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Started By
Message
Question about actual Impeachment process
Posted on 10/23/19 at 5:49 pm
Posted on 10/23/19 at 5:49 pm
Articles of Impeachment -
As I understand it, this is the product which the HoR votes on to determine if the president is to be impeached. If it passes, the action goes to the Senate.
Question -
Who determines the verbiage and content of these "articles" - is that what Schiff is doing right now? = preparing the arcticles to be voted on.
If so - he is preparing this document with nobody except his fellow DEMs on the committee.
OR
Is Schiff merely preparing information to be presented to the whole HoR who will cultivate them into actual Arcticles of Impeachment? What is the process for making this construction of the Articles?
Question -
When the articles are presented to the full HoR is the only function of the HoR to vote yea or nay? = or can they be amended at that time?
= is there discussion on validity at that point?
Question -
at what point does the President get a chance to challenge the validity and applicability of the "articles"
As I understand it, this is the product which the HoR votes on to determine if the president is to be impeached. If it passes, the action goes to the Senate.
Question -
Who determines the verbiage and content of these "articles" - is that what Schiff is doing right now? = preparing the arcticles to be voted on.
If so - he is preparing this document with nobody except his fellow DEMs on the committee.
OR
Is Schiff merely preparing information to be presented to the whole HoR who will cultivate them into actual Arcticles of Impeachment? What is the process for making this construction of the Articles?
Question -
When the articles are presented to the full HoR is the only function of the HoR to vote yea or nay? = or can they be amended at that time?
= is there discussion on validity at that point?
Question -
at what point does the President get a chance to challenge the validity and applicability of the "articles"
5
Posted on 10/23/19 at 5:52 pm to ChineseBandit58
quote:
Question -
at what point does the President get a chance to challenge the validity and applicability of the "articles"
As I understand it now since the Dems are running it like a cloak and dagger shady coup...IF the Senate idiotically takes up the articles, Justice Roberts would "officiate" a trial.
Posted on 10/23/19 at 5:58 pm to ChineseBandit58
In the actual process, the house is like a grand jury. They hear evidence and determine if they think enough to proceed to trial (vote fore articles of impeachment) then send it to the senate
Senate can agree to hear the impeachment articles. If they agree, then the senate becomes the jury, the house will be the prosecutors, and the CJ will act as a judge I. The trial. Presidents lawyers and/or the DOJ will be the defense.
Defense can cal any witness. And gets to cross examine any prosecution witness.
Would love to see them call Democrat leaders to the stand. And they would be under oath at risk of perjury.
Senate can agree to hear the impeachment articles. If they agree, then the senate becomes the jury, the house will be the prosecutors, and the CJ will act as a judge I. The trial. Presidents lawyers and/or the DOJ will be the defense.
Defense can cal any witness. And gets to cross examine any prosecution witness.
Would love to see them call Democrat leaders to the stand. And they would be under oath at risk of perjury.
Posted on 10/23/19 at 6:06 pm to ChineseBandit58
quote:
Articles of Impeachment -
The articles are probably most akin to an indictment by a prosecutor, but the house also has a law enforcement investigative role to play in an indictment as well.
quote:
Who determines the verbiage and content of these "articles" - is that what Schiff is doing right now? = preparing the arcticles to be voted on.
The articles have been historically drawn up by the Judiciary Committee. The current shitshow is in the Intel Committee.
Shitts is playing the law enforcement role now and will probably try to refer over to the Nadlers without a house vote.
But who knows.
I believe Nances' unilateral declaration of peach mint inquiry was unconstitutional under the Quorum clause. Did a post on it this morning. LINK
Only a quorum in the House, not the Speaker or a committee, can conduct house business. Conducting an impeachment inquiry is clearly House business and thus, like all peach mint inquiries heretofore, must be commenced by a full house vote adopting a resolution authorizing the inquiry.
Posted on 10/23/19 at 7:15 pm to ChineseBandit58
They have not had a vote. The Dems are just still playing their stupid circus games. Schiff should be tried for treason and sedition. He is not following protocol and the law at all
Posted on 10/23/19 at 7:24 pm to PhDoogan
Thanks for the link - was very helpful.
I'm still concerned that schiff is just going to come out with some Articles or Impeachment ala Ken Starr and the HoR will just ho-hum approve it.
I'm still concerned that schiff is just going to come out with some Articles or Impeachment ala Ken Starr and the HoR will just ho-hum approve it.
Posted on 10/23/19 at 7:28 pm to PhDoogan
quote:
The articles are probably most akin to an indictment by a prosecutor
Prosecutors generally don't send up indictments on cases they know absolutely they can't win, do they?
Posted on 10/23/19 at 7:32 pm to ChineseBandit58
Posted on 10/23/19 at 7:44 pm to SSpaniel
I have total confidence in what Rush said today, there hasn’t been any impeachment vote yet, and there’s not going to be one. He said this will drag out past Christmas. They don’t plan on actually impeaching, they just want the the sheeple of this country to think that it is taking place or about to take place. The longer it drags out, the better. It’s their last weapon, can’t risk blowing the wad too soon.
