Timing of Trump Impeachment Trial in Limbo as Pelosi Holds Out for Assurances
In declining to say when she might send the articles of impeachment to the Senate, Speaker Nancy Pelosi suggested she might keep them as leverage for negotiations on the rules for a trial.
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Pelosi on Senate Hearing: ‘This Is What I Don’t Consider a Fair Trial’
House Speaker Nancy Pelosi suggested during a news conference on Wednesday that she may delay sending the articles of impeachment to the Senate.
- “Right now, the president is impeached. Go ahead.” “We’re not having that discussion. We have done what we have set out to do. The House has acted on a very sad day to protect and defend the Constitution of the United States, to do so in a manner that was fair. Even though the other side was mischaracterizing it, nonetheless, it was fair, and appropriate and urgent, and urgent. So we’ll— We’ll make our own decision as to when we’re going to send it when we see what they’re doing on the Senate side. But that’s a decision that we will make jointly.” “I’m not going— That would have been our intention. But we’ll see what happens over there. This is what I don’t consider a fair trial: that Leader McConnell has stated that he’s not an impartial juror, that he’s going to take his cues, in quotes, from the White House and he is working in total coordination with the White House counsel’s office. Any comment my colleagues—” “Let me just say that obviously Senator McConnell by that declaration has said that he is, so in effect, the foreman of the jury is working with the defendant’s counsel. That’s not fair. And we’ll have to see what else. But that’s certainly an indication of an unfair, of an intention, to have an unfair trial.”
WASHINGTON — Speaker Nancy Pelosi indicated Wednesday night that the House could indefinitely delay sending the articles of impeachment against President Trump to the Senate, leaving ambiguous the timing of a trial to decide whether to acquit him or convict and remove him from office.
After historic nearly party-line votes to impeach Mr. Trump for two articles, abuse of power and obstruction of Congress, Ms. Pelosi told reporters that she would hold the articles back until it was clearer that the upper chamber would give the case a fair hearing. The strategy suggested she was keeping the charges as leverage in a coming negotiation over the terms of a Senate trial.
But it could leave the matter in limbo until early January, delaying the start of a trial for an unknown period of time.
“We will make our decision as to when we are going to send it when we see what they are doing on the Senate side,” Ms. Pelosi said. “So far, we have not seen anything that looks fair to us.”
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The decision injected a new element of uncertainty into an impeachment process that has already roiled the Capitol and promises profound political implications for Mr. Trump, his party and the Democrats.
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House Votes to Impeach Trump
The Democratic-led House of Representatives charged President Trump with abuse of power and obstruction of Congress.
- “The yeas are 230, the nays are 197, present is one — Article 1 is adopted. The question is on adoption of Article 2. On this vote, the yeas are 229, the nays are 198, present is one — Article 2 is adopted.” “I don’t know about you, but I’m having a good time, it’s crazy. Oh, I think we have a vote coming in. So we got every single Republican voted for us. Whoa, whoa, wow — wow, almost 200. This is the first impeachment where there’s no crime. I say, tell me what I did please. Well, we don’t know — you violated the Constitution. I’m the first person that ever get impeached and there’s no crime. Like, I feel guilty. You know they call it: impeachment lite. It’s impeachment lite.” “And what is the defense from my colleagues? When you cut through it all, when you cut through all the sound and the fury, signifying nothing, what it really amounts to is this: Why should we care? We used to care about democracy. We used to care about our allies. We used to stand up to Putin and Russia. We used to.” “I’ll tell you what, Madam Speaker, let me have just a few minutes, stop the clock, and let me go around to the press corps and everybody here and I’m going to accuse you of something. You did it. You did it. You did it. You did it. Now prove it’s wrong. You did it. Guess what: You don’t want to, because deep down you know that that’s turning the entire jurisprudence of this country upside down. You’re not guilty until you prove it — you’re innocent. And today from this floor, we have heard the majority leader say this president is guilty and not the other way around.” “This impeachment is permanent. It will follow him around for the rest of his life and history books will record it. And the people know why we impeached. It’s all very simple. No one is above the law.” “Unfortunately, many of my colleagues have diminished what should be a solemn and grave proceeding into an absolute political circus.” “If you think I exaggerate in warning that our elections can be undermined, I’d urge you to come down to Georgia, find a black man or woman of a certain age, and they’ll tell you: The danger is real.” “So this vote, this day, is about one thing and one thing only: They hate this president.”
