Tag: senate

Contributor Post Created with Sketch. The Trial That Should Not Be

 

Last week, the House of Representatives voted to impeach Donald Trump for “incitement of insurrection,” stemming chiefly from his remarks before a large crowd near the White House on January 6. As I have previously written, serious questions still remain as to whether those charges are valid as a matter of fact and law. But assuming they are, the question is what comes next.

Press coverage is mostly limited to tactical and political issues. On the Democratic side, the chief concerns are the timing and form of the expected trial. Should Speaker Nancy Pelosi delay sending the article of impeachment to the Senate to give House leaders more time to gather evidence to strengthen their case? Or will that delay undercut the perceived public urgency of the trial? If there is an impeachment trial, will that slow down the Senate confirmations of top cabinet officials or the passage of Joe Biden’s legislative agenda? On the Republican side, the question arises of whether individual senators should break ranks with Trump and convict him, even if most Republican voters are as strongly opposed to conviction as Democratic voters are in favor of it.

In an important sense, these questions put the cart before the horse. First, we must ask whether the Senate even has the power to try this impeachment once the president is out of office. As a textual matter, the answer is no. There are two relevant provisions in the Constitution: Article I, Section 3, and Article II, Section 4. Article I, Section 3, gives the sole power of impeachment to the Senate. First, a simple declarative sentence provides that “When the President of the United States is tried, the Chief Justice shall preside.” The key word is “the” as in “the President.” The word “the” is used instead of the word “a.” “The” has a definite reference to the president now sitting in office, which will be Joe Biden on January 20. Once Donald Trump is out of office, he cannot be tried under this provision.

Join Jim and Greg as they explore some of the ideas on China that ought to unite conservatives, moderates, and even some Democrats. They also shudder as Bernie Sanders is about to become chairman of the Senate Budget Committee and plans to use the reconciliation process a lot to avoid Senate filibusters. And they unload on Don Lemon for demonizing all Trump voters because some repulsive figures supported him too.

Join Jim and Greg as they salute Capitol Police Officer Eugene Goodman for his quick thinking in leading the mob away from the U.S. Senate on Wednesday. They also discuss the growing support for a recall of California Gov. Gavin Newsom, as California fails some of the most basic functions of government. And they point out that for all the alleged urgency towards another impeachment, congressional leaders seem to be pretty patient.

Join Jim and Greg to help you through a tough day for conservatives. First, they cringe as it appears Democrats won both Senate races in Georgia because a lot of Republicans didn’t show up. They also discuss how a Chuck Schumer-led Senate means a rough two years are in store for conservatives. And despite a lot of anticipation for dramatic action at today’s Joint Session of Congress on the 2020 Electoral College vote, they explain why there’s not much Vice President Pence or any other Republicans can do to reverse the outcome.

Join Jim and Greg as they discuss eye-opening numbers of Americans fleeing deep blue states and heading for places with more freedom. They also unload on New York Gov. Andrew Cuomo for threatening major fines for not giving out vaccines soon enough and vowing even bigger penalties for giving vaccines to groups who shouldn’t be getting them yet. And they roll their eyes at yet another Kamala Harris story about herself that seems impossible to believe.

Join Jim and Greg as they welcome the news that a top figure in Iran’s likely nuclear weapons program was targeted and killed and they marvel at how it was done. They also bang their heads against the table as some Trump supporters suggest opposing GOP senators David Perdue and Kelly Loeffler for being insufficiently vocal about the alleged election fraud and believe writing in Trump in the Senate races would send a powerful message. And they groan as the media clearly intends to stay in full Joe Biden cheerleading mode, including one story featuring an animal psychic who says Biden’s dogs are convinced he will be a great president.

Join Jim and Greg as they discuss Senate Democrats unloading on Minority Leader Chuck Schumer over Democrats failing to win several highly targeted seats this year. Is his job safe? They also unload on Joe Biden’s plan to tax gun owners $34 billion and ban some of the most popular rifles and magazines on the market. And they dissect New York Gov. Andrew Cuomo melting down over COVID, schools, and law enforcement officers refusing to endorse his absurd policy on Thanksgiving gatherings.

Join Jim and Greg as they credit Republicans for keeping a treasure trove of opposition research on Raphael Warnock quiet until the Georgia Senate runoff. Now they are highlighting Warnock’s radical statements on many different issues. They also walk through a number of burdensome new COVID restrictions, including Pennsylvania’s requirement to wear masks in your own home if you have guests, and contrast that with politicians like California Gov. Gavin Newsom who don’t think the rules apply to them. And they get a kick out of watching Bernie Sanders supporters become deeply disappointed with Joe Biden as he names corporate figures to most positions in his inner circle.

