Posted on 12/26/2019 7:42:27 PM PST by SeekAndFind
George Washington University Law professor Jonathan Turley, a Democrat who was called by Republicans as a witness during the House impeachment proceedings, on Thursday wrote that President Donald Trump's claim he was not impeached is false.
His assertion comes from House Speaker Nancy Pelosi's decision to delay sending the two articles of impeachment to the Senate until the rules for the impeachment trial in the upper chamber are made clear.
"Trump's suggestion that he remains unimpeached appears based on a theory recently floated by Harvard Law School's Noah Feldman, in a commentary for Bloomberg headlined 'Trump Isn't Impeached Until the House Tells the Senate,'" Turley writes in an opinion piece for The Washington Post. "But while this theory may provide tweet-ready fodder for the president to defend himself and taunt his political adversaries, it's difficult to sustain on the text or history or logic of the Constitution."
Feldman wrote in Bloomberg last week the impeachment might not be legitimate because of Pelosi's move.
"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 he wasn't truly impeached at all," Feldman wrote for Bloomberg.
But Turley said that did not matter.
"Congressional Democrats' current posture may be too cute by half, and is perhaps politically ill-advised, but any argument that they've entered a legal limbo by stalling the delivery of articles to the Senate falls flat," he said.
(Excerpt) Read more at newsmax.com ...
I’m currently contending the Senate _has_ been “informed” of the impeachment vote, precisely because it was recorded in the Congressional Record.
Surely there is a normal process for a judge receiving an indictment to prosecute, where the prosecutor fails to show up. I expect the same here: a trial must be scheduled, and if the prosecutor (House) fails to show up (to wit: provide Managers) then the case is dismissed by default (likely with prejudice).
Exactly right. Noah Feldman, HLS, TDS is touting this theory to trick McConnell into not immediately scheduling a trial which will result in dismissal or acquittal, which is the last thing the Democrats want.
Feldman has ZERO, ZILCH, NADA history or law on his side.
Dueling Idiots.
RE: Dueling Idiots.
I have to disagree here. Turley and Feldman can’t BOTH be right on this. The one who is wrong is the idiot.
Schrödinger's Cat Impeachment: As Nancy refuses to hand over impeachment to the Senate, Trump might be both Impeached and Not Impeached at the same time.
Seinfeld Impeachment: An impeachment about NOTHING.
The ObamaCare Impeachment: The House passes the Articles of Impeachment first then they figure out what they did doesn't work and hands them off to Chief Justice Roberts to fix, at trial, in the Senate.
The Rorschach Test Impeachment: Throw ink against the hearing room wall and interpret it in any way you want. It can be treason to some, bribe to others, and a perfectly legal exercise of the Separation of Powers to others.
The 6th Sense Impeachment: Where the audience (the American people) finds out at the end, the Articles of Impeachment were dead the whole time.
The Wizard of Oz Impeachment: Nancy threatens impeachment of Trump (.....and his little dog, too!) for killing Witch Hillary in the 2016 election. Nancy sends out her flying monkeys, led by Schiff and Nadler, to do her dirty work. In the end, Nancy get doused with water in the next election and melts down.
The Einstein Insanity Impeachment: Doing the same thing over and over again and expecting different results.
The Susan Rice Impeachment: Impeached because of an obscure YouTube video. Based on repetitive themes, it may become a remake of "Ground Hog Day".
The Caveman Impeachment: Representative Al Green "I'm concerned that if we don't impeach this president, he will get reelected...." Impeachment so easy, a caveman can do it.
The Flaming Bags of Dog Poop Impeachment: Nancy sets fire to a flaming bag of dog poop at the front door of the Senate, but delays ringing the doorbell. This buys time for Schiff and Nadler to put together a second bag of flaming dog poop. Nancy sets up the second bag of dog poop at the back door of the Senate. Sooner or later, Nancy rings the front doorbell. Mitch stamps out the fire at the front door. Then Nancy rings the doorbell at the Senate's back door, forcing Mitch to track dog poop throughout the Senate. Mitch stamps out the second flaming bag of dog poop, getting his shoes even dirtier. (This seems to be the most accurate predicted plan for Impeachment.)
