Monday, December 23, 2019

The House has the impeachment right, the Senate has trial mandate

Former Harvard Law School Professor Alan Dershowitz wrote on Thursday that he thinks it's "difficult to imagine anything more unconstitutional" than House Speaker Nancy Pelosi, D-Calif., withholding the articles of impeachment against President Trump from a Senate trial.
Dershowitz's comments came in response to Laurence Tribe, another Harvard Law Professor who called for Democrats to delay sending the articles to the Senate -- something Pelosi has already indicated she's willing to do.
"[Tribe] would withhold the trial until the Senate agreed to change its rules, or presumably until a new election put many more Democrats in the Senate. Under his proposal, there might never be a Senate trial, but the impeachment would stand as a final and permanent condemnation of President Trump," Dershowitz wrote in a Newsmax op-ed.
"It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people. Put bluntly, it is hard to imagine a worse idea put forward by good people," he added.
Clearly written, the House impeaches, the Senate tries in that order.  The House cannot unvote the impeachment as long as Trump is in office. The Senate is now bound to try the president. There can be no parliamentary protocol that delays the Senate's duty to follow an accurate vote for impeachment, Tribe is wrong on this.

Dershowitz need to sue the Senate on behalf of the citizen's, make  it a class action lawsuit. This makes Robert's squirm because he has no constitutional provision that over rides the House vote to impeach. He is the presiding judge at the impeachment. The Robert's court would rule the Senate out of order and force a trial.


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