Posted on 12/20/2019 6:07:23 AM PST by navysealdad
One of the legal scholars who testified in the impeachment proceedings believes that President Trump could argue he has not been impeached until the House sends the articles to the Senate.
Noah Feldman, a professor at Harvard Law School, published an opinion piece in Bloomberg on Thursday arguing against the House Democrats withholding the articles of impeachment, thus preventing the Senate from holding a trial. "Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a trial," he argues. "If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all."
(Excerpt) Read more at washingtonexaminer.com ...
So if the House never transmits the articles of impeachment to the senate, in effect all they’ve done is to create a “censure plus.”
This may be true, but the Left and the media control the narrative that gets to the majority of America.
Not only is he not impeached, he is INNOCENT!. It states that in the constitution: “All citizens are innocent until PROVEN guilty.
This is nonsense. There is nothing at all in the Constitution about the TRANSMISSION of the articles being an element of formal impeachment. The Constitution clearly breaks it down into two parts, a House impeachment and a Senate trial.
Yes, Trump is impeached. It’s already up in Wiki.
If the Senators called for a vote of censure, could they subpoena witnesses?
A fact so many are willing to overlook or not even acknowledge.
Look at Obamacare — it’s a tax when it needs to be a tax, and it’s not a tax when being a tax would be inconvenient.
Look at the “impeachment” — some people say President Trump is not impeached at all, because Nancy hasn’t sent it to the senate. Others say the Senate is free to act because the impeachment articles are public record already.
There are no rules. The powerful do what the powerful want and they justify it later.
FELDMAN: "The House must actually send the articles and send managers to the Senate to prosecute the impeachment.
If the House does not communicate its impeachment to the Senate, Trump could legitimately say he wasn’t impeached at all."
Job ain’t finished until the paper work is done.
I don’t give a crap what this prissy little freak says. He’s a liar, and a scumbag.
Shampeachment!
Noah Feldman, a professor at Harvard Law School, published an opinion piece in Bloomberg on Thursday arguing against the House Democrats withholding the articles of impeachment, thus preventing the Senate from holding a trial. "Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a trial," he argues. "If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all."
(Excerpt) Read more at washingtonexaminer.com ...
PS: Please check my tagline.
Just like there is nothing in the constitution that says the Senate must take it up. Both legislative branches decide what the process for each role is. You could argue that impeachment doesn’t happen until the paper work is done. That’s up to the house to decide. The whole could also change the rules such that impeachment only requires the Speaker to vote for it. The constitution is easy to destroy and manipulation if you have willing participants and they do. The Senate could change the rules to give all the power to to the Majority leader to decide whether or not to take up the trial. When the time comes I’m sure the Dems would be able to push such a change through. The constitution relied on a modicum of restraint by representatives. If that doesn’t exist bye bye Country.
“All citizens are innocent until PROVEN guilty.”
Yes, in a court of law..the left wanted to brand Trump with a scarlet “I” and they did.
Now they will pay dearly for their petty act.
Not their call to make.
Its the Senate’s call to make and its the Senate’s call as to who is an expert.
It's pitiful.
Not an expert, for all he has a degree.
The house sends articles of impeachment and then their part is entirely done.
The Senate shall detirmine who the prosecutors shall be in their own house.
Sounds right.
Also there is a theory making the rounds that now that the House has gone out of session the whole thing is null and void. Could get even more interesting.
I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately in- form the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment, agreeably to such notice.
II. When the managers of an impeachment shall be intro- duced at the bar of the Senate and shall signify that they are ready to exhibit articles of impeachment against any person, the Presiding Officer of the Senate shall direct the Sergeant at Arms to make proclamation, who shall, after making proclamation, repeat the following words, viz: ``All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against ------ ------''; after which the articles shall be exhibited, and then the Presiding Officer of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives.
III. Upon such articles being presented to the Senate, the Senate shall, at 1 o'clock afternoon of the day (Sunday excepted) following such presentation, or sooner if ordered by the Senate, proceed to the consideration of such articles and shall continue in session from day to day (Sundays excepted) after the trial shall commence (unless otherwise ordered by the Senate) until final judgment shall be rendered, and so much longer as may, in its judgment, be needful. Before proceeding to the consideration of the articles of impeachment, the Presiding Officer shall administer the oath hereinafter provided to the members of the Senate then present and to the other members of the Senate as they shall appear, whose duty it shall be to take the same.
People who aren't boneheads understand that a case starts when somebody brings it before the tribunal. The tribunal isn't responsible to bring cases to itself.
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