Duelers draw and fire. Nothing says there’s a winner. Both must fire. They’ve drawn, we await the fire.
It’s a disgrace what these fools have done with this government and its system.
This farce is not aging well. If the Murder Turtle stands his ground (and I believe he will), Nancy will look like a bigger fool by the day.
Here is the question: If the articles are not passed to the Senate by, say, 1 February, then will the Libtard Left mutiny?
Question for the crowd: Should the Senate GOP go for dismissal if Nancy's punks fail to pass on the articles after a couple of more weeks--or should the Senate just continue to ignore the articles?
My vote is to take the latter strategy.
An indictment is quashed as a matter of law if a trial isn’t held.
The same is true with impeachment. It means nothing without a trial.
Jonathan Turley is correct the President is impeached once a trial is scheduled.
If Democrats refuse, impeachment is vacated just like a criminal indictment is dismissed if no trial is commenced.
I agree. If he House brings the charges, DJT is impeached/charged/indicted. If they don’t convey the articles to the senate in front of the Chief Justice, to me it never happened. I don’t at this point think anyone cares but the rat bastards in DC. There’s a big ugly dog laying out in fly over country. Keep poking it with a stick. It won’t be pretty.
#11. How about, if a subpoena is issued by the court but NOT SERVED, is it invalid? Any comments.
Similar analogy to my way of thinking.
Another example from my real life. I worked on an Organized Crime (RICO) Task Force out of the So. District, NY under the great Mary Jo White. Attorney Gen. Janet Reno quashed the over 200 count indictments for assets seizures and appointed a nobody lawyer to oversee the cleaning up of the Mob-controlled LIUNA (Laborers International Union of No. America) Union, led by the convicted/jailed Arthur Coia Sr, and then his mob-friendly son, Arthur Coia, Jr.
Seems that LIUNA gave the Clintons and Democrats about $3 MILLION dollars in various donations (and got $30+ Million dollars in labor training grants) under the corrupt Clinton/Reno administration.
For startling and shocking details, find the article in “The American Spectator”, Byron York, April 1997, “Let’s Be Friends: A Mob-Controlled Union Delivers the Goods for Bill”.
A lot of undercover agents risked their lives to nail the Gottis, Gambino Family, Gigante mob, etc. yet Clinton and Reno wiped out years of work in one second.
I’m proud of the work my team did on this case, but ashamed of the corruption of the Clintons and Reno who never got punished for this criminal treason.
President Trump was frivolously impeached by an organized crime family of House democrats who are wasting precious national assets in a determined effort to stay out of prison.
Wow!
Thank you for posting this. It is frightening to read a first-hand account of an encounter with the corruption the Clintons were/are engaged in!
Bump
What us dumb Americans understand:
Articles being “Transmitted” is not required to be officially impeached (he was), or acquitted by the Senate (he should be, easily).
Just acquit, Mitch. End this elitist Beltway idiotic topic today.
(he was)
Not according to House rules, he wasn’t.
“The one who is wrong is the idiot.”
It seems to me that we are in a constitutional ditch on this one. Both parties are so used to gaming the system that they’ve jointly pushed the United States off the road.
That said, the “Bell has been Rung” politically-speaking so I have to side with Turley — The president is impeached. It seems to me that the ball is in McConnell’s court. Eventually some external factor — say slipping poll numbers — may force him to hold a pre-emptive vote to dismiss. I think that is going to happen.
Both sides will come away with something for their followers: Trump will be able to say he was innocent and the whole process was illegitimate. We will applaud that. The Democrats will say “we tried” and find another shinny object to keep their followers entranced. Either way, this is not over.
Also the heisenberg impeachment......the more certain you are that impeachment occurred the less likely that trump will be removed
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