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From what I understand if impeachment reaches the Senate, all it takes is one republican to call for (Original Post) still_one Oct 2019 OP
That's my understanding also. Captain Stern Oct 2019 #1
Below (post # 2) are the actual rules. Please show me where that is included hlthe2b Oct 2019 #3
This happened in the Clinton Impeachment brooklynite Oct 2019 #30
Sounds right DownriverDem Oct 2019 #35
I actually trust the repubs to NOT do the right thing. Captain Stern Oct 2019 #37
I'd really like to know where this is coming from. HERE are the ACTUAL Rules that apply hlthe2b Oct 2019 #2
I heard this on Bloomberg from Kevin Cirilli this morning still_one Oct 2019 #4
He's a political reporter. Where is he getting this from? hlthe2b Oct 2019 #5
I don't know, but here is what The Hill reported happened during the Clinton impeachment" still_one Oct 2019 #7
With evidence as damning as what the (D)'s Scarsdale Oct 2019 #10
Yeah, cuz we can rely on Republican voters to hold their representatives accountable. Act_of_Reparation Oct 2019 #41
I read it at the enclosed link. Captain Stern Oct 2019 #8
and that is what The Hill has reported. Byrd tried it during the Clinton Impeachment, but it failed still_one Oct 2019 #9
All that posturing Scarsdale Oct 2019 #11
I agree, but I think you are giving too much credit to the American populous with the disinformation still_one Oct 2019 #25
Yes. A motion that would be voted on by the entire Senate & require majority to act upon... hlthe2b Oct 2019 #12
Nobody said a single Senator was able to block going forward. Captain Stern Oct 2019 #15
"all it takes is one Senator"... that was the implication. hlthe2b Oct 2019 #18
You've confused inference with implication FBaggins Oct 2019 #24
I won't begin to list the litany of items you have confused... hlthe2b Oct 2019 #26
That was sort of an odd sentence. Captain Stern Oct 2019 #34
So, you are moving from constructive discourse to insults too? hlthe2b Oct 2019 #36
No insult intended. Just an observation. n/t Captain Stern Oct 2019 #38
I'd always thought you more interested in constructive discussion... hlthe2b Oct 2019 #40
That's ok. Feel free to ridicule any misspellings, poor word choices, or typos that I make. Captain Stern Oct 2019 #44
I prefer substantive discussion, thank you. hlthe2b Oct 2019 #45
"IF it is voted down" is the key part of the OP quote you skipped there. thesquanderer Oct 2019 #33
As is the case with ALL bills introduced in the Senate and not at all unique as was INFERRED hlthe2b Oct 2019 #43
I think that was the point. There's nothing special about impeachment... thesquanderer Oct 2019 #46
Putting ACTUAL in caps highlights the misunderstanding FBaggins Oct 2019 #14
Going in, these are the ACTUAL rules. Of course they can change with a majority vote, but NOT hlthe2b Oct 2019 #19
You shouldn't interpret what you think is implied without reading the entire sentence. FBaggins Oct 2019 #20
I'd say YOU should hlthe2b Oct 2019 #21
The irony is palpable. nt FBaggins Oct 2019 #22
Indeed. hlthe2b Oct 2019 #23
Ok. What matters is that the GOP is portraying the charges Hortensis Oct 2019 #31
I think that strategy is pretty likely. Captain Stern Oct 2019 #42
Remember also, gab13by13 Oct 2019 #6
Roberts is also no friend of Trump. honest.abe Oct 2019 #29
That's why hearings & investigation so important to lay it all out for the people Bernardo de La Paz Oct 2019 #13
If the repugs refuse to hear the evidence ... Tennessee Hillbilly Oct 2019 #16
I think rule VII gives lots of leeway however Buckeyeblue Oct 2019 #17
We can speculate that the Senate "might convict", but I think that is unlikely. Our best chance is still_one Oct 2019 #27
At this point it is unlikely, I agree Buckeyeblue Oct 2019 #28
I agree still_one Oct 2019 #32
no rule allows this to happen, its all mis-information. What McConnel can do beachbumbob Oct 2019 #39
Bottom line? Trump will need to be voted out. Period. ismnotwasm Oct 2019 #47
But they can't do anything until Nancy sends it over, right? kentuck Oct 2019 #48
you are right still_one Oct 2019 #49

Captain Stern

(2,201 posts)
1. That's my understanding also.
Tue Oct 1, 2019, 06:27 AM
Oct 2019

I think technically the trial has to start, and charges have to be heard.

