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GOP senators introduce resolution to change rules, dismiss impeachment without articles

Roughly a dozen GOP senators want to change the Senate’s rules and allow for lawmakers to dismiss articles of impeachment against President TrumpDonald TrumpMaria Bartiromo defends reporting: 'Keep trashing me, I'll keep telling the truth' The Memo: The center strikes back Republicans eye Nashville crack-up to gain House seat MORE before the House sends them over.

Sen. Josh HawleyJoshua (Josh) David HawleyGOP divided over bills targeting tech giants Pence heckled with calls of 'traitor' at conservative conference Five takeaways on the Supreme Court's Obamacare decision MORE (R-Mo.) introduced the resolution on Monday, arguing the Senate's impeachment rules do not envision a scenario where the House would delay transmitting articles against a president, as Speaker Nancy PelosiNancy PelosiMaria Bartiromo defends reporting: 'Keep trashing me, I'll keep telling the truth' Democratic clamor grows for select committee on Jan. 6 attack GOP increasingly balks at calling Jan. 6 an insurrection MORE (D-Calif.) has done. 

"The Constitution gives the Senate sole power to adjudicate articles of impeachment, not the House. If Speaker Pelosi is afraid to try her case, the articles should be dismissed for failure to prosecute and Congress should get back to doing the people’s business," Hawley said in a statement.
 
The resolution would give the House 25 days to send articles of impeachment over to the Senate. After that, a senator could offer a motion to dismiss "with prejudice for failure by the House of Representatives to prosecute such articles" with a simple majority vote, according to Hawley's proposal.
 
The resolution comes as some Senate Republicans have mulled changing the chamber's rules to allow them to dismiss the impeachment charges against Trump, even though the articles have not been sent over from the House.
 
Hawley's resolution has support from GOP Sens. Rick Scott (Fla.), Mike BraunMichael BraunIU parents protest school's vaccine mandates Rick Scott introduces bill banning 'vaccine passports' for domestic flights Braun-McConnell bill would protect Americans from IRS surveillance MORE (Ind.), Marsha BlackburnMarsha BlackburnGOP senator introduces constitutional amendment to ban flag burning Fauci on Blackburn video: 'No idea what she is talking about' Pentagon report clears use of drones made by top Chinese manufacturer MORE (Tenn.), Ted CruzRafael (Ted) Edward CruzWhite House denies pausing military aid package to Ukraine Ted Cruz says critical race theory is as racist as 'Klansmen in white sheets' Pentagon pulling 'certain forces and capabilities,' including air defenses, from Middle East MORE (Texas), Steve DainesSteven (Steve) David DainesGOP senator introduces constitutional amendment to ban flag burning Company officially nixes Keystone XL pipeline OVERNIGHT ENERGY: Biden ends infrastructure talks with key Republican | Colonial Pipeline CEO grilled over ransomware attack | Texas gov signs bills to improve power grid after winter storm MORE (Mont.), John BarrassoJohn Anthony BarrassoDemocrats facing tough reelections back bipartisan infrastructure deal Judge halts Biden pause on new public lands oil leasing GOP senator: I want to make Biden a 'one-half-term president' MORE (Wyo.), Tom CottonTom Bryant CottonJon Stewart shows late-night conformity cabal how political comedy is done The Hill's Morning Report - After high-stakes Biden-Putin summit, what now? Court fines baker 0 for refusing to make gender transition cake MORE (Ark.), Joni ErnstJoni Kay ErnstOvernight Defense: Pentagon details military construction projects getting .2B restored from wall funds | Biden chooses former commander to lead Navy | Bill seeks to boost visa program for Afghans who helped US Meghan McCain: Harris 'sounded like a moron' discussing immigration Senate bill would add visas, remove hurdles to program for Afghans who helped US MORE (Iowa), David Perdue (Ga.) and James InhofeJames (Jim) Mountain InhofeOvernight Defense: Biden participates in NATO summit | White House backs 2002 AUMF repeal | Top general says no plans for airstrikes to help Afghan forces after withdrawal Top Republican proposes leaving 1,000 US troops in Afghanistan into next year The Hill's Morning Report - Presented by Citizens' Climate Lobby - Biden floats infrastructure, tax concessions to GOP MORE (Okla.).
 
"Speaker Pelosi and House Democrats have made a mockery of our Constitution and abused impeachment for political gain. Now, they’re undermining the role of the Senate by attempting to dictate the terms of the Senate’s trial," Cruz said in a statement.
 
Perdue added that "if the House refuses to send over the articles, the Senate should have the ability to dismiss and move on to finding real solutions for the American people.”
 
Talk of the Senate either trying to start Trump's trial without the articles, or dismiss them before they have formally been sent across the Capitol, has bounced across Washington as lawmakers have waited for Pelosi to reveal her next move.
 
The House Speaker has not tipped her hand on when she will send the articles, saying last month that she wanted more details on the rules for the trial. Democrats expect she will eventually send the articles, potentially as soon as this week.

Sen. Lindsey GrahamLindsey Olin GrahamBiden to host Afghan president at White House on Friday Portman: Republicans are 'absolutely' committed to bipartisan infrastructure bill Sunday shows - Voting rights, infrastructure in the spotlight MORE (R-S.C.) said over the weekend that he would try to work with McConnell “to change the rules of the Senate to start the trial without her, if necessary.”

But McConnell and his staff have repeatedly shot down talk of starting the trial before the articles are sent to the Senate.

“We can’t hold a trial without the articles. The Senate’s own rules don’t provide for that. So, for now, we are content to continue the ordinary business of the Senate,” McConnell said on Friday.

Asked last week how realistic the idea was that the Senate could start a trial without the articles, a spokesman for McConnell replied: “Zero percent.”