While Nancy Pelosi threatens to withhold articles of impeachment passed Wednesday night by the House, Harvard Law Professor Noah Feldman says that President Trump isn’t technically impeached until the House actually transmits the articles to the Senate.
Feldman, who testified in front of the House Judiciary Committee’s impeachment proceedings earlier this month, argues in a Bloomberg Op-Ed that the framers’ definition of impeachment “assumed that impeachment was a process, not just a House vote,” and that “Strictly speaking, “impeachment” occurred – and occurs — when the articles of impeachment are presented to the Senate for trial. And at that point, the Senate is obliged by the Constitution to hold a trial.”
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.
That’s because “impeachment” under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached.
As for the headlines we saw after the House vote saying, “TRUMP IMPEACHED,” those are a media shorthand, not a technically correct legal statement. So far, the House has voted to impeach (future tense) Trump. He isn’t impeached (past tense) until the articles go to the Senate and the House members deliver the message. -Noah Feldman
Pelosi, meanwhile, won’t transmit the articles until the Senate holds what she considers a “fair” trial.
Roughly modeled after England’s impeachment procedures, the framers in Article I of the constitution gave the House “the sole power of impeachment,” while giving the Senate “the sole power to try all impeachments.”
Article II outlines says the president “shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high Crimes and Misdemeanors.”
There’s more:
But we can say with some confidence that only the Senate is empowered to judge the fairness of its own trial – that’s what the “sole power to try all impeachments” means.
If the House votes to “impeach” but doesn’t send the articles to the Senate or send impeachment managers there to carry its message, it hasn’t directly violated the text of the Constitution. But the House would be acting against the implicit logic of the Constitution’s description of impeachment.
A president who has been genuinely impeached must constitutionally have the opportunity to defend himself before the Senate. That’s built into the constitutional logic of impeachment, which demands a trial before removal.
To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there. That’s what the “sole power to impeach” means.
In closing, Feldman says “if the House never sends the articles, then Trump could say with strong justification that he was never actually impeached,” adding “And that’s probably not the message Congressional Democrats are hoping to send.”
via zerohedge
” But the House would be acting against the implicit logic of the Constitution’s description of impeachment.”
lol, House Democrats logical? Well this is typical as it’s a Fake impeachment, or as the President stated “Impeachment Lite”.
So Nancy, where the “clear and present danger”? And were are your House Democrats? Left Washington DC yesterday to go and celebrate the Christmas Holiday and New Year.
As a Trump Supporter, you and your ilk fleeing Washington DC, with your tails between your legs. lol. Because IF this impeachment was a REAL DEAL, you would have had a “spring your step” walking it over to the Senate. Watching you babble yesterday proves this was all a charade.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/clips/2019/12/20/gaetz-democrats-trying-cut-run-impeachment-failure/
Watched the Ingraham Angle last night. So sorry missed Rep. Gaetz’s firey speech but did see how hard he fought to get the facts out during the Schiff/Nadler impeachment sham show.
Spot on Rep. Gaetz! Thank you!
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/politics/2019/12/19/billy-graham-founded-christianity-today-calls-for-removal-of-trump-from-office/
Gee, I think I heard a clip yesterday from the Democratic debate where Buttigeg, who is gay could go in and win in the Pence’s state. Now this comes out?
Gee a Christian faith based going with Progressives who don’t care about family values, rips babies out of wombs and calls it Women’s Health, allowed illegal aliens to take up resources for American citizens who now may they have mental health problems or drug problems are on the street homeless. I guess Pelosi and her prayers swayed those so-called Christian values? So lying, cheating and stealing with a SMILE and a PRAY is the way to go?
Wow, thought the Catholic Church lost its way from the TRUE message, but I guess it’s a GLOBAL religion decision.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/politics/2019/12/20/nancy-pelosi-invites-trump-to-deliver-state-of-the-union-address-on-february-4/
“In their great wisdom, our Founders crafted a Constitution based on a system of separation of powers: three co-equal branches acting as checks on each other. To ensure that balance of powers, the Constitution calls for the president to ‘from time to time give to the Congress Information of the State of the Union”
I guess someone finally REALLY read the Constitution, lol. Can’t wait for this State of the Union speech!
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
You love everyone who rushes to kiss Frump’s orange ass. Have you ever tried “balanced” reporting, or are you stuck “praising” every “conservative” piece of dribble?
Lawrie obviously another brainless liberal. You talk about balanced. What do you see as balanced when it comes to the corrupt and brain dead liberals. Rather than looking at facts they just pull shit out of there ass and call it good
Lawrie, excuse me, but how do YOU know the color of our President’s backside? Is there something you would like to share with the rest of us?
The vodka pickled Wicked Witch of the West has no chance of being Speaker after the election in 2020. Trump will be on the ticket. He will campaign for those candidates who will work with him.
Allen Morgan, a House of Reps without senile Peelosi’s face in front of us would be wonderful. Too bad those in her district won’t vote her out completely, but I think they are as Liberal as her.
https://www.breitbart.com/clips/2019/12/19/schumer-pelosi-withholding-impeachment-articles-is-a-win-win-for-democrats/
You make me laugh Chuckie.
