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In reply to the discussion: (WAPO) Laurence Tribe: Impeach Trump. But don't necessarily try him in the Senate. [View all]Hortensis
(58,785 posts)best guess none of the recent ones invented this idea. Very interesting, though, and would seem a possible way to divide the baby without killing it.
The constitution says impeachment after being voted for in the house will be referred to the senate for trial. There's nothing in the constitution that specifically says the house has to refer it. I once searched and tried to find mention of previous cases that would bear on it but didn't find anything.
Also, the house doesn't have to impeach once beginning the process (process determined by the house, not the constitution, btw). So they apparently could also conduct and present their lengthy investigation to the public and then stop without the final vote to impeach.
One thing I haven't come across is what moves the Republicans might take, aside from heading for SCOTUS on some point or other. Could they hold a trial anyway, without the house "managers" acting as prosecutors of course, anyway, real or fake, either way finding Trump innocent in order to affect the election? There are no doubt dozens of invisible dots we can't see and can't connect.