Then, a republican senator could make a motion to dismiss the charges, and if a majority vote for dismissal, the trial is over.

hlthe2b

(102,292 posts)
3. Below (post # 2) are the actual rules. Please show me where that is included
Tue Oct 1, 2019, 06:29 AM
Oct 2019

I see nothing that suggests a single Senator can impact the process in any manner. Is it possible a majority vote could change the rules at the time impeachment articles come to the Senate? I'm sure that is possible. But, this specific assertion that a SINGLE Senator can derail the entire process? I see NO evidence of this.

brooklynite

(94,595 posts)
30. This happened in the Clinton Impeachment
Tue Oct 1, 2019, 07:48 AM
Oct 2019

Senator Robert Byrd made a motion to dismiss the charges; it didn't pass.

As White House lawyers and House prosecutors sharply debated the evidence, one of the Senate's most influential Democrats, West Virginia's Robert Byrd, said Friday that he will move to dismiss the impeachment trial against President Clinton next week to "end this sad and sorry time for our country."

Democrats said Byrd's surprise decision to sponsor the motion improved its chances of passage and at least one Republican senator, Alabama's Richard Shelby, said four or five GOP members are "actively considering" voting with Democrats to wind up the trial.

Other Republican senators said the Byrd move would fail. But behind the scenes, senators from both parties have been discussing strategies to bring the trial to a close.

https://www.washingtonpost.com/politics/sen-bernie-sanders-raised-253-million-in-third-quarter-campaign-says/2019/10/01/5d8a0e00-e3c7-11e9-a331-2df12d56a80b_story.html

DownriverDem

(6,228 posts)
35. Sounds right
Tue Oct 1, 2019, 08:13 AM
Oct 2019

I've never trusted the repubs to do the right thing. I do want all that trump has done to be on the historical record though.

Captain Stern

(2,201 posts)
37. I actually trust the repubs to NOT do the right thing.
Tue Oct 1, 2019, 08:15 AM
Oct 2019

I think there's a very real chance they do something like this.

hlthe2b

(102,292 posts)
2. I'd really like to know where this is coming from. HERE are the ACTUAL Rules that apply
Tue Oct 1, 2019, 06:28 AM
Oct 2019

and I've gone through it and seen nothing to suggest anything of the kind. Please go through yourself and show us where to find that (It is only 9 pages, so I'd hope others will go through it as well):

https://www.law.cornell.edu/background/impeach/senaterules.pdf

still_one

(92,219 posts)
7. I don't know, but here is what The Hill reported happened during the Clinton impeachment"
Tue Oct 1, 2019, 06:44 AM
Oct 2019

"During Clinton’s impeachment trial, Byrd moved to dismiss the charges after Republicans had laid out their evidence.
The motion failed on a party-line vote in a Republican-controlled chamber, but it’s possible it would succeed if offered by a Republican in the present-day Senate, where the GOP holds a 53-47 majority.
During the trial itself, the Senate is not beholden to the same rules of procedure as the courts.
Senate rules governing impeachment give much of the power to decide evidentiary and procedural questions to the presiding officer — in the case of a presidential impeachment trial, to Chief Justice John Roberts.
Without a motion to dismiss the charges, once the managers finish laying out their case, the Senate would break for the day, according to the revised version of the rules. At 1 p.m. the following day, senators would meet to consider the individual articles of impeachment."


https://thehill.com/homenews/senate/463112-how-the-senate-could-proceed-with-impeachment


Scarsdale

(9,426 posts)
10. With evidence as damning as what the (D)'s
Tue Oct 1, 2019, 06:50 AM
Oct 2019

have on tRump, the gop will be slitting their own throats trying to defend the bastard. Siding with him will end their political careers, such as they are. McCarthy proved he is not too bright during his "60 Minutes" appearance last Sunday. Nunes is so caught up in lawsuits trying to prove he is a real human, he will be too busy to even vote. Graham might stand alone, defending "Big Orange Daddy" McConnell, who knows or cares what he thinks or does? Traitors all of them.

