Correct. I posted extensively about that last week, including citations of several earlier examples.
It’s Monday morning but today is our Dr. Martin Luther King, Jr., holiday so I’m not expecting Nancy to release anything today. Incidentally, Dr. King was a Republican.
Senator Harris will resign her seat today, paving the way for Mr. Padilla to be appointed officially by Governor Newsom and take the Senatorial reins in a timely manner. I do not foresee a timing issue here. All should go smoothly.
Of much more interest I found this in today’s WaPo:
Georgia election officials expect to certify the Ossoff and Warnock results by end-of-day on Wednesday, the day of Biden’s inauguration. Ossoff and Warnock then must bring their certification papers to Washington to be sworn in. Such swearings-in often occur the day after state certification.
Now that is good reporting! It tells us the Turtle (McConnell) will still be in control of the Senate on inauguration day. But Senator Schumer will be running things there the very next day. At that point it will become safe for Nancy to send over her article of impeachment with assurance it will not be placed into Republican hands. But here is the rub:
Does an impeachment at some point become moot? Can you impeach and try a private citizen? Will Chief Justice Roberts even agree to oversee a trial which would otherwise ensue from such impeachment? Could the trial go forward absent Roberts?
If Nancy does not send over that article of impeachment prior to noon Wednesday, those are the sorts of challenges she faces. But if she does, the article will be subject to Republican control, albeit briefly. Still, the Turtle could simply dismiss the matter one day before Schumer could grab the reins.
If you see no issue with impeachment and trial of a private citizen, could Congress impeach and try Barack Obama or George W. Bush or Bill Clinton? Because once Biden takes over at noon Wednesday, Trump will be sharing the exact same legal status as those three former Presidents. Heck, by that standard Congress could impeach and try Jimmy Carter!! He remains alive, you know.
Now if Nancy instead sends over her article while Trump remains in office, a Senate trial could perhaps proceed as the legal extension of, what was at its inception, a Constitutional process. But if she waits until Democrats control the Senate, well, is it really OK for the Senate to try a private citizen? Could Trump even use that as a defense?
Guys, this is gonna be REALLY interesting. History will be made later this week.