With Mr. Trump and his allies said to be interested in a speedy trial and acquittal, Ms. Pelosi believes slowing down the proceeding could force Senate Republicans to set procedures the Democrats find more favorable to their case, according to Democratic officials who spoke on the condition of anonymity to discuss internal deliberations.
But it is not at all clear that Ms. Pelosi holds much leverage over Senator Mitch McConnell, Republican of Kentucky, who as majority leader has broad power to determine the contours of the trial. An adviser to Mr. McConnell, Josh Holmes, signaled the majority leader was in no rush to try the president for impeachable offenses, writing on Twitter that the maneuver “might be the greatest compliment McConnell has ever received.”
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“They are seriously entertaining holding a grenade with the pin pulled rather than facing what happens when they send it over McConnell’s wall,” Mr. Holmes said.
Democrats in the Senate had already complained that Mr. McConnell was trying to ram through the president’s acquittal by refusing to call witnesses or obtain new evidence. They also took issue with Mr. McConnell’s assertions that it was not his role to act as an “impartial juror” during a trial and that he would closely coordinate any trial with the White House Counsel’s Office.
“This is what I don’t consider a fair trial,” Ms. Pelosi said on Wednesday.
Representative Earl Blumenauer, Democrat of Oregon, said he had spoken to at least 40 Democrats who were concerned that Mr. McConnell would not conduct a fair trial, and who wanted Ms. Pelosi to delay sending the articles to the Senate until she learned more about how the proceedings would move forward.
“What is gained by accelerating this process?” he asked. He said Democrats should “let the speaker work her magic” to “get some sort of assurance, if it’s possible, that there will be a level playing field.”
In addition, some Democrats — including some of the chamber’s most progressive lawmakers — have advocated simply never sending the articles of impeachment to the Senate, to deny Mr. Trump an almost certain acquittal in the Republican-controlled chamber, where a two-thirds vote — 67 senators — are needed to convict. Ms. Pelosi has not ruled that out, but House leaders are not seriously contemplating that course, the Democratic officials said.
The Constitution does not dictate how the process of transmitting articles of impeachment from the House to the Senate should work. It says only that the House has “the sole power of impeachment” and that the Senate, “shall have the sole power to try all impeachments.”
But Ms. Pelosi’s hesitation departs from the precedent set by the only modern presidential impeachment.
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In December 1998, a group of Republicans immediately marched the articles of impeachment against President Bill Clinton across the Capitol to the Senate after the House vote almost exactly 21 years ago. Because the Senate was not in session, the trial did not begin until early January.
The speaker indicated she would also wait to appoint impeachment managers, the House members responsible for prosecuting the case in the Senate, until the matter was resolved.
“We cannot name managers until we see what the process is on the Senate side, and I would hope that would be soon,” Ms. Pelosi said.
Representative David Cicilline, Democrat of Rhode Island, said he did not expect Ms. Pelosi to hold on to the articles indefinitely. But he said Mr. McConnell’s close coordination with the White House “makes a mockery of the trial.”
“I think everyone needs to be assured that there is a process in place that will treat these very serious impeachment articles with the gravity they deserve,” he said.
Still, if there is no resolution on Thursday, a stalemate could easily drag on for weeks.
Under the rules adopted to consider the articles on Wednesday, the House must hold a separate vote allowing Ms. Pelosi to appoint the impeachment managers and transmit the articles to the Senate. The House is scheduled to leave Washington at the end of the week for the Christmas and New Year’s holidays, meaning if she does not take the action by then, the fate of the articles could be left unresolved until early January, when Congress reconvenes in the capital.
Sheryl Gay Stolberg contributed reporting.
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