Act_of_Reparation

(9,116 posts)
41. Yeah, cuz we can rely on Republican voters to hold their representatives accountable.
Tue Oct 1, 2019, 08:36 AM
Oct 2019

They've just been waiting for, like, the right moment I guess.

Captain Stern

(2,201 posts)
8. I read it at the enclosed link.
Tue Oct 1, 2019, 06:46 AM
Oct 2019
https://www.niskanencenter.org/is-a-senate-impeachment-trial-optional/

The Senate could make quick work of a House impeachment effort. The Senate could entertain a motion to dismiss the charges at the outset of a trial on the grounds that the allegations did not meet the constitutional standard of impeachable offenses, and a majority of the Senate could send the House packing without ever hearing a witness or seeing evidence. If a majority of the senators thought the House was abusing the impeachment power by bringing frivolous charges, there is no reason why the Senate would have to pay obeisance to the House by going through the motions of a pointless trial.

Also, section VII from the link you provided contains the following:

And the Presiding Officer on the trial may rule on all questions of evidence including, but not limited to, question of relevancy, materiality, and reduncancy of evidence and incidental questions, which ruling shall stand as the judgement of the Senate, unless some Member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision without debate;


That doesn't seem to explicitly say they could vote to immediately dismiss charges, but it certainly implies that they could vote to keep out any piece of evidence that they didn't like.

still_one

(92,219 posts)
9. and that is what The Hill has reported. Byrd tried it during the Clinton Impeachment, but it failed
Tue Oct 1, 2019, 06:49 AM
Oct 2019

then because republicans had the majority

"During Clinton’s impeachment trial, Byrd moved to dismiss the charges after Republicans had laid out their evidence.
The motion failed on a party-line vote in a Republican-controlled chamber, but it’s possible it would succeed if offered by a Republican in the present-day Senate, where the GOP holds a 53-47 majority.
During the trial itself, the Senate is not beholden to the same rules of procedure as the courts.
Senate rules governing impeachment give much of the power to decide evidentiary and procedural questions to the presiding officer — in the case of a presidential impeachment trial, to Chief Justice John Roberts.
Without a motion to dismiss the charges, once the managers finish laying out their case, the Senate would break for the day, according to the revised version of the rules. At 1 p.m. the following day, senators would meet to consider the individual articles of impeachment."


https://thehill.com/homenews/senate/463112-how-the-senate-could-proceed-with-impeachment

Scarsdale

(9,426 posts)
11. All that posturing
Tue Oct 1, 2019, 06:52 AM
Oct 2019

by the gop over a bj. Here is openly, blatant treason by tRump, Barr and Pompeo, and the gop all gather around protecting them. Amazing, and so obvious.

still_one

(92,219 posts)
25. I agree, but I think you are giving too much credit to the American populous with the disinformation
Tue Oct 1, 2019, 07:24 AM
Oct 2019

being propagated through social media, and 90% of the right wing talk radio, and much of the MSM going out of their way to present that both "siderisms"

People should be outraged by what is happening, but unless we have enough republicans in Senate who put country before a political party it isn't going to happen.

The only hope I see is getting out the vote in 2020 to remove these assholes

hlthe2b

(102,292 posts)
12. Yes. A motion that would be voted on by the entire Senate & require majority to act upon...
Tue Oct 1, 2019, 06:56 AM
Oct 2019

Similar to most Senate procedures.

Quite a bit different from a single Senator being able to block going forward.

At any rate, they do so at their own peril. By the time this gets to the Senate, I think the public will be highly informed and energized.

Captain Stern

(2,201 posts)
15. Nobody said a single Senator was able to block going forward.
Tue Oct 1, 2019, 07:04 AM
Oct 2019

Here is the entire text of the OP

From what I understand if impeachment reaches the Senate, all it takes is one republican to call for
dismissal of the charges against trump, and there won't be a trial if it is voted down


To me, that clearly meant that one Senator could call for dismissal, but the entire Senate would have to vote on it.

hlthe2b

(102,292 posts)
18. "all it takes is one Senator"... that was the implication.
Tue Oct 1, 2019, 07:10 AM
Oct 2019

I think we need to be cautious about this, that is all. There is a lot of hysteria and a bit of perspective is needed.

hlthe2b

(102,292 posts)
26. I won't begin to list the litany of items you have confused...
Tue Oct 1, 2019, 07:24 AM
Oct 2019

beginning with constructive and civil discourse.

