The process of impeachment of US President Donald trump has stopped, hardly having had time to begin. The Democrats refuse to pass in the Senate already approved the articles of charges against the head of the White house, and senators are unable to commence the removal of the President from the U.S. government. About it writes BBC.
Himself Donald trump continues to insist on holding fast trial. “I want an immediate process!” — trump wrote on Twitter.
The next day after the vote in Congress approved two articles of charges against trump, the speaker of the house Nancy Pelosi reiterated that he is not going to convey these articles to the Senate for as long as the senators do not approve rules for the conduct of the trial.
This decision, supported by the leaders of the Democrats in Congress has caused a stalemate in Washington.
The President and his supporters on Capitol hill insist on the immediate beginning of the process, arguing that during the meeting, reminding the court hearings, the White house will be acquitted and all charges against him declared insolvent.
But for that, the Democrats in the House of representatives should formally transmit to the Senate approved their articles of charges. To do this in the near future the opponents trump is clearly not going to.
Congressman James I believe Cliburn, considered one of the leaders of the democratic majority in Congress, said his party colleagues are ready to retain these documents indefinitely
“It will be totally insane to pass them, knowing what they’ll put on a show instead of the court”, — he explained.
Why did the Democrats not pass the charges to the Senate?
The U.S. Constitution gives Congress the right to declare impeachment of the President in approving the charges against him in “serious crimes and offenses”.
The right to remove the President from power delegated to the Senate after judicial review, which is headed by the head of the Supreme court of the United States. Now this post is John Roberts.
The Republican leader in the Senate Mitch McConnell stated that he is not going to remain “impartial jury” and intends to coordinate the hearings with the lawyers of the White house.
He said the decision on the impeachment of the President is unfair, adding that the investigation, conducted by Democrats against Donald trump, was hasty and unfair in the modern history.
In response, the speaker of the house Nancy Pelosi has declared that does not consider fair the situation where the juror recognizes that he will act together with the lawyers of the accused.
So she sees no reason for the immediate transfer of the articles of charges against the President to the Senate.
Why you need the procedure for the transfer charges?
According to the Constitution, the Senate has the right to start the court hearings only after the article of the charge, approved by Congress, will be transferred to the special commissioners, managers of the impeachment, which needs to choose the House of representatives.
They are also required to perform the role of the prosecution at the hearing.
In special education, prepared by the research Service of the Congress, specified that managers should read in the conference room of the Senate resolution on his appointment, and a resolution approving the articles of charges.
This ceremony is the official start of the trial.
No one other than the managers has the right to transmit to the Senate articles of charges. At the end of this week, Congress leaves for the Christmas holidays, and not appointing representatives.
This means that the beginning of impeachment hearings Donald trump is delayed at least until January 2020.
What are making the Democrats?
Commenting on the vote on impeachment in a series of messages in Twitetr, President Donald trump kept saying that requires immediate consideration of the accusations against him in the Senate.
“The reason Democrats don’t want to transmit to the Senate articles of charges, is that they don’t want corrupt politician Adam “Fidgety” Schiff (the head of the intelligence Committee of Congress) was made under oath, and do not want to be made by the informant, the second informant missing and the family is Biden!” — wrote the head of the White house on Twitter.
The leaders of the Republicans in the Senate don’t especially hide the fact that are going to justify Donald trump in court hearings.
According to the Constitution, rules of conducting of the process set by the senators. At the beginning of the week the head of the Republican majority Mitch McConnell said he sees no need to call witnesses and the hearing can be held as quickly as possible.
To remove the President from the U.S. government, needs the votes of two thirds of senators.
But while the Democrats in the upper house of representatives, only 47 out of 100, and even the most ardent supporters of impeachment doubt that their position was supported by 20 Republican senators.
However, Democrats insist on conducting a full trial with witnesses, request documents from Federal agencies and public hearings.
According to the speaker of the house Nancy Pelosi, only this process will allow the American voters “to get all the necessary information about the crimes committed by the President of the United States.”
Why the Democrats chose such tactics?
One of the authors of the tactics chosen by the Democrats, is considered a law Professor at Harvard University Laurence Tribe.
In his article entitled “don’t let Mitch McConnell to hold a Potemkin court of impeachment,” published by the Washington Post, he said that none of the existing U.S. laws do not obligate the Democrats to immediately transfer article of the charges to the Senate.
Moreover, according to the lawyer, this decision will allow the Republican leaders to hold a fake trial, and his likeness in which decisions will be made by the President himself and his lawyers.
Position Harvard Professor was publicly supported by the speaker of the house.
According to Nancy Pelosi, she will be ready to convey to the senators all the necessary documents only after will be convinced that the Senate will hold a full trial.
How legitimate the actions of the Democrats?
Lawyers in the United States are unable to agree, discussing the tactics of the Democrats.
“The Constitution does not give a clear answer to the question of whether Congress can refuse to transmit to the Senate articles of charges,” explained visiting Professor, school of law, Georgetown University Joshua Geltzer.
In his opinion, the House of representatives has the right to declare impeachment of the President, without making the next step and not insisting on holding a trial to remove the President from power.
Lecturer, school of law, Columbia University Richard Vrolijk, in turn, believes that the refusal of the Democrats to pass the consideration of the impeachment in the Senate will mean the victory of the President of the United States.
“In this case, the process will not be completed and this will allow the White house to declare that his opponents were not weighty arguments for his removal from power,” he said.
It seems that this opinion is shared by Donald trump.
“The Senate must appoint a time and place of the hearing, — he wrote in one of the tweets. — If the bums out-Democrats from a great mind decides that they will not participate in it, they by definition lose!”
As previously wrote ForumDaily:
On 16 December, the Legal Committee of the house of representatives of the U.S. Congress published a report in which the majority is controlled by the legislators from the Democratic party, recommended that the U.S. House of representatives to impeach the US President Donald Trump and the Senate to remove him from office.
On the eve of a vote in the House of representatives on the resolution on impeachment of the President of the United States, which is scheduled for 18 December, Donald trump has sent a sharp letter to the speaker of the house Nancy Pelosi.
December 18, the House of representatives of the U.S. Congress impeach President Donald Trump’s accusations that he abused the position for his own political gain, and prevented attempts to investigate its actions
Trump became the third President in U.S. history who got impeached.