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Title : To what extent can the House Democrats control what the Senate Republicans do about impeachment?
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To what extent can the House Democrats control what the Senate Republicans do about impeachment?

Or, to phrase it like Jennifer Rubin in The Washington Post: "How far can the House go to stop a sham trial?"

The Senate doesn't control the House; Why should the House control the Senate? The Constitution gives the House "the sole Power of Impeachment" and the Senate "the sole Power to try all Impeachments." That's the text of the document the House Democrats have been making such a show of solemnly honoring. Are they going to switch now to creative hijinks? How far can they go?!

Go as far as you can!!! Rubin eggs them on. Forget how you deafened yourself to the accusations Republicans made about the "sham impeachment." Time steal their rhetoric and call it a "sham trial." Oh, you do have to be careful. This is politics and there are winners and losers. Who's worse off if the people get the idea "sham"? Will the Democrats' "sham trial" framing enhance the Republicans' "sham impeachment" framing? Republicans say a sham impeachment, like a frivolous lawsuit, needs to be met with anti-sham tools and dismissed summarily, or the shamsters will file one frivolous impeachment after another and clog up the Senate. Frivolous lawsuits don't go to trial in the courts. The courts, carrying out their duty to decide cases, have devised methods to save themselves from being ruined by excessive and inappropriate work that comes in the form of a case.

Rubin sets out 5 ideas:

1. Make "procedural demands" modeled on the procedures used in the Bill Clinton impeachment trial (when the Senate adopted the procedures unanimously). This is something only the Senate can do, Rubin concedes, so it's not an answer to the question in her headline.

2. Some Republican senators — Romney, Collins, and Murkowski, perhaps — could ally with Democratic senators, deprive the GOP of a majority, and get negotiation over the procedures. Again, this isn't something the House Democrats could do, just the Senate exercising its "sole power to try."

3. This one is something the House Democrats could do: Vote for impeachment and then not send it to the Senate, not until the Senate agrees to the rules the Democrats want. Rubin says this could put pressure on McConnell and "further unhinge Trump." This puts too much trust in the assumption that Trump is unhinged.*

4. Just keep doing #3, even if it never works. Never send the impeachment to the Senate. The goal of no "sham trial" can be achieved by causing there never to be a trial. Ha ha! That will get him! There will be "a permanent stain on Trump’s presidency." He's denied the acquittal. But Rubin worries that the House Democrats will be regarded as the "constitutional malefactors." They've been trying to build a reputation as faithful servants of the old document. It's good politics, so don't screw up the politics. Rubin advises against this option.

5. Democrats could involve Chief Justice Roberts (who must preside over the trial). Maybe he'll read the Constitution as giving him the power to impose the procedures that the Senate declined to adopt. This is not going to happen, as I think Rubin knows, but she thinks it's worth doing as a way to make people feel that the trial is a sham. It seems to me that it will only make clear that the Constitution gives the Senate the "sole power to try" and that includes determining what the procedures are.

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* The effort to portray Trump as "unhinged" is old. On September 23, 2016, I blogged:

[To t]he NYT — in "Debate Prep? Hillary Clinton and Donald Trump Differ on That, Too" ... Hillary is deep and Trump is shallow:

Mrs. Clinton has a thick dossier on Mr. Trump after months of research and meetings with her debate team, including analysis and assumptions about his psychological makeup that Clinton advisers described as critical to understanding how to knock Mr. Trump off balance. Mrs. Clinton has concluded that catching Mr. Trump in a lie during the debate is not enough to beat him: She needs the huge television audience to see him as temperamentally unfit for the presidency, and that she has the power to unhinge him.

Mr. Trump, in turn, is approaching the debate like a Big Man on Campus who thinks his last-minute term paper will be dazzling simply because he wrote it.....

[The NYT notes] Hillary's idea that she might be able to annoy Trump by calling him "Donald."...

By the way, "Unhinged" is the title of the book Omarosa wrote about her experience with Trump. Back in August 2018, I wrote:

"Unhinged" is such a common insult these days, but I heard some comedian say something like: "They said I was 'unhinged,' but I don't even have hinges." I'm just going to guess it was Kathy Griffin, because I can't find the joke on the internet and I recently sat through her 3-hour show. I liked that joke, and I'm tired of the insult "unhinged" (and all the other insults that rest on the premise of mental illness, a condition that warrants empathy (including my own longstanding tag "Trump derangement syndrome")).

I can also see that when the comedian Michelle Wolf was called "unhinged," she reacted with the joke, "Now is not the time to be hinged," but I like "I don't even have hinges" much better, because it takes you immediately to the concrete image — a person with hinges.

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