Captain Stern

(2,201 posts)
34. That was sort of an odd sentence.
Tue Oct 1, 2019, 08:12 AM
Oct 2019

In the first twelve words you explicitly say you're not going to do something......then, in the remaining six words you do that exact thing.

hlthe2b

(102,292 posts)
36. So, you are moving from constructive discourse to insults too?
Tue Oct 1, 2019, 08:14 AM
Oct 2019

I'm used to that from one member, but not from you. Sorry to see as I've always found you to be more interested in a useful discussion.

hlthe2b

(102,292 posts)
40. I'd always thought you more interested in constructive discussion...
Tue Oct 1, 2019, 08:25 AM
Oct 2019

The OP made an assertion sans any documentation. I provided what evidence there is out there on the current status of Senate procedures that surely opened the debate. Rather than debate what other influences there might be or exceptions, one poster chose a different course to try to deflect with ridicule of a word choice.

I freely admit to the occasional typo, spelling mishap and word choice error-though I can assure you I do not do so with formal documents where I am exceedingly cautious about self-editing. So, if that is of issue, I'd suggest you and the other poster avoid 99.9% of DU posts, since informal discussion and quick posting is the rule. But realize, it goes both directions and your errant misspelling, poor word choice, or typo will be the next ridiculed.

Captain Stern

(2,201 posts)
44. That's ok. Feel free to ridicule any misspellings, poor word choices, or typos that I make.
Tue Oct 1, 2019, 08:46 AM
Oct 2019

I promise not to take offense.

thesquanderer

(11,989 posts)
33. "IF it is voted down" is the key part of the OP quote you skipped there.
Tue Oct 1, 2019, 08:10 AM
Oct 2019

OP didn't imply one Senator could end it, unless you didn't read the sentence to its conclusion. It's saying that one Senator can call for dismissal, and it can then immediately be voted on, with no further consideration.

thesquanderer

(11,989 posts)
46. I think that was the point. There's nothing special about impeachment...
Tue Oct 1, 2019, 09:06 AM
Oct 2019

...it can be quickly dismissed as easily as anything else. Except it seems McConnell does have to bring it to the floor, whereas with other things, he can stop it from getting even THAT far. But that's as far as the difference goes... after that, it's apparently like anything else that comes before the Senate.

(And I think you meant implied, not inferred. )

FBaggins

(26,748 posts)
14. Putting ACTUAL in caps highlights the misunderstanding
Tue Oct 1, 2019, 07:00 AM
Oct 2019

The Senate makes its own rules and can change them at any time. The only unchangeable rules related to impeachment are found in the Constitution.

I still think such speculation is unfounded. Unless far more damning material comes out, Republicans will want the trial so that the final narrative is their own.

hlthe2b

(102,292 posts)
19. Going in, these are the ACTUAL rules. Of course they can change with a majority vote, but NOT
Tue Oct 1, 2019, 07:12 AM
Oct 2019

a SINGLE Senator can effect dismissal as was the implication--as though would be the case when a single Senator can defeat a "unanimous consent" motion.

FBaggins

(26,748 posts)
20. You shouldn't interpret what you think is implied without reading the entire sentence.
Tue Oct 1, 2019, 07:17 AM
Oct 2019

The OP doesn't say "a single Senator can effect dismissal". It said that a majority vote triggered by a single Senator could do so.

I'd say that's correct... but not going to happen.

hlthe2b

(102,292 posts)
21. I'd say YOU should
Tue Oct 1, 2019, 07:18 AM
Oct 2019

stop with the hysteria and condescension. Especially when you provided nothing. I provided the actual rules in place now. You provided nothing.

Hortensis

(58,785 posts)
31. Ok. What matters is that the GOP is portraying the charges
Tue Oct 1, 2019, 07:50 AM
Oct 2019

for impeachment as completely false: setting the stage for what is being discussed in this thread. If that were actually true, then they SHOULD refuse to go forward with trial, right?

At this point, we should assume this strategy is a real possibility.

