Late Night Dark Dirk puts on his Mitch McConnell thinking cap ... IT AIN'T PRETTY. A thread.
I have had several discussions on what a trial in the Senate on impeachment might look like, especially with @lauferlaw regarding Chief Justice Roberts. Laufer's thoughtful take is below. I hope Laufer is right
Dems will shortly vote on Articles of Impeachment, and the normal course of things, they would send those articles to the Senate for trial on the question of whether Trump should be removed from office. BUT SHOULD THEY DO THAT?
Trial in the Senate means giving power and control to Mitch McConnell. MM has proven - over and over and over and over - to care only about power; not about Senate norms; not about US interests; not about his constituents. He is proud to be the "grim reaper" with on legislation.
Mitch McConnell is the blackest of black hats. He is also extremely smart politically; has studied the rules for decades; and is ruthless. He MUST NOT be underestimated.
So put on your Mitch Black Hat and your Dark Dirk Glasses, and ponder what you would do with this power: "THE SENATE SHALL HAVE THE SOLE POWER TO TRY ALL IMPEACHMENTS."
If I'm Black Hat Mitch, my witness list is Hunter Biden, Joe Biden, Any renegade FBI guy that will torch Dems; Eric Holder, Strzok, Lisa Page, and anyone else I think is useful pawn in the grand game of Fuck the American People.
And Black Hat Mitch doesn't play. Everything those people have ever done is relevant. Won't answer? Contempt. Lie? Perjury. You think this is a circus? Here come the monkeys.
So there are two questions: 1) Can Black Hat Mitch be constrained if there is an impeachment trial in the Senate?; 2) Will the Dems send articles to the Senate at all.
So, can Black Hat Mitch be constrained? Hurd/Wittes for @lawfareblog review the historical precedent. Short version: Chief Judge decides on evidence etc., but can be overruled by 51 Senators voting to overrule. THERE ARE 53 REPUBLICAN SENATORS.
That means if Republicans under Moscow Mitch stay solid, they can overrule ANY decision of Chief Justice Roberts ... which means he can't stop Moscow Mitch from putting Joe Biden ON TRIAL.
Perhaps there are 4 Republican Senators that would decide to defect ... BUT I WOULDN'T GOLDURN COUNT ON IT.
If a decision by Chief Justice Roberts was overturned by Moscow Mitch ... perhaps it could be appealed to SCOTUS? Meh. 1 Roberts would be recused; 2 probably not appealable until after acquital, so useless; 3. probably unwinnable in light of "sole power" in Senate
Dirk's bottom line (all the dirks, rose-colored; dark; songwriter ... all of them) - Mitch CAN'T WAIT to have a Senate trial; he will use that to damage Biden, the Dems and the Republic, and we should not cede him that power.
So I think the question is whether House Dems will send the articles at all. I trust @TeamPelosi, @RepAdamSchiff and the House Dems, so if they do, I assume that they have inside knowledge about how the vote might go.
Smart People, however, including @tribelaw have argued that Dems should not go the full monte, but should censure instead. washingtonpost.com/opinions/impea…
If find that solution unsatisfactory. I want Trump impeached. But I DONT want Moscow Mitch to hold a trial. Can the house impeach without sending it to the Senate? The house has absolute powers on impeachment. "The House...shall have the sole Power of Impeachment."
Moscow Mitch has been priming the mainstream media pump with the notion that if the House impeaches, then the Senate has to immediately hold a trial ... BUT I DON'T TRUST MITCH. 
Just like I don't see SCOTUS being able to meaningfully review the Senate's decisions in an impeachment trial; I don't see anyone being able to review Nancy's power to impeach but not refer because the House "shall have the sole Power of Impeachment."
So if I am Nancy and the Dem leadership ... I IMPEACH THAT MOFO with a specific finding that removal and a Senate trial is unnecessary and a statement that "Mitch, we'll see you at the elections, traitor."
Because I trust Dem leadership, however, if they choose a different path, I hope and trust that that is because they have better information and more thorough legal analysis. Because all that matters is that Trump is no POTUS in 2021.
Dirk out. If you dig this sort of thing, please follow. I try to post facts and thoughtful analysis and I try to stay a step or two ahead of the lying POS trolls. And Putin. And Trump.
Dirk out. If you dig this sort of thing, please follow. I try to post facts and thoughtful analysis and I try to stay a step or two ahead of the lying POS trolls. And Putin. And Trump.
Here's your answer: They have the sole power and they don't care about your quaint norms.
This is the Court of Mitch.
This is a sensible, defensible position.
@tribelaw sees the same thing I see in Schumer's letter. A test to see if McConnell will hold a fair trial, and if not, then he can hold no trial.
