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 ...
I think the witness is correct. It’s akin to indicting someone and never handing it to the judge. It’s meaningless. This is just political posturing. I see their game now.
The House knew Trump would never be convicted but wanted to slap the impeachment label on him. If the impeachment is transmitted, the Dems will have egg on their face when the trial is over.
If you think it being in Wiki has any meaning whatsoever, your opinion should be ignored. Not trying to put you down, just writing this for the awareness of other readers.
So if an impeached President is cool with the Speaker of the house, then the President cannot be removed. Sounds like an issue for the future.
Some people did something...
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.
It’s very interesting to note that the President has the authority to call a Special Session of Congress.
https://www.justice.gov/file/20711/download
As a result, President Trump should do EXACTLY that. And force the House Rats to Deliver the Articles to the Senate. If that means they cannot recess over the Christmas break - so much the better.
Being that Trump is a danger to our National Security and all, a Special Session is imperative, urgent and must be done immediately.
+.
This is looking like the Abbott and Costello sketch “slowly I turn”
“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.””
Pelosi’s best bet would be to call for censure. But since Trump did nothing wrong, that would be outright rejected by the White House.
As well as violating President Trump’s 6th Amendment Rights to a speedy trial and to confront his accusers (”witnesses”).
“Yes, Trump is impeached.”
They voted for impeachment but they haven’t done anything with it, no more than a bill voted but left on the table isn’t in the president’s hands to sign into law.
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