Democrats refuse to refer Trump impeachment case to Senate: what's going on - ForumDaily
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Democrats refuse to refer Trump impeachment case to Senate: what's going on

The impeachment process of US President Donald trump stopped, barely having time to begin. Democrats refuse to transfer to the Senate already approved articles of charges against the head of the White House, and without this, senators can not start a hearing to remove the US president from power. Writes about it with the BBC.

Фото: Depositphotos

Donald Trump himself continues to insist on a speedy trial. “I want an immediate process!” Trump wrote on Twitter.

The very next day after a vote in Congress, which approved two articles of charges against Trump, House Speaker Nancy Pelosi reiterated that she was not going to submit these articles to the Senate until the senators approved the rules for the trial.

This decision, backed by Democratic leaders in Congress, has already caused a stalemate in Washington.

The president himself and his supporters on Capitol Hill insist on the immediate start of the process, arguing that during a meeting reminiscent of a court hearing, the head of the White House will be acquitted, and all charges against him will be declared insolvent.

But for this, Democrats in the House of Representatives must officially transfer to the Senate the articles of accusation that they have approved. Trump opponents are clearly not going to do this in the near future.

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Congressman James Clyburn, considered one of the leaders of the Democratic majority in Congress, said his party associates are ready to hold these documents for as long as they like.

“It would be completely crazy to hand them over, knowing that they would put on a real show there instead of a trial,” he explained.

Why Democrats Don't Transfer Senate Charges

The US Constitution gives Congress the power to impeach a president on charges of "high crimes and misdemeanors."

At the same time, the right to remove the president from power was delegated to the Senate after judicial review, which is led by the head of the US Supreme Court. Now this position is held by John Roberts.

Senate Republican leader Mitch McConnell said he does not intend to remain an “impartial juror” and intends to coordinate his actions during the hearings with White House lawyers.

He called the impeachment decision of the president unfair, adding that the Democrat’s investigation into Donald Trump was hasty and the most unfair in modern history.

In response, Congressional Speaker Nancy Pelosi announced that she did not consider it fair that a jury member admitted that he would act along with the defendant’s lawyers.

Therefore, she sees no reason for the immediate transfer of articles of charges against the president to the Senate.

Why is the procedure for transferring charges

According to the constitution, the Senate has the right to start court hearings only after the prosecution articles approved by Congress are handed over by commissioners - impeachment managers, who should be elected by the House of Representatives.

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They are also required to act as prosecution representatives at the hearing.

Special clarifications prepared by the Congressional Research Service clarified that managers should read out a resolution on their appointment in the Senate chamber of the Senate, as well as a resolution approving the prosecution.

This ceremony is the official start of the trial.

No one, except for managers, has the right to transfer articles of charges to the Senate. At the end of this week, Congress is leaving for the Christmas holidays without appointing representatives.

This means that the start of the hearing on the impeachment of Donald trump is postponed until at least January 2020.

What Democrats Achieve

Commenting on the impeachment vote on a series of Twitter posts, President Donald Trump kept repeating that he needed to hear Senate allegations immediately.

“The reason the Democrats don't want to send the indictments to the Senate is because they don't want corrupt politician Adam "Swiss" Schiff (the head of the Congressional Intelligence Committee) to testify under oath, and they don't want a whistleblower to testify. , the missing second informant and the Biden family!” — the head of the White House wrote on Twitter.

Republican leaders in the Senate do not particularly hide that they are going to fully justify Donald Trump during the court hearings.

According to the Constitution, senators set the rules for conducting the process. Earlier this week, Mitch McConnell, head of the Republican majority, said he did not see the need to call witnesses and the hearing could be held as quickly as possible.

To remove the US president from power, two-thirds of the senators need votes.

But so far, the Democrats in the upper house have only 47 out of 100 representatives, and even the most ardent supporters of impeachment doubt that 20 Republican senators will support their position.

Nevertheless, the Democrats insist on a full-fledged trial - with calling witnesses, requesting documents from federal agencies and public hearings.

According to Speaker of Congress Nancy Pelosi, only such a process will allow American voters to “get all the information they need about the crimes committed by the President of the United States.”

Why democrats chose this tactic

One of the authors of the tactics chosen by the Democrats is Lawrence Tribe, Harvard University professor of law.

In his article entitled "Don't let Mitch McConnell hold a Potemkin impeachment trial," published by the Washington Post, he said that no existing US law obliges Democrats to immediately transmit the articles of impeachment to the Senate.

Moreover, according to the lawyer, such a decision will allow the Republican leaders to hold not a real court, but its semblance, in which decisions will be made by the president and his lawyers.

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The position of Harvard professor was publicly supported by the speaker of Congress.

According to Nancy Pelosi, she will be ready to transfer to the senators all the necessary documents only after she is convinced that the Senate will conduct a full trial.

How legitimate are Democrats?

Lawyers in the United States have not yet been able to come to a consensus, discussing the tactics of the Democrats.

“The Constitution is unclear about whether Congress can refuse to submit articles of indictment to the Senate,” explained Joshua Geltzer, a visiting professor at Georgetown University Law School.

In his opinion, the House of Representatives has the right to declare impeachment of the president, without taking the next step and not insisting on a trial to remove the president from power.

Columbia University Law School lecturer Richard Frolic, in turn, is convinced that the Democrats’ refusal to hand over impeachment proceedings to the Senate would mean a victory for the US president.

“In this case, the process will not be completed, and this will allow the head of the White House to say that his opponents did not have any compelling arguments to remove him from power,” he believes.

It seems that this opinion is shared by Donald Trump.

“The Senate must set a time and place for the trial,” he wrote in one tweet. “If the slacker democrats, out of great intelligence, decide that they will not participate in it, then by definition they will lose!”

As ForumDaily wrote earlier:

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In the U.S. Donald Trump impeachment
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