Posted on 10/23/19 at 7:51 pm to tigeraddict
quote:
In the actual process, the house is like a grand jury. They hear evidence and determine if they think enough to proceed to trial (vote fore articles of impeachment) then send it to the senate
Senate can agree to hear the impeachment articles. If they agree, then the senate becomes the jury, the house will be the prosecutors, and the CJ will act as a judge I. The trial. Presidents lawyers and/or the DOJ will be the defense.
Defense can cal any witness. And gets to cross examine any prosecution witness.
Would love to see them call Democrat leaders to the stand. And they would be under oath at risk of perjury.
The kangaroo court the dems have set up is to put the president on trial by public opinion in which the only evidence the public receives are "leaks" from their closed door "hearings" to the press which puts out the narrative they want since the special council who was appointed failed to deliver enough evidence for a vote on impeachment to take place.
None of this matters and is a complete waste of time and tax payer's money.
The best thing for the american people and worst thing for the democrat led house is that the president goes on trial in the senate where he can defend himself by introducing evidence in an effort to disprove their charges.
Clinton was proven to have committed perjury when he admitted to the lie of his relationship with Lewinksy, his defense was what the "definition of is, is", blow-jobs and masturbation not being sex in his mind doesn't mean he was clear of fabrications to the SC.
The democrat's game with this non-sense seems nothing more than to put out bad PR toward the president while muddying the waters to the public's perception that if a vote is ever taken place and it is sent the senate a narrative of being right and true can be portrayed while the "republican senate" failed to do their jobs, similar to the Mueller report and testimony, continued portrayal of Russian collusion, etc, they are only interested in people believing their truth not the fact based truth.
Posted on 10/23/19 at 10:04 pm to PhDoogan
quote:
Only a quorum in the House, not the Speaker or a committee, can conduct house business. Conducting an impeachment inquiry is clearly House business and thus, like all peach mint inquiries heretofore, must be commenced by a full house vote adopting a resolution authorizing the inquiry.
Except.....
In 2015, it was a Republican-run House of Representatives who wanted to investigate the Obama White House. In that reality, the Repubs THEN said, "hey, we don't NEED a quorum vote in order to conduct business. We can have the Committee Chairs subpoena anyone we want, without the vote from the minority. This is how we will conduct our business in OUR House of Representatives"....
And the Democratic party denounced the change in the House Rules, totally ran through roughshod by House Speaker Boehner and Issa and Chaffetz and Gowdy. And Dems like Cummings and Engel and Schiff objected, just like the Repubs are objecting today. They even submitted a letter regarding the perceived abuses of authority such House rules changes would solicit:
LINK
But the Repubs said, "too bad, so sad! We Own The House!" and went ahead with it anyways. And the Dems vowed to remember....
And now, its the Dems who own the House, and it is the Repub idiots who can't remember 5 years in the past, and cannot remember that all this is happening because it was THEM who started all of it. The Dems are simply using the Repubs' weapon against them....
This post was edited on 10/23/19 at 10:08 pm
Posted on 10/23/19 at 10:16 pm to DaleDenton
quote:
The kangaroo court the dems have set up is to put the president on trial by public opinion in which the only evidence the public receives are "leaks" from their closed door "hearings" to the press which puts out the narrative they want since the special council who was appointed failed to deliver enough evidence for a vote on impeachment to take place.
It's not a kangaroo court - it's not even a court. Not yet. WHat has been going on is simply the Inquiry phase - where the House Committees are interviewing prospective "witnesses" and actors to determine what evidence there is, and whether it is enough to warrant going forward with an actual impeachment. The impeachment will be the "court".
There are Repubs on the Intelligence Committees that are questioning these people, too. They are allowed to ask an unlimited number of questions. I've seen quite a number of so-called "leaks" of testimony from their side, aimed at supporting Trump and negating the relevance or potency of the disclosures.
It's actually been working both ways - it's just that most of what's been disclosed thus far seems to more damaging for Trump and his cohorts, than helpful. Lots of new disclosures with a bunch of "nothing to see here" responses from Repubs who are members of the Committees....
Posted on 10/23/19 at 10:26 pm to ConwayGamecock
The House part of impeachment is like a Grand Jury. The House Committee investigates IN PRIVATE like a Grand Jury. The Committee will write the article(s) which the Committee will vote on. Any articles approved by the Committee will go before the House in toto (no changes) and all House members will vote yes or no or abstain. 218 votes are needed to pass an article of impeachment.
Republican House members are part of the process at every point. But they are a minority and thus do not call the shots. The voters (in 2018) clearly wanted Repubs in the minority as the Blue Wave gave Dems a comfortable House majority.
The place where the President gets to mount his defense is the trial in the Senate. A defendant (or potential defendant) does NOT get a defense in the Grand Jury stage (House part of the process.)
Republican House members are part of the process at every point. But they are a minority and thus do not call the shots. The voters (in 2018) clearly wanted Repubs in the minority as the Blue Wave gave Dems a comfortable House majority.
The place where the President gets to mount his defense is the trial in the Senate. A defendant (or potential defendant) does NOT get a defense in the Grand Jury stage (House part of the process.)
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