Confusion To Your Enemies

News from Graham: Graham enraged Pelosi would hold back articles of impeachment, saying it’s not her job to dictate the Senate trial. Trump called him this morning to asked what in the world was going on up on the hill. Graham told Trump he didn’t know.

— Lauren Fox (@FoxReports) December 19, 2019

I should know better by now than to question the wisdom of Nancy Pelosi.

“The Senate shall set the time and place of the trial.” If the Do Nothing Democrats decide, in their great wisdom, not to show up, they would lose by Default!

— Donald J. Trump (@realDonaldTrump) December 19, 2019

Yeah, this is not a trial in civil court.  No judge has set a trial date, no petition has been served, there is no default for failure to answer, here.  The trial can't even start in the Senate until the House presents the Articles, and how long they take to do that is entirely up to the House.

McConnell is saying the Constitution states that Articles of Impeachment must be referred to the Senate IMMEDIATELY? This, from a man who held up a SCOTUS nomination for a year and refuses to allow 400 pieces of legislation to be debated. Hypocrisy, thine name is Mitch McConnell.

— Glenn Kirschner (@glennkirschner2) December 19, 2019

No, that's not what the Constitution says:

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.  Art. I, sec. 2

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.  Art. I, sec. 3.

Nothing in there about immediate transmission of articles of impeachment to the Senate.  In fact, the House has "sole power" over impeachment, so it can do as it likes with it.  And the Senate alone can try an impeachment, but only when the House delivers one.  At least by the plain language of the Constitution.  If there's any court rulings on this issue, Mitch isn't citing them, either.

(And no, I have no idea what Trump is quoting; neither does he, for that matter.)