Please stop assuming if you don't see the Democrats strategizing and whipping, it's not happening

[StarfishSaver]

165. That's actually NOT the process. ABC has it wrong

Last edited Wed Jun 5, 2019, 08:02 PM - Edit history (6)

The process can either be initiated on the floor with a resolution introduced pursuant to House rules and procedures (it's not a "suggestion"- it's a formal piece of legislation) or the Judiciary Committee Chairman can initiate the investigation unilaterally in Committee. Although the latter process rarely occurs, the Judiciary Committee chair has "originating authority" for impeachment ("The committee chair could undertake such an activity either on his or her own, in response to an introduced and referred resolution, or in response to a vote of the full House".) https://www.everycrsreport.com/reports/R41110.html#_Toc301785618). This is rare, but not unprecedented. For example, the inquiry that led to the impeachment of Judge Alcee Hastings originated in the Judiciary Committee.

1. If a resolution to open an impeachment inquiry is introduced, like any other bill offered on the floor, it is immediately referred to the appropriate committee. House rules REQUIRE the speaker to refer all resolutions and bills to committee. She doesn't have the power or discretion not to keep any legislation from being referred.* See, Rules of the House of Representatives, Rule XII, 2 http://clerk.house.gov/legislative/house-rules.pdf

Several impeachment resolutions have been introduced in recent years, under a Democratic and Republican speakers. Every one of those resolutions has been referred to committee.

2. If the matter is referred to a committee (or if the Chairman originates it in committee), the Committee considers it and votes on whether to recommend it to the floor.

3. If the resolution is passed out of Committee, it goes to the floor where it is voted on by the full House. If it passes (only a simple majority is required), the inquiry is officially opened - most likely by authorizing the Judiciary Committee to begin it in committee. At that point, the Judiciary Committee begins the process you describe in your third paragraph.

4. After the Judiciary Committee approves Articles of Impeachment, the Articles are sent to the floor where they are debated for a set number of hours (and, if necessary, amended) prior to a final vote.

*Edited to delete statement: "Although the Speaker theoretically has the power to keep any piece of legislation from being referred to Committee, I am not aware of her or her predecessors ever doing so" as my additional research confirmed that the Speaker has no such power.