The senate can vote on whatever it wants. It can vote on national applesauce day, lefthnded monkey wrench week, whatever.
I posted this in an earlier thread, but it is apropos here. The senatecritters can vote that the fake articles of impeachment are a nullity:
Criminal and civil cases that do not properly state a crime or case are generally dismissed before a trial, for failure to state a crime or cause of action for which relief can be granted.
The 2 crazy “articles” have been adopted by one political party in the House. The “articles”as passed fail to state any “high crimes AND misdemeanors”.
The Senate can vote to dismiss the articles as adopted for failure to state “high crimes AND misdemeanors” for which impeachment is authorized or appropriate”.
This is an easy vote, which places the elected President in no danger of conviction, which could sneakily occur if PDJT is allowed no witnesses in a trial. The senate can easily find there is no abuse of power for “taking care” that the laws be enforced as required by the Constitution.
The senate can easily vote that there can be no obstruction of congress for presenting contested issues or separation of power and executive privilege to the judicial branch. Done all the time….
While there are varying explanations of “high crimes and misdemeanors”, I read this phrase as requiring a high crime, AND misdemeanors. Not OR misdemeanors. To remove an elected President, the Founders required a PATTERN of major criminal misconduct, not one traffic ticket, or single legal screw-up. At the time the Constitution was drafted, there were VERY few high-crime-“felonies”. Now we have so many different laws and regulations, that it is generally accepted that anyone actively living and working must violate any number of laws and requlations, just by making daily decisions and doing anything productive. The President (unlike a crooked congresscritter) has to make decisions every day, not all of which everyone likes. That is what elections are for.
The dems likely expect this, so their next move is likely to pass other “articles” which also fail to state or prove a pattern of “high crime and misdemeanors ” The Senate needs a quick way of disposing of multiple purely partisan political attacks which sap the senate and the time and effectiveness of the President from doing what he promised voters to get elected.
This meets graham’s goal of not wanting ukranian testimony (PDJT can always raise it later, especially if there are convictions in ukraine later). Quick votes that scam schiff/nadler “impeachments” fail to state or prove “high crimes and misdemeanors.
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