A question of law ...

[dogtag]

If a defendant is charged but the prosecution fails to
turn up at the trial, is not the case dismissed ?

As my life has not sunk to the depths of my becoming a lawyer,
I don't know these finer points of the law.

[Roadkingtrax]

If a defendant is charged but the prosecution fails to
turn up at the trial, is not the case dismissed ?

As my life has not sunk to the depths of my becoming a lawyer,
I don't know these finer points of the law.

Are you referring to a criminal trial?

[Vern Humphrey]

If a defendant is charged but the prosecution fails to
turn up at the trial, is not the case dismissed ?

As my life has not sunk to the depths of my becoming a lawyer,
I don't know these finer points of the law.

If it were up to me, I'd tell Nancy Pelosi the impeachment trial begins tomorrow. Be there or be square.

The Constitution gives the sole power of trying impeachments to the Senate. The house has voted for impeachment, and there is no impediment to the Senate starting the trial tomorrow.

[Gun Smoke]

My understanding is the "house" has to deliver or present the articles of impeachment to the senate before they can begin with a trial. There are time limits though and McConnell has stated that if the "house" stalls then the prez will be clear by default.

This may be the only way the democrats can save face by hoping it all just fades away and the voters forget about it all.

https://www.freerepublic.com/focus/f-news/3802120/posts

[Vern Humphrey]

My understanding is the "house" has to deliver or present the articles of impeachment to the senate before they can begin with a trial.

Says who? There is nothing about that in the Constitution. The House had voted, the President is impeached, and from now on the Senate makes the rules,

[bruce]

After the start of the new year pelosi will send the articles so called to the Senate. The Republicans will vote to acquit President Trump. There will be weeping and wailing and gnashing of teeth by the left-wing demokrats. The rest of the country will happily continue on pursuing life, liberty and happiness (or if you will ... property as first written by Locke). Sincerely. bruce.

[dogtag]

Maybe Pelosi will not present the articles to the Senate forcing
Mc'Connell to declare Trump innocent by default.
Then Pelosi can crow that Mc'Connell acquitted Trump without a trial.
Therefore Trump is guilty but escaped punishment.

[lyman]

Maybe Pelosi will not present the articles to the Senate forcing
Mc'Connell to declare Trump innocent by default.
Then Pelosi can crow that Mc'Connell acquitted Trump without a trial.
Therefore Trump is guilty but escaped punishment.

would not put it past her

[togor]

Maybe Pelosi will not present the articles to the Senate forcing
Mc'Connell to declare Trump innocent by default.
Then Pelosi can crow that Mc'Connell acquitted Trump without a trial.
Therefore Trump is guilty but escaped punishment.

There you go!

[Vern Humphrey]

Maybe Pelosi will not present the articles to the Senate forcing
Mc'Connell to declare Trump innocent by default.
Then Pelosi can crow that Mc'Connell acquitted Trump without a trial.
Therefore Trump is guilty but escaped punishment.

That's why McConnell should begin the trial today.

The Senate has the sole power to try cases of impeachment. Nobody can tell them HOW to do it.

[m1ashooter]

Maybe Pelosi will not present the articles to the Senate forcing
Mc'Connell to declare Trump innocent by default.
Then Pelosi can crow that Mc'Connell acquitted Trump without a trial.
Therefore Trump is guilty but escaped punishment.

I also believe this will be the case. It will be their battle cry for 2020.

[High Plaines Doug r]

Until Congress submits articles of impeachment to the Senate to try, there is no impeachment. There is nothing keeping Pelosi from pocketing the Articles until she sees a better time to submit them. In the meantime, there has been no impeachment.
All the proceedings up to this point, including their vote on articles, are merely an "inquiry" or show. Congress power to impeach IS the submittal of articles (Article 1, Section 2, para 6) to trial in the Senate who then vote to convict or acquit (Article 1, Section 3, para 6).

[Vern Humphrey]

Until Congress submits articles of impeachment to the Senate to try, there is no impeachment. There is nothing keeping Pelosi from pocketing the Articles until she sees a better time to submit them. In the meantime, there has been no impeachment.
All the proceedings up to this point, including their vote on articles, are merely an "inquiry" or show. Congress power to impeach IS the submittal of articles (Article 1, Section 2, para 6) to trial in the Senate who then vote to convict or acquit (Article 1, Section 3, para 6).

No, not true. The President is impeached as soon as the votes are counted and certified -- which they have been. Now the Senate is in charge.

Article 1, Section 3:
Clause 6: 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.

The Senate can act as they please. The President has been impeached, and whether the charges have been forwarded or not, he IS impeached and they can act.




As I said, the Constitution

[Gun Smoke]

No, not true. The President is impeached as soon as the votes are counted and certified -- which they have been. Now the Senate is in charge.

Article 1, Section 3:
Clause 6: 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.

The Senate can act as they please. The President has been impeached, and whether the charges have been forwarded or not, he IS impeached and they can act.




As I said, the Constitution

This kinda, sorta backs up what you are saying.

http://cvhs-teacher.com/cassidy/govt15/Executive/ProcessofImpeachment.htm

[Vern Humphrey]

This kinda, sorta backs up what you are saying.

http://cvhs-teacher.com/cassidy/govt...mpeachment.htm

Yep. If the Senate decides to act, who can prevent them?