Posted on 12/20/2019 6:44:00 AM PST by SeekAndFind
Late last night after two articles of impeachment were passed by House Democrats, Speaker Nancy Pelosi indicated she wouldn't be sending them to the Senate for a trial anytime soon. On Thursday afternoon, House Majority Leader Steny Hoyer announced no additional votes will be taken until January 7.
Reporter: Can you guarantee that the impeachment articles will be at some point sent to the Senate? Can you guarantee that? @SpeakerPelosi: That would've been our intention, but we'll see what happens over there. pic.twitter.com/oEEtK0nDdH— Townhall.com (@townhallcom) December 19, 2019
Hoyer announces no more votes until January 7. Big cheer goes up in House chamber. This means the House won't approve a resolution on impeachment mgrs & to send impeachment pkg to Senate until at least January, 2020— Chad Pergram (@ChadPergram) December 19, 2019
But according to leftist Harvard Law Professor Noah Feldman, who testified on behalf of Democrats in front of the House Judiciary Committee earlier this month, President Trump isn't actually impeached until the Pelosi sends the articles to the other side of Capitol Hill. Feldman argues this point in a new piece for Bloomberg titled, "Trump Isn’t Impeached Until the House Tells the Senate."
According to the Constitution, impeachment is a process, not a vote
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."
The Constitution doesn’t say how fast the articles must go to the Senate. Some modest delay is not inconsistent with the Constitution, or how both chambers usually work.
But an indefinite delay would pose a serious problem. Impeachment as contemplated by the Constitution does not consist merely of the vote by the House, but of the process of sending the articles to the Senate for 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.
During the impeachment inquiry hearing held by House Judiciary Chairman Jerry Nadley, Feldman argued vehimately that President Trump should be impeached. He was also outed as a partisan who has been advocating impeachment for years.
Good to know. This was being hotly contested on a vanity thread the other evening.
So this means Nancy Pelosi is guilty of obstruction.
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.
“Nothing has arrived, so we are doing nothing.” - The Turtle
That was my take.
But Feldman doesn’t really know. It’s his opinion, and I didn’t think much of his opinion bwhen he was an impeachment witness.
I think this is uncharted territory, in the sense that this is unprecedented parliamentary mischief.
Yep, many no law degree legal scholars were certain this was wrong.
Good one!
The left does this for many important concepts.
“You have cheapened the importance of the very ugly word, impeachment.” Donald J. Trump, 12/18/2019.
Just like democrats cheapening other very ugly concepts, like rape. Or concentration camps. Or racist.
Cry wolf enough times...
Can the House ‘add’ additional accusations or alter the articles before being sent to the Senate??????......with or without another vote?????
Well, at least violating a person’s civil liberties... a speedy trial.
This may or may not be true. President Trump, under Executive Powers granted to him by the Constitution can declare an Emergency Session of Congress.
And since Rats claim Trump is a dangerous threat to our nation, then Trump really ought to hold their feet to the fire - declare such an emergency sesstion - and hold the House of Rats in session over Christmas.
RE: Can the House ‘add’ additional accusations or alter the articles before being sent to the Senate??????......with or without another vote?????
NOT without a vote,no. That would be against the constitution’s requirement that the full house vote for it.
I’d be tickled pink if this phrase is adopted by Republicans:
“Hey Nancy, Schiff or get off the pot.”
That’s exactly what this means.
They can make up phony charges that Trump is guilty of Obstruction of the House.
Well, pursuant to Senate Rules, Pelosi is guilty of Obstruction of the Senate!
http://www.freerepublic.com/focus/news/3802017/posts?page=22#22
Impeached(*)
Congress is obstructing the White House.
Just as Herr Hillary ordered them to: “#Resist!”
Of course, Democrats were saying we have to rush this impeachment for the sake of the nation, the constitution, etc.
Trump is a threat and we cannot delay.
Now, a delay is just fine.
FWIW: Ken Starr and Robert Ray said on Ingraham Angle last night that Feldman’s position is not correct legally.
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