Pelosi Backed Into The Corner
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2019-10-30 07:00 by Karl Denninger
in Politics , 414 references Ignore this thread
Pelosi Backed Into The Corner
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The Senate has basically forced Pelosi's hand.

Senator Graham has put forward a resolution in the Senate which has 50 co-sponsors -- sufficient to pass it with Pence as the tie-breaker.  It calls for dismissal of any impeachment resolution that comes into the Senate that fails to meet standards of fairness.

In short, it requires that the House:

1. Initiate a formal inquiry by recorded vote.

2. Provide due process to the President, including the capacity to confront accusers, have his counsel present and call witnesses.

3. Provide the minority with all of the participatory rights in any ordinary House matter., including to be heard in any such proceedings, to issue subpoenas equally as valid as those of the majority, and provide compulsory process for compliance.

Pelosi folded and now will put forward a resolution on Thursday "authorizing" the impeachment process.

She had no choice.

Had she not done so anything she sent over would have been immediately dismissed by the Senate without further consideration, which The Senate has every right to do.  As a co-equal body that tries all impeachments The Senate makes its own rules and The House cannot impose rules upon it.

It therefore can declare, by vote, a specific impeachment action unfair or unfounded and dismiss it -- and needs only 50+1 votes to do exactly that.  In fact the Senate can, if it adopts such a resolution, quite arguably can do so on a pre-emptive basis through such a resolution by ruling it out-of-order.

Now the question is exactly how "cute" Pelosi tries to get.  If she actually comports with what Graham's resolution demands, she will have then satisfied at least the hurdle to get an actual hearing in The Senate from whatever Articles her members vote out.

But, there's a problem -- Schiff has already conducted multiple depositions and taken testimony without said protections.  Exactly how the resolution will deal with that is critical, because while you can't "unbreak" an egg if any material part of the process remains without those protections the Senate may still vote on that resolution and leave the House with Articles that are summarily dismissed.

McConnell is bound to honor the Senate rules, but he is not bound to honor whatever Pelosuckme and Schitt wish to demand.  As the trier of all such resolutions and the keeper of its own rules the Senate is well within its rights to demand both transparency and due process -- and apparently is poised to do exactly that.

Thursday should be an interesting day, as should today, since it appears Pelosi's Rules Committee has indeed marked up and intends to present for consideration their resolution with some amount of time prior to a vote being taken.

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