven Seward (View Comment):
    George Hamilton don’t know nothin’ about no Federali papers. All he knows about is getting a sun tan.

    Wrong Hamilton. 😁

    Oh.  Thanks!

    • #46
  17. Jon1979 Inactive
    Jon1979
    @Jon1979

    The goal here seems to be to use the delay time to build up public opinion in favor of basically a re-hash of the House committee hearings, in hopes that something would come out there in terms of new evidence that  would finally ‘get’ Trump. That Schiff and then Nadler didn’t present that evidence is the problem Nancy has to deal with, leading to the claim that impeachment’s not impeachment until Pelosi says it is, House votes notwithstanding.

    Watching the Sunday shows, you could tell Nancy’s strategy was only being bought by the most hyper-partisan Trump opponents. Other liberals  still didn’t like Trump, but you could tell  by their remarks they thought if Pelosi held a strong hand, she’d be chomping at the bit to send the articles to McConnell, and not trying to strategize some way to boost the power of the matter, when it’s clear most of the public simply sees it as politics as usual, but using a previously limited weapon (ABC’s roundtable was particularly ironic, since Terry Moran was channeling his brother Rick and ended up as the ‘conservative’ at the table, simply in voicing the most concern that this strategy wasn’t going to work. It was the ostensible  Republican at the table, Matthew Dowd, who was so fevered in his Trump Derangement Syndrome he was comparing Pelosi to Bill Bellichick in her masterful strategy and talking about how the Senate Republicans were checkmated and Trump was doomed by this gambit).

    • #47
  18. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Arahant (View Comment):

    Steven Seward (View Comment):
    George Hamilton don’t know nothin’ about no Federali papers. All he knows about is getting a sun tan.

    Wrong Hamilton. 😁

    You are above this!

    • #48
  19. Judge Mental Member
    Judge Mental
    @JudgeMental

    Steven Seward (View Comment):

    Maybe the Senate should hold a perfunctory trial and all 51 Republicans should vote to remove Trump along with all the Democrats. Then Cocaine Mitch can just sit on the “removal documents” and never deliver them to the court.

    Conviction does not require removal.  If you really want to mess with them, find him guilty with no removal, and no limitation on running again.

    Or better yet, just acquit the first day.

    • #49
  20. Eridemus Coolidge
    Eridemus
    @Eridemus

    I think the best acquittal would be that he couldn’t have broken any law, as none exists that exempts a possible future candidate from being investigated, even if he is of the other party. Would any other citizen be exempt? Isn’t it most imperative to know of corruption in a possible candidate, of all people? And who could initiate that leader-to-leader other than the President (although nothing we’ve seen by Trump on record cites the Bidens specifically. He only gets as close as referencing Burisma?) Aren’t the democrats panties in a wad just because it was “their” candidate hopeful and they want their dirt to stay hidden, meanwhile it was fine for the Obama machine to sneak around on Trump as a candidate, with no real basis like the Biden tape and Hunter salary? Meanwhile the Ukrainian leader said he didn’t feel pressured and the record shows he didn’t start a probe in response. That should mean more than the suppositions and hearsay of shadowy salaried US employees.

    Ignore this post. I’m just frustrated/disgusted and hope most of the country is.

    • #50
  21. Misthiocracy grudgingly Member
    Misthiocracy grudgingly
    @Misthiocracy

    Seems like a legit argument.

    • #51
  22. Arahant Member
    Arahant
    @Arahant

    Bob Thompson (View Comment):

    Arahant (View Comment):

    Steven Seward (View Comment):
    George Hamilton don’t know nothin’ about no Federali papers. All he knows about is getting a sun tan.

    Wrong Hamilton. 😁

    You are above this!

    Who is? Steven or me?

    • #52
  23. Steve C. Member
    Steve C.
    @user_531302

    Nancy Pelosi and the House Democrats are now in the same dilemma as the dog who caught the car.

    • #53
  24. DrewInWisconsin, Type Monkey Member
    DrewInWisconsin, Type Monkey
    @DrewInWisconsin

    Steve C. (View Comment):

    Nancy Pelosi and the House Democrats are now in the same dilemma as the dog who caught the car.

    Or Republicans who suddenly found themselves in control of the White House, the Senate, and the House, . . .

    • #54
  25. Bob Thompson Member
    Bob Thompson
    @BobThompson

    DrewInWisconsin, Type Monkey (View Comment):

    Steve C. (View Comment):

    Nancy Pelosi and the House Democrats are now in the same dilemma as the dog who caught the car.

    Or Republicans who suddenly found themselves in control of the White House, the Senate, and the House, . . .

    I thought Rod Rosenstein was in control…

    • #55
  26. Judge Mental Member
    Judge Mental
    @JudgeMental

    Bob Thompson (View Comment):

    DrewInWisconsin, Type Monkey (View Comment):

    Steve C. (View Comment):

    Nancy Pelosi and the House Democrats are now in the same dilemma as the dog who caught the car.

    Or Republicans who suddenly found themselves in control of the White House, the Senate, and the House, . . .

    I thought Rod Rosenstein was in control…

    I thought it was Al Haig.

    • #56
  27. Percival Thatcher
    Percival
    @Percival

    Arahant (View Comment):

    Bob Thompson (View Comment):

    Arahant (View Comment):

    Steven Seward (View Comment):
    George Hamilton don’t know nothin’ about no Federali papers. All he knows about is getting a sun tan.

    Wrong Hamilton. 😁

    You are above this!

    Who is? Steven or me?

    Eh … same-same.

    • #57
  28. Percival Thatcher
    Percival
    @Percival

    Judge Mental (View Comment):

    Bob Thompson (View Comment):

    DrewInWisconsin, Type Monkey (View Comment):

    Steve C. (View Comment):

    Nancy Pelosi and the House Democrats are now in the same dilemma as the dog who caught the car.

    Or Republicans who suddenly found themselves in control of the White House, the Senate, and the House, . . .

    I thought Rod Rosenstein was in control…

    I thought it was Al Haig.

    Beat me to it.

    • #58
  29. aardo vozz Member
    aardo vozz
    @aardovozz

    Arahant (View Comment):

    Saint Augustine (View Comment):
    (Did I tag the right Spin?)

    He’s the only Spin we Spin.

    Enough already. All the Spin about Spin is making my head spin😜

    • #59
  30. Steve C. Member
    Steve C.
    @user_531302

    Percival (View Comment):

    Judge Mental (View Comment):

    Bob Thompson (View Comment):

    DrewInWisconsin, Type Monkey (View Comment):

    Steve C. (View Comment):

    Nancy Pelosi and the House Democrats are now in the same dilemma as the dog who caught the car.

    Or Republicans who suddenly found themselves in control of the White House, the Senate, and the House, . . .

    I thought Rod Rosenstein was in control…

    I thought it was Al Haig.

    Beat me to it.

    Ricochet Amusement Park Rules: You must be born before 1967 to understand this joke. 

    • #60
Become a member to join the conversation. Or sign in if you're already a member.