Thread by @sltax

Lindsey Graham sent a letter to Schumer requesting that the impeachment proceedings be dismissed. Now the letter contained the usual Graham bullshit

(e.g., saying "Those who were complicit in this attack will be held accountable" while, in essence, urging that Trump escape accountability),

but there was one portion of the letter that opened a possibility that Graham certainly did not intend. Specifically, he asked that the Senate vote to dismiss the article of impeachment even before a trial.

Now, in federal court there is what is known as a Rule 12(b)(6) Motion to Dismiss. In essence, such a motion assumes the truth of all of the allegations made in a complaint, but seeks dismissal because, even if all of the allegations are true,

the complaint fails to set forth a claim upon relief can be granted. There is much to recommend a vote to dismiss the article on impeachment via a quasi 12(b)(6) motion.

First, the motion could be denied via a majority vote. Thus, the Democratic majority could deny the motion without any Republican votes.

Moreover, there would likely be a good number of Republican votes to deny since a vote on that motion would not involve any complicated weighing whether the actual facts support impeachment. That is, only the facts alleged in the articles of impeachment would be considered.

So, Senator Graham, be careful. You may get a part of what you ask for.

I have posted the letter here: slnews.us/pbgl011721a