Join Jim and Greg as they relish Democrats likely having such a tight majority in the House that it will be tough for many to accept jobs in the executive branch because the vacancies could make it tough for Democrats to get much legislation done. They also hammer musician John Legend for suggesting you’ll do more good donating to Democrats running for U.S. Senate in Georgia than giving to your local food bank. And they update the infighting among Democrats by discussing the latest salvos from Joe Manchin and AOC.

Join Jim and Greg as they discuss why it’s so critical for Republicans to win one – or preferably both – of the Georgia Senate races and Louisiana Sen. John Kennedy also distills it very well. They also recoil as Ticketmaster plans to force concertgoers to prove they’ve been vaccinated or tested negative just prior to the event. And they hammer New York Times columnist Tom Friedman for urging Democrats to move to Georgia in order to help the party win the Senate races there.

Join Jim and Greg as they welcome victories for Republican candidates in the North Carolina and Alaska Senate races. They also applaud former Secretary of State Jim Baker for blasting pollsters for consistently being wrong and almost always in the same partisan direction. And they welcome a hand recount and audit of the presidential race in Georgia.

Join Jim and Greg as they welcome West Virginia Democrat Joe Manchin saying he will not vote to end the filibuster in the U.S. Senate. They also unload on AOC, Jennifer Rubin, Evan McMullin, and other lefties who want to see anyone supporting President Trump’s legal challenges added to lists of people who should be shunned from government, academia, and polite society. And they shudder as the Obamacare architect who thinks people are no longer useful after age 75 is named to Joe Biden’s COVID task force.

Join Jim and Greg as they cheer Pfizer’s coronavirus vaccine that is reportedly more than 90 percent effective with no discernible side effects. They also hammer New York Gov. Andrew Cuomo for whining about the vaccine being ready before Biden is president. And they react to out-of-touch liberal Chuck Schumer claiming that if Democrats win a Senate majority because of the races in Georgia, then they will change America and the world.

Join Jim and Greg as they celebrate Republicans doing much better than expected at the state legislative level just in time for redistricting. They also discuss the ongoing controversies in multiple swing states and how the vote counting is creating a lot of mistrust in the integrity of the vote. And they look at the updated Georgia numbers, which suggest two U.S. Senate races are headed to runoffs and the results could well determine the majority.

Join Jim and Greg as the navigate through the states that are still too close to call in the presidential race and the dueling Trump and Biden campaign pronouncements that they’ve already won. They also discuss Republicans beating expectations in House and Senate races and the decent chance the GOP has to keep a Senate majority. And they unload on the polling industry, which once again did not have a clue, with one notable exception.

Join Jim and Greg as they lay out their fearless – and conflicting – predictions for who will win the White House. They also explain who will win the tightest Senate races and which side will control the House. They shake their heads as reports of electioneering inside polling places and refusing GOP poll watchers pop up in Philadelphia. And they react to New Jersey announcing no in-person votes will be counted for at least a week.

Join Jim and Greg as they applaud a new ad urging voters to keep the GOP in control of the Senate. They also hammer a New York Times writer for complaining that conservative outlets are giving too much attention to the multiple nights of vandalism, looting, and violence in Philadelphia. And they unload on California Gov. Gavin Newsom for his utterly insane COVID rules for Thanksgiving or any other gathering.

Join Jim and Greg as they watch staffers of disgraced former California Rep. Katie Hill accuse her of abusing and mistreating her staff just as Hill’s victim narrative is about to become a movie. They also cheer new polling showing a significant jump in support for Supreme Court nominee Amy Coney Barrett in just one week. And they have fun as the Democrat running for U.S. Senate in Kansas has no idea what the Patriot Act is.

Join Jim and Greg as they chronicle the media meltdown over President Trump’s return to the White House and the genuinely concerning commentary from Washington Post columnist Jennifer Rubin. They also discuss the revelations of another extramarital scandal involving Cal Cunningham, the Democrat running for U.S. Senate in North Carolina. And they dissect Joe Biden’s latest cringe-inducing racial statement and explain how it’s not really a gaffe as much as it is a window into the very different ways Democrats and Republicans look at minorities and the poor.