“Second, she said I don’t want to send it over to just have a sham trial,”
Gee that was what the House Democrats did, but hey don’t want to burst your bubble. lol.
“Nancy and I will talk constantly over the Christmas Holiday, and we’ll see how it goes. But I think not jumping in and giving them the impeachment articles right away as they are not ready to do the fair trial we want but a sham. And let’s say we don’t win the Republicans over, I’m very hopeful, optimistic, expect we will win some of them over. But if we don’t, we will show that this trial and the no vote on impeaching Trump, on throwing him out of office is really not based on any fact, not based on any evidence, is a sham.”
Sorry Chuckie, We the People already see it as a House Democratic sham. So keep talking to Nancy. Gee the more you talk and stall, the more it shows We the People what Democratic politics are all about. Wasting taxpayer money, and definitely trying to take the voice and will away from We the People. Just like Warren said last night, Billionaires should not tell the People who should be President. And I know a lot of Democratic politicians who made LOTS of money off our tax dollars and now are trying to tell us that our voice and vote don’t matter.
I see a win-win. I see a win-win in November 2020, for Donald J. Trump, take back the House by the Republicans making them the Majority and keeping the Senate.
But you keep dreaming. lol. Have Nancy ask Santa for a gavel because she’s going to loose the real one REAL soon.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
As soon as I heard about Nancy’s delay in sending the articles my question became “Is there a time limit attached to submitting them?!” I presume the president like every other American is entitled to a speedy trial, so what constitutes a failure of permitting him that right? Can she hold the articles indefinitely and submit them only after a possible shift in power in the Senate? The president has shown great resolve so far but I can imagine what his stress level could be after he is re-elected if there are still articles of impeachment looming in the rafters that can be slapped down without notice which in turn would leave little time for his defense to reconvene and plan a strategy to fight the case! I believe such a scenario would definitely constitute his filing of a “hostile workplace!” case against the house! I know in his position that is the way I would feel!
Stand strong Mr President and may God bless against these forces of evil! 🇺🇸
Here’s a different “read” on Pelosi’s “Texas Hold ’em.”
Just like USMCA (USA looses its Sovereignty) Pelosi’s “nutty far left” want an “American Union,” now on the cusp of being ratified! Pelosi’s Impeachment Derangement was a “gimme” to her extremely “far Left Base.” Here’s what’s unfolding with Pelosi’s last minute gambit - failing to transmit Impeachment votes to US Senate. Pelosi didn’t want these results (as polls have shown). She calculated (in 2018) exactly these results…total debacle. She tried “threading the needle” between stupidly “Far Left AOC’ers” and “moderates.” AOC’ers would have none of this. So Pelosi orchestrated failure with two incompetents (guaranteed to fail) - Nadler et Schiff. End result? Pelosi placates AOC’ers, keeps Impeachment vote under wraps until February or March 2020…allows Senate to organize for a “Jury Trial” while Barr Reporting et al begin unfolding before the public. Barr Report is key to Pelosi’s calculus. Impeachment Vote will go by way of the “Do-Do Bird.” This is what is unfolding over Xmas Break. Yes, a waste of precious time, money and not solving America’s problems…but as 11/19/2019, Thursday DNC debates showed, on full display, DNC couldn’t give a “hoot in hell” for “We The America (Patriot) People.” Pray. Amen. God Bless America. Read A Bible. NKJV Psalm 128.
They are afraid to send the articles over they know it’s a total sham they are holding out for there side to have fair representation where was the republicans fair representation during the houses part. They will or should get the same privileges that were afforded the republicans NONE. Merry Christmas dems thanks for giving us the Republicans a great Christmas present Trumps 2020 re-election
I AGREE, PURPLE DOG! the other thing that the rats are terrified of is what’s coming in the durham and giuliani findings. MORE CORRUPTION. IMAGINE THAT! pelosi/son; kerry/son; obama and hillary corruption/treason, and all of those involved with the russia garbage are going to be EXPOSED. all i hope and pray for is that ALL OF THESE thugs are held accountable and justice will prevail; otherwise, we are on a sinking ship re democracy.
TRUMP 2020.
Nan, I agree. Pelosi and Kerry are as guilty as Biden in the corruption in Ukraine. In listening to that woman ambassador, Hill I think, who was fired by Trump, I felt that she was also involved in the corruption in Ukraine. She was suppose to be an ambassador FOR AMERICA but she sounded more like she was represented Ukraine. I found the DEMOCRATS’ actions disgraceful and disgusting during their entire sham hearings and impeachment. They are the ones who really ABUSED THEIR POWER AND OBSTRUCTED JUSTICE. THEY ARE THE ONES WHO SHOULD BE CHARGED.
I still think he should file a “hostile workplace” case against the Dems. and there should be a time limit to the length of time they have to submit the case if not he is being denied his constitutional right to a speedy trial!! I would be very interested to hear if there is a time limit for this process and if so what is it?
Excellent, EXCELLENT article’s truth about impeachments. The democrats are acting, and probably PRETENDING that they are decimating President Trump. The democrats who are currently in office should be FIRED and TRIED in a court of law……they are determined to OWN OUR nation and in my view that is