Im not worked up. I find the discussion interesting is all.
I have no idea if the Senate can vote on something passed in the house before its sent to them. Its a very nuianced argument over semantics and it ties into if Trump is impeached yet or not.
What this is was a floor rule. There is nothing that says that the floor rule shouldn't be changed in fact i started a thread on this very subject a while ago.
As i said earlier, it was a clever of Graham to make this argument. Ultimately if they pursue it and the Democrats challenge it, a court will need to intervene.
the courts will not get involved in a political process. which is what this is.
Imo, if Trump is officially impeached then its now up to the Senate what comes next. If he isnt offically impeached, the house csn continue to delay it until they next congress is sworn in. That would raise a new question if it goes on that long. I think it would require a new vote at that point.
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If Mcconnell changes the rules it would go something like this.
the senate will give the house 1 week to deliver the articles. if by the end of the week the articles and impeachment managers are not delivered we will proceed
to trial without prosecution.
This will give pelosi a chance to play ball. now if she still does not move on this the senate can hold the trial without prosecution.
which would default to a trump acquittal since there is no one to present evidence against him similar to a real trial.
it actually gets worse from there for democrats.
Maybe President Trump has not been impeached after all, or at least not yet.
Impeachment happens, according to Noah Feldman, a Harvard law professor, only when the House transmits the articles of impeachment to the Senate.
So “technically speaking,” he said, “the president still hasn’t been impeached.”
Trump Impeachment Delay Could Be Serious Problem for Democrats - Bloomberg
Impeachment as contemplated by the Constitution does not consist merely of the vote by the House, but of the process of sending the articles to the Senate for trial. Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a trial.
If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all.
So basically without the articles of impeachment there and the senate trial beginning without them trump is clear and is actually not impeached.