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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 TrumpIran's leader vows 'revenge,' posting an image resembling Trump Former Sanders spokesperson: Biden 'backing away' from 'populist offerings' Justice Dept. to probe sudden departure of US attorney in Atlanta after Trump criticism MORE before the House sends them over.

Sen. Josh HawleyJoshua (Josh) David HawleySenate approves waiver for Biden's Pentagon nominee For Biden, a Senate trial could aid bipartisanship around COVID relief Senate Democrats file ethics complaint against Hawley, Cruz over Capitol attack 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 PelosiOvernight Health Care: Biden unveils virus plan and urges patience | Fauci says it's 'liberating' working under Biden | House to move quickly on COVID-19 relief Overnight Defense: House approves waiver for Biden's Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 On The Money: Pelosi says House will move immediately on COVID-19 relief | Biden faces backlash over debt | 900,000 more Americans file for unemployment benefits 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 BraunMcConnell proposes postponing impeachment trial until February The Hill's Morning Report - Biden takes office, calls for end to 'uncivil war' Senate confirms Biden's intel chief, giving him first Cabinet official MORE (Ind.), Marsha BlackburnMarsha BlackburnThe Hill's Morning Report - Biden takes office, calls for end to 'uncivil war' Senate confirms Biden's intel chief, giving him first Cabinet official Colbert asks Republicans 'have you had enough?' in live show after Capitol violence MORE (Tenn.), Ted CruzRafael (Ted) Edward CruzFor Biden, a Senate trial could aid bipartisanship around COVID relief Senate Democrats file ethics complaint against Hawley, Cruz over Capitol attack Poll: Majority of voters support bipartisan commission to probe potential irregularities in the 2020 election MORE (Texas), Steve DainesSteven (Steve) David DainesOVERNIGHT ENERGY: Biden's Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Group of GOP senators seeks to block Biden moves on Paris, Keystone Biden recommits US to Paris climate accord MORE (Mont.), John BarrassoJohn Anthony BarrassoOVERNIGHT ENERGY: Biden's Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Group of GOP senators seeks to block Biden moves on Paris, Keystone GOP senators praise Biden's inauguration speech MORE (Wyo.), Tom CottonTom Bryant CottonSenate approves waiver for Biden's Pentagon nominee House approves waiver for Biden's Pentagon nominee Senate panel advances Biden Pentagon nominee MORE (Ark.), Joni ErnstJoni Kay ErnstThe Hill's Morning Report - Biden takes office, calls for end to 'uncivil war' Senate confirms Biden's intel chief, giving him first Cabinet official Democrats torn on impeachment trial timing MORE (Iowa), David Perdue (Ga.) and James InhofeJames (Jim) Mountain InhofeJustice Dept. closes insider trading case against Burr without charges Biden pick for Pentagon cruises through confirmation hearing McConnell about to school Trump on political power for the last time 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 GrahamTrump selects South Carolina lawyer for impeachment trial Democrats formally elect Harrison as new DNC chair McConnell proposes postponing impeachment trial until February 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.”