The Gateway Pundit reported yesterday that Senator Josh Hawley has introduced a Resolution in the Senate regarding the delay of the House of Representative’s delay in forwarding the articles of impeachment to the Senate.
The Resolution states:
Title: Amending the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials.
Resolved, That rule I of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials is amended to read as follows:
“I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately inform the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment, agreeably to such notice.
If, following adoption of such articles, the House of Representatives does not so notify the Senate or otherwise provide for such articles to be exhibited to the Senate within 25 calendar days from the date of adoption of such articles, as recorded in the Journal of the House of Representatives, such articles shall be deemed exhibited before the Senate and it shall be in order for any Senator to offer a motion to dismiss such articles with prejudice for failure by the House of Representatives to prosecute such articles. Such motion shall be adopted by an affirmative vote of a majority of the Senators, duly chosen and sworn, without debate by the yeas and nays, which shall be entered on the record.”.
The article provides background for the Resolution:
The Senate has adopted a set of 26 rules that govern all impeachment proceedings, known as the “Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials.” Those Rules presume prompt delivery of the articles of impeachment to the Senate following their adoption by the House. Historically, the House delivered articles of impeachment to the Senate for action almost simultaneously with the vote to impeach. During the Clinton impeachment, for example, the articles were transmitted to the Senate the same day they were approved. Consequently, the current Senate rules have no mechanism to address Speaker Pelosi’s unprecedented attempt to prevent a Senate trial by withholding the articles after the President has been impeached.
Speaker Pelosi’s gambit raises grave constitutional concerns. Article 1, Section 3 gives the Senate the “sole” power to try impeachment cases. But if the Speaker refuses to transmit the articles after the President has been impeached, she could prevent the Senate from exercising its constitutional prerogative, perhaps indefinitely.
Senator Hawley’s resolution would amend the Senate’s impeachment rules to prevent this abuse of the Constitution and protect the Senate’s sole power to try impeachment. The resolution would allow the Senate to dismiss for lack of prosecution any articles of impeachment that the House of Representatives has delayed transmitting for 25 calendar days or more. Under this new rule, any Senator would be entitled to move to dismiss once the allotted time period had elapsed. Any motion to dismiss would be voted upon by the full Senate.
This should provide the impetus for Speaker Pelosi to forward the articles of impeachment and stop this endless delay.