1. URGENT: What if some clever Constitutional lawyer like @tribelaw or @neal_katyal filed a law suit for House seeking expedited emergency TRO and preliminary injunction blocking the 1986 Senate Impeachment Rule that conflicts directly with the text of the US Constitution?
2. Art I, Section 2 provides the House has the sole power of impeachment. Art I, Section 3 provides that "[T]he Senate shall have the sole power to try all Impeachments. . . . When the President of the United States is tried, the Chief Justice shall preside:"
3. So can the Senate pass a rule that is not part of the Constitution that takes away the Chief Justice's Constitutional power to "preside?" How can they limit the only judge in the hall's ability to rule on the evidence? They can't. The rule is clearly unconstitutional.
4. Let's take it down. Fast. File the suit next week. House has standing. Short and sweet. File as a TRO and then force who ever gets it assigned to rule ASAP on a preliminary injunction. Automatic right to appeal to the DC Cir. Senate is so tied to their rules they might cave.
5.This is Constitutional warfare and I've been unknowingly preparing to fight it this since childhood. File the law suit. By Monday. Do it. @SpeakerPelosi @SenSchumer @RepJerryNadler @RepAdamSchiff @RepJeffries @SenateDems @HouseJudiciary @TheJusticeDept @WhiteHouse @uscourts
The passed the current rules on a 98 to 2 vote. It was 1986. I’m away from my dest. Google Senate Impeachment Rules.
