the senate writes it own rules not under the approval of the speaker of the house or the majority of house. ainsley: they could take it up without nancy sending it over? i don t know. it s never happened. the president is entitled to a trial seek ex-son-in-lawner ration. a lindsey graham suggestion where mr. chief justice we move to dismiss the charges and the chief justice will decide whether or not to dismiss or could be a full blown trial. but he is entitled to that forum in which to defend himself. if these articles just sit on the speaker s desk and go nowhere, that would be a profound and grave injustice to the president. steve: you ar. pete: you are talking about something that s never happened before. something else that never happened. house democrats only impeaching the president of the united states. liz cheney was on the floor and quoted one of our founders on why this is dangerous. listen. that is why in federalist 65, alexander hamilton wrote, quote: there will alwa
abuse of power and article 2. obstruction of congress. our oath of office requires us to impeach a president that abuses his power. this abuse of power also jeopardizes the integrity of our election. and he obstructed the investigation. he obstructed congress every step of the way. steve: you heard a lot of that yesterday. here with reaction fox news senior judicial analyst and host of liberty file on fox nation judge andrew napolitano. judge, the democrats set a low standard for impeaching a president yesterday. you know i have been arguing there is a legal basis for impeachment because it s really a political judgment on the part of the members ever the congress. now i want to argue that the house has a moral and constitutional obligation to send those articles of impeachment to the senate. steve: nancy pelosi said she wouldn t send it over unless a fair trial.
and hold him accountable. she did it yesterday. stands right there after the trial, ultimately. but then when she is able to go back to her caucus and say, look, you can go out there and say we ran on this. we told you we would do it. we did it. we also did and later today they are going to vote on usmca. so, in other words, he is the world s worst person, donald trump is. so we impeached him. but, at the same time, he is somebody we can work with. ainsley: what s next. after it does go to the senate, what s next? pete: as far as the house is concerned? steve: is he reelected. ainsley: try to make sure he is reelected. pete: that s right. it s the feeling like it never ends. ainsley: exactly. what are they going to do him next? what s going to happen next week. what s going to happen in january and february and what are they going to accuse him of then. try to impeach him again. it never stops. pete: exactly right. steve: that s why the president put out this meme, did you see this? it
along partisan lines. i m concerned about it being trivialized and used as a political tool. steve: is he talking about impeachment right there. the attorney general bill barr back against democrats push for impeachment cautioning against using it as a political tool. our next guest warned this will weaken the constitution as we know it. here to explain department of justice spokesman ian prior joins us from d.c. good morning to you. good morning. steve: how about the suggestion in griff jenkins report at the top of the hour that nancy pelosi is floating this idea that has been she doesn t send the articles of impeachment to the senate because then they can t have a trial because she feels like it might not be fair? yeah. it s absolutely ridiculous. and this further backs up the point that attorney general barr made which is that democrats have taken the power of the constitution and the power of congress that impeachment power, which is supposed to be break glass in case of emerg
danger that impeachment the impeachment decision will be regulated more by the comparative strengths of parties than by real demonstrations of innocence or guilt. pete: judge, how dangerous is it? the precedent has been set. it would be dangerous to remove him from office without a substantial and broad national consensus to do so. we all know that that cob census does not exist. at best 5050. probably slightly favoring him now. i haven t seen any polls this morning. steve: is that why it takes a super majority in the senate to get rid of somebody. yes. and of course we know that has never happened. the clinton trial wasn t a real trial. senator graham, then congressman graham was one of the house prosecutors. and they basically read for the senators transcripts of the testimony from the house judiciary committee. so it could be that. it could be a trial with people testifying. the president of the united states could testify. or could be this, mr. chief