Question for Lawyers

[Chris]

Don’t think they can add it without hearings. Otherwise you could get something passed and keep adding anything you want for any reason. Making it go on and on.

They have set that precedent at least.

[EvilCat Breath]

Complaints and responses can be amended to cure or conform. Or, dismiss everything and file the correct complaint. The additional article of impeachment would have to be formally presented and then a motion for joinder would be made to join all articles.

[carolina73]

In NJ pro se counsel's complaints will often see a judge looking to the 'four corners' of the complaint to glean potential causes of action such that pro se counsel does not waive them.

In cases where a party is represented by counsel, counsel will typically file a 'Motion to Amend the Complaint' which is not unusual when discovery reveals the addition of additional causes of action.



They're just making $#@! up now, so with respect to impeachment, its not like its covered by any kind of binding civil procedure. I mean, they can try to do it, I suppose and then see what happens. Frankly if they can't I don't really see what would prevent them from just filing additional articles of impeachment.

Wouldn't the House have to hear and vote again on any new charges for impeachment?

[Captdon]

Don’t think they can add it without hearings. Otherwise you could get something passed and keep adding anything you want for any reason. Making it go on and on.

It wouldn't matter in any case. This is a done deal. No removal. If the House were stupid enough to try this again, the Senate may well refuse to accept the Articles. Sending them to the Senate for trial is not the same as the Senate taking them. The Senate might well refuse to accept them. The Constitution doesn't actually say the Senate has to do anything.

It won't happen because the public wouldn't tolerate it.

[Captdon]

Wouldn't the House have to hear and vote again on any new charges for impeachment?

They would have to vote to do it if theywere allowed to. I don't believe the Republicans would accept any changes. If the House tries it, I think there would be an immediate vote to refuse the amended articles.

Bear in mind, there are no actual rules for impeachment or trial. The House can define Impeachment to mean whatever they want. The Senate could vote to dismiss with no actual trial, if they chose to.