If House Democrats do try to impeach President Trump over attempting to get his SCOTUS nominee confirmed, as Speaker Pelosi has suggested, how would that go?
Fox News’ Chad Pergram explains that it would be difficult for such an attempt by the House to really impede the Senate’s confirmation of a new justice.
1) There is a supposition, suggesting that the House of Representatives could try to impeach President Trump again or impeach Attorney General Bill Barr to inhibit the Senate from moving expeditiously to confirm a Supreme Court Justice.
— Chad Pergram (@ChadPergram) September 20, 2020
2) It’s hard to see how any such scenario could impede the Senate.
Let’s hypothetically that the House does impeach the President or Barr and appoints House managers to handle a Senate impeachment trial.
— Chad Pergram (@ChadPergram) September 20, 2020
3) Senate Impeachment Rule I requires the Senate to approve a resolution to receive and exhibit the articles of impeachment. Impeachment Rule II establishes the formal beginning to the trial.
— Chad Pergram (@ChadPergram) September 20, 2020
4) Short of the Senate approving an additional resoluton to establish impeachment trial parameters, the regular impeachment rules kick in. If dealing with the President, Chief Justice John Roberts presides and swears-in senators as jurors.
— Chad Pergram (@ChadPergram) September 20, 2020
5) If the Senate fails to adopt any special framework for a trial, Impeachment Rule III kicks in. That requires the Senate to hold the trial six days a week, starting at 1 pm et “until final judgment shall be rendered.”
— Chad Pergram (@ChadPergram) September 20, 2020
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6) Even if the Senate is in the middle of fulfilling its obligations of a trial, that doesn’t hijack the Senate from tackling other business – such as a Supreme Court nomination. The Senate could deal with such a nomination either before or after the trial period on any day.
— Chad Pergram (@ChadPergram) September 20, 2020
7) So it’s hard to see how any impeachment trial could have any practical effect and delay the confirmation process for a Supreme Court nominee.
— Chad Pergram (@ChadPergram) September 20, 2020
To accomplish both would mean a lot of getting things done, and we know how Washington usually fares with getting things done.
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