Sen. Josh Hawley, R-Mo., said Monday that he will introduce a motion to dismiss the articles of impeachment against President Donald Trump if the House doesn't send them to the Senate.
Although the House voted to approve two articles of impeachment, one for abuse of power and one for obstruction of Congress, House Speaker Nancy Pelosi, D-Calif., has yet to send them to the Senate so the trial can begin.
"Nancy Pelosi is attempting to obstruct a Senate trial. That's all there is to it," Hawley, a member of the Senate Judiciary Committee, told Fox News' Steve Doocy Monday morning.
"The Constitution says that the Senate is the one that will have the trial. It says the trial will follow the impeachment," he said. "Now she's trying to prevent us in a trial. She's trying to obstruct it, she's trying to upend the Constitution."
Hawley added, "So here's what I think needs to happen. We need to change the Senate rules to allow the Senate to dismiss this case if she refuses to send the articles over."
The senator went on to say, "In a normal courtroom, in a real world, if the prosecutor does not try his or her case, if they don't actually bring it forward to the court, then the defendant can say, 'Alright, well then we're dismissing the case.' The court can say, 'We're dismissing the case.'
"And, in this instance, the Senate is the court and it's time for us to take action to say, 'If you are not going to prosecute your case, we're throwing it out.'"