Kick the whole impeachment back to the House

What is the real goal of this unconstitutional and idiotic Impeachment? You may be surprised to find out.

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Mark Langfan

OpEds Trump's impeachment trial
Trump's impeachment trial
Mark Langfan

Hour after hour after hour, the Democrat Impeachment Managers get up and demand the Senate subpoena witnesses and documents. They drone on how all of this alleged evidence is necessary for their Impeachment case.

There’s just one problem with the whole spiel. The right and legally appropriate and correct time to have subpoenaed the documents and witnesses was before they impeached President Trump when they themselves could have voted in the House, with a guaranteed Democrat majority, to subpoena the documents and the witnesses. 


Why is it the Senate Republicans’ job to fight a court fight for evidence protected by executive privilege that the House Democrats should have litigated for in the first place?
Had they issued the subpoenas then, President Trump would have moved in Federal court to quash the subpoenas and all the issues of executive privilege would have been decided by the Supreme Court before the House vote on Impeachment.  Instead, the Democrats of the House are trying to get four Republican Senators to do their work for them. The Senate Republicans should counter-attack, immediately vote to kick the idiotic impeachment back to the House, and demand the House itself subpoena whoever they want to subpoena.

What is the real goal of this unconstitutional and idiotic Impeachment?  It’s not to help Biden by keeping Sanders out of Iowa for the Iowa caucuses.  First and foremost, Its intent is to shut-out or filibuster the Senate from approving Federal judges.  If this Impeachment takes months, hundreds of Federal judgeships will go unfilled.  The Senate Democrats know this and therefore they will be making every attempt to make sure the impeachment takes many months.

Second, if the Senate Republican Leader doesn’t have the votes for a motion to dismiss, or a motion to acquit, he needs a third option that will turn the tables on the Democrats.  That option is to vote that the Impeachment Articles as delivered are “premature” and insufficient, and return the Impeachment Articles to the House for further evidentiary support. In fact, the Democrat House Impeachment managers have actually proven beyond a reasonable doubt that they allegedly need volumes of additional evidence, and half a dozen witnesses to make their case.

Ergo, at the moment, they have no case.  Even the Democrat Senator from Hawaii who excoriated Justice Kavanaugh took the House Democrats to task by stating, “if we’re following the Clinton precedent, there would have been all of the discovery done at the house level and that’s not what is happening at all.”  Yes, the House Democrats should have done all the discovery and subpoenaing of witnesses in the House proceeding and not at the final Senate Trial. 

Third, a vote to return the Articles of Impeachment as premature to the House will fully protect the Republicans who are on the fence, and or are in toss-up states.  They can say to their anti-Trump constituents, we didn’t reject the Impeachment, we merely returned the articles so the House could properly subpoena whatever they wanted to subpoena, and work it out in the courts.  Why is it the Senate Republicans’ job to fight a court fight for evidence protected by executive privilege that the House Democrats should have litigated for in the first place?  What’s worse, they want Republicans in toss-up states to lose their Republican voters for voting for the Senate issuing subpoenas when the House should have done it in the first place.

Fourth, sending the Impeachment back to the House lobs the premature Impeachment grenade back into the House where it belongs. Let the Democrats in Trump districts go on record voting for subpoenas against President Trump or all these issues when they got elected by promising not to impeach President Trump.  And, critically, throwing the Impeachment back to the House throws Nancy Pelosi’s time-table out the window.

In sum, if Senator McConnell doesn’t have the votes to acquit or dismiss the Impeachment, he needs to immediately force a vote to throw these premature imaginary Articles of Impeachment back to the idiots who concocted them in the first place - the Democrat-Majority House of Representatives.



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