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If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all.
That’s because “impeachment” under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached.
Speaker Nancy Pelosi of California would appoint a team of lawmakers to act as prosecutors during the trial. They are called managers, and they present the articles of impeachment to the Senate.
Any senator could propose a motion to dismiss the charges. (A simple majority vote would be needed.)
But if the trial proceeds, there would be opening and closing statements, questions from senators to the managers and defense lawyers, and, possibly, more subpoenas, evidence requests and witnesses called. Deliberations would likely happen in a closed session before a vote.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
originally posted by: TheRedneck
Now, the House did indeed vote to impeach President Trump on two Articles of Impeachment, but that process is not complete and impeachment is not complete until the Articles of Impeachment are delivered to the Senate. Now, I will admit some may disagree, but then that brings up another issue: If President Trump is impeached, then Nancy Pelosi has violated her oath to uphold and defend the Constitution of the United States by refusing to allow the Senate to try the case.
So those who demand that Trump was impeached (and they will be here shortly), to you I pose the question: will you hold Nancy Pelosi accountable for her direct violation of the Constitution?
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.
originally posted by: Sookiechacha
a reply to: Vasa Croe
The Speaker doesn't have to send the articles of impeachment until the Senate sets the trial rules. Once the rules are set, both sides pick "managers" to represent their prospective cases. The House sends the articles of impeachment with the House managers.
But, what are the steps between the grand jury deciding to indict and the trial? It seems that someone would be obligated to alert someone that preparations are needed for the trial.
originally posted by: Sookiechacha
a reply to: TheRedneck
That's like saying an indicted person hasn't been indicted because they haven't stood trial yet.