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onenote

(46,208 posts)
37. It would require McConnell to invoke the "nuclear" option
Wed Jan 8, 2020, 10:15 PM
Jan 2020

He would have to raise a point of order that the Standing Senate rule that requires a 2/3 vote to change those rules does not apply to the rule that predicates the initiation of Senate impeachment proceedings on receipt of the articles from the House. The Parliamentarian (not Roberts, since this would have to occur before the initiation of an impeachment trial) would rule against McConnell because the rules don't contain any such exception. Then McConnell would move to overrule the parliamentarian and a simple majority could reject that interpretation.

It wouldn't actually "change" the Standing Rules -- they would still read exactly as they do now, just as they weren't changed after the nuclear option was invoked to change the filibuster rules as applied to judicial or executive branch nominations.

McConnell hasn't floated the idea of going nuclear to change the rules....yet. I doubt he will ever do so.

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Second that "GO FUCK HIMSELF!" EOM TruckFump Jan 2020 #1
Adam Schiff should subpoena Bolton for additional House investigation Submariner Jan 2020 #2
This. CrispyQ Jan 2020 #7
This was always the way it would be. mn9driver Jan 2020 #3
It will stain everything they do from this point forward. C_U_L8R Jan 2020 #16
Which was the point FBaggins Jan 2020 #28
Let's Reward Trump For Starting A War With Iran With An..... global1 Jan 2020 #4
Pelosi needs to drag this out as the Republican Senators only goal is not cstanleytech Jan 2020 #5
Does Justice Roberts have ANY say at all in this matter? LiberalLovinLug Jan 2020 #6
No COLGATE4 Jan 2020 #8
Why is he even there then? LiberalLovinLug Jan 2020 #9
Because the Constitution says that he must preside COLGATE4 Jan 2020 #10
Rehnquist was a pretentious asshole. BKDem Jan 2020 #17
For sure. COLGATE4 Jan 2020 #20
Senate majority trumps all bucolic_frolic Jan 2020 #11
Akerman should've taken a moment to refresh his memory of the Senate rules. onenote Jan 2020 #36
AFAIK, Roberts will decide if a witness can be called DeminPennswoods Jan 2020 #15
Always Changing the Rules Roy Rolling Jan 2020 #12
+1,,,,,, Like if you can't win fair, gerrymander! Can the senate proceed with the trial without mitch96 Jan 2020 #30
But it's all up to Nancy, not Mitch, when the House sends over the articles of impeachment. pnwmom Jan 2020 #13
True and i know she will HOLD them until bluestarone Jan 2020 #14
It's actually up to a few GOP senators Miguelito Loveless Jan 2020 #18
Laurence Tribe, Constitutional Law professor at Harvard, says they would need 67 votes, pnwmom Jan 2020 #19
Ah, thank you... Miguelito Loveless Jan 2020 #23
Tribe is incorrect.....and Sen.Reid, as Senate leader shows he's wrong AncientGeezer Jan 2020 #32
Tribe explained that precedent-breaking impeachment rule changes require 67 votes. pnwmom Jan 2020 #34
No the SCOTUS didn't address it..that's the problem with following Tribe AncientGeezer Jan 2020 #35
And I'm supposed to believe you instead of the Constitutional law professor because? pnwmom Jan 2020 #39
It would require McConnell to invoke the "nuclear" option onenote Jan 2020 #37
"McConnell hasn't floated the idea..." SCOTUS nominees ring a bell? AncientGeezer Jan 2020 #40
I don't think you understood my post. onenote Jan 2020 #41
I understood it....I also know he's willing to nuke the rules..and has. AncientGeezer Jan 2020 #42
Since it now appears Pelosi is ready to send the articles up, its a moot point. onenote Jan 2020 #43
Agreed.... AncientGeezer Jan 2020 #44
I always had my doubts about the endgame onenote Jan 2020 #45
The oppo to that was always going to be the Rep.Schiff-Nadler restrictions on R witnesess. AncientGeezer Jan 2020 #46
What is the opposite of railroading a criminal? machI Jan 2020 #21
Show trial? BKDem Jan 2020 #22
People talk about Trump becoming amcgrath Jan 2020 #24
Amidst the wag the dog re-election campaign noise truthisfreedom Jan 2020 #25
Let's face it. It's not Trump who is on trial, here. dchill Jan 2020 #26
So he'll have a trial with no articles of impeachment and no prosecutors? Kablooie Jan 2020 #27
No. He hasn't said that. onenote Jan 2020 #38
Wonder how much money putin and the prince and other help duforsure Jan 2020 #29
Fine. The House should delay and collect more evidence. Yavin4 Jan 2020 #31
Sorry, turtle boy. It isn't your call. paleotn Jan 2020 #33
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