Captain Stern

(2,201 posts)
42. I think that strategy is pretty likely.
Tue Oct 1, 2019, 08:41 AM
Oct 2019

I'm pretty sure the House will impeach. There might even be a handful of republicans that vote the right way.

After that, there are several things that could technically happen.

1. The Senate holds a fair trial, and all members honestly base their votes on the evidence, and trump is found 'not guilty'. The chances of that are almost zero, since the evidence that we know about so far convicts him

2. The Senate holds a fair trial, and enough republicans cast an honest vote along with the Democrats, and Trump is removed. The chances of that are maybe 1%. There just aren't that many honest republicans.

3. The Senate holds the full trial, hears the evidence (that they don't keep out), but the republicans gaslight, obfuscate, and essentially turn it into something so confusing that a lot of the public doesn't really understand it. I wouldn't put it past them to start some kind of 'emergency' to limit the amount of press the trial gets Then they vote to acquit, and claim a fair trial was held.

4. They realize that the evidence is so strong, that there is no way they could defend their votes to acquit......in that case, I think they go with dismissing the charges as being 'frivolous', and a 'witch hunt', based solely on politics.

gab13by13

(21,359 posts)
6. Remember also,
Tue Oct 1, 2019, 06:40 AM
Oct 2019

once the hearing starts, Moscow Mitch isn't in charge. The hearing is presided over by Chief Justice Roberts. Roberts is no friend of Democrats but he doesn't want his legacy to go down in flames.

honest.abe

(8,678 posts)
29. Roberts is also no friend of Trump.
Tue Oct 1, 2019, 07:33 AM
Oct 2019

Trump insulted him after the Obamacare ruling. I think Roberts will be fair and will provide no favors to Trump.

Bernardo de La Paz

(49,005 posts)
13. That's why hearings & investigation so important to lay it all out for the people
Tue Oct 1, 2019, 06:57 AM
Oct 2019

However the Republicons kill the impeachment once it reaches the Senate, they will be on record individually for doing so.

The information against tRump will get worse, not better, between now and then and it will continue to get worse after they absolve him, if they dare.

Buckeyeblue

(5,499 posts)
17. I think rule VII gives lots of leeway however
Tue Oct 1, 2019, 07:07 AM
Oct 2019

If the House does a good job of building their case, the entire country is going to know what evidence they have. At that point, the Senate dismisses at their own peril. It becomes an election issue .

I think if the House can present a good enough case, the Senate might convict. But if this drags into next year, they probably won't convict.

If the trial can be wrapped up before year end, that would mean by April/May the country would be over it and focus on the November election could start.

still_one

(92,219 posts)
27. We can speculate that the Senate "might convict", but I think that is unlikely. Our best chance is
Tue Oct 1, 2019, 07:28 AM
Oct 2019

getting out the vote in 2020 to remove these "traitors".

The strongest message that could be sent is if we win the House, Senate, and WH.

There would be no ambiguity

Buckeyeblue

(5,499 posts)
28. At this point it is unlikely, I agree
Tue Oct 1, 2019, 07:33 AM
Oct 2019

But impeachment is still the principled thing to do. And then we have to get out the vote--regardless of what happens with the impeachment.

 

beachbumbob

(9,263 posts)
39. no rule allows this to happen, its all mis-information. What McConnel can do
Tue Oct 1, 2019, 08:17 AM
Oct 2019

- not schedule the trial
- seek a simple majority vote to delay the trial
- he can do a Merrick Garland and say Nov 2020 election can be the "impeachment" trial


What happens on the Senate floor must go thru the majority leaders desk and he can simply not do anything as the constitution does not proscribe a time frame for a trial to be held

ismnotwasm

(41,989 posts)
47. Bottom line? Trump will need to be voted out. Period.
Tue Oct 1, 2019, 09:15 AM
Oct 2019

Impeachment will damage him politically, but his base is not budging. Like, at all.

It’s a different world than Watergate. Given how easy it is to affirm biases.

Once he is out, now that’s another story. He gets to look forward to many lawsuits.

kentuck

(111,103 posts)
48. But they can't do anything until Nancy sends it over, right?
Tue Oct 1, 2019, 09:17 AM
Oct 2019

What if she decides to keep the investigation going for a bit longer?

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