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re: Roll Call. The Senate needs 67 votes to convict Trump. They have 50. 17 needed.

Posted on 2/9/21 at 6:37 am to
Posted by BiteMe2020
Texas
Member since Nov 2020
7284 posts
Posted on 2/9/21 at 6:37 am to
Hopefully they won't use Dominion Systems to count the Senate votes. Trump will be impeached by 1,492,596 to 49.
Posted by keks tadpole
Yellow Leaf Creek
Member since Feb 2017
7587 posts
Posted on 2/9/21 at 8:21 am to
quote:

Shelby, the retiring senator from Alabama,

There is no way that Shelby desires to retire and spend the last of his years in hiding.
Posted by GhostOfFreedom
Member since Jan 2021
11839 posts
Posted on 2/9/21 at 8:22 am to
If the left and establishment wanted "unity", they would never have even started this, much less gotten this far.

They are sick, twisted, bullies that want to beat us all down.

Posted by themunch
Earth. maybe
Member since Jan 2007
64751 posts
Posted on 2/9/21 at 8:23 am to
quote:

The GOP will destroy themselves


A little help could not hurt.
Posted by Wednesday
Member since Aug 2017
15466 posts
Posted on 2/9/21 at 8:27 am to
quote:

Even with no Robert’s, it is a bigger farce to make one of the jurors into the presiding judge.


1. Did the Democrats frick themselves out of a vote with this move?

2. Ordinarily an impeachment is not appealable bc its a political process. Trump is now a private citizen. I don’t see how some act of Congress convicting a private citizen of impeachment isn’t reversible by the SCOTUS. Especially bc the CJ of the US has already said basically it’s unconstitutional by refusing to participate.

3. Of all the idiotic over crazy the Democrats get. This is by far the most idiotic.
Posted by NimbleCat
Member since Jan 2007
8802 posts
Posted on 2/9/21 at 8:33 am to
Let those Republicans vote to impeach.

They must not like their day job. Being woke and Republican isn't a valid business model.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/9/21 at 8:46 am to
quote:

Is Roberts refusing to participate?
There is no reason for him to participate.

The CJSCOTUS is required to preside only during an impeachment trial of the sitting President. Trump is not the sitting President.

Set aside the fact that this is the trial of a FORMER official, and basically it is no different than the impeachment trial of a District Judge or a legislator. No CJSCOTUS is required.
This post was edited on 2/9/21 at 8:58 am
Posted by WeeWee
Member since Aug 2012
40194 posts
Posted on 2/9/21 at 8:47 am to
quote:

You can't have an impeachment trial without the Chief Justice. There is no provision in the Constitution for an alternate.


John Roberts interpreted it as CJSCOTUS must only preside over impeachments of a sitting President. Any other impeachment process he is not required to preside over the trial just like he is not required to preside over the impeachment of other federal officials. However, that doesn't really matter. There is no standing for Trump to challenge it in court until after he is convicted and the Senate votes to bar him from holding office again. If 67 Senators vote against Trump and he challenges it in court, and the court(s) rule that CJSCOTUS must preside then the Senate will redo the trial and reconvicts him and vote to bar him from office again. If < 67 Senators vote to convict then he will be acquitted and this will be a laughable footnote in history.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/9/21 at 8:49 am to
quote:

quote:

Even with no Robert’s, it is a bigger farce to make one of the jurors into the presiding judge.
Exactly.
First, a Senator is NOT a "juror" in an impeachment trial. The role is sort-of analogous, but not very much.

A Senator presides over almost ALL impeachment trials. The ONLY exception (in which the CJSCOTUS is to preside) is an impeachment trial of the sitting President.

Trump is not the sitting President.
Posted by WeeWee
Member since Aug 2012
40194 posts
Posted on 2/9/21 at 8:49 am to
quote:

Having a hard time getting to 17. But I 100% believe Mitch will try to deliver.



Mitch and 44 other Senate republicans voted less than 2 weeks ago to throw out the impeachment as unconstitutional. I highly highly highly doubt that Mitch and 16 other republicans vote to convict someone in a process that they had recently voted as unconstitutional.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/9/21 at 8:51 am to
quote:

(Roberts) has refused because he doesn't believe it's constitutional to try someone after leaving office.
Link?

I don't think Roberts has said anything REMOTELY like this. If I am mistaken, please edify me (with that link).
This post was edited on 2/9/21 at 8:52 am
Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 2/9/21 at 8:52 am to
quote:

leahy presiding and voting is the judge also serving on the jury


Its more like the prosecutor's office serving as the prosecutor, judge, and jury.

Bold strategy.
Posted by WeeWee
Member since Aug 2012
40194 posts
Posted on 2/9/21 at 8:54 am to
quote:

Now, the question that should be asked is why hasn't Trump's team filed a motion to stop the proceedings on this basis? He even has Roberts on his side.


SCOTUS has ruled multiple times in history that impeachment is a political issue not a legal issue. In order to have standing to sue there has to be damage. Trump will not be legally damaged until after he has been convicted and barred from office. If that happens then he will have standing to take action in the court(s) where ultimately the whole thing would be thrown out (if Biden and the dems have not packed the courts by then).
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/9/21 at 8:56 am to
quote:

quote:

Even with no Robert’s, it is a bigger farce to make one of the jurors into the presiding judge.
1. Did the Democrats frick themselves out of a vote with this move?

Is there a Senate rule which precludes a presiding Senator from casting a vote? I don't think so. In the 2010 impeachment trial of Louisiana-based US District Judge Thomas Porteous, Senator Inouye both presided and voted.

2. Ordinarily an impeachment is not appealable bc its a political process. Trump is now a private citizen. I don’t see how some act of Congress convicting a private citizen of impeachment isn’t reversible by the SCOTUS. Especially bc the CJ of the US has already said basically it’s unconstitutional by refusing to participate.

I think that the constitutionality issue is subject to appeal, but not the substantive issue. Honestly, I don't know that the issue has ever BEEN appealed in order to test the question.
This post was edited on 2/9/21 at 9:23 am
Posted by td01241
Savannah
Member since Nov 2012
22856 posts
Posted on 2/9/21 at 8:58 am to
Hank answer a cut and dry yes or no question: In your legal mind can you impeach (I assume you know the actual meaning of the word) and convict someone who isn’t currently serving in a governmental position?
Posted by Deplorableinohio
Member since Dec 2018
5632 posts
Posted on 2/9/21 at 9:01 am to
Don’t forget Portman. Douche.
Posted by cajunangelle
Member since Oct 2012
147389 posts
Posted on 2/9/21 at 9:03 am to
Turtle's lemmings will vote how he does, or how he tells them to.
Posted by LSUROXS
Texas
Member since Sep 2006
7165 posts
Posted on 2/9/21 at 9:03 am to
quote:

Having a hard time getting to 17. But I 100% believe Mitch will try to deliver.


Then why would McCarthy meet with Trump in Mar-a-Lago?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/9/21 at 9:04 am to
quote:

Its more like the prosecutor's office serving as the prosecutor, judge, and jury.

Bold strategy.
It is not a "strategy." It is the terms set forth in the Constitution.
Posted by Bamadiver
Member since Jun 2014
3233 posts
Posted on 2/9/21 at 9:05 am to
Really? Why would they not be that stupid? It’s not like we are going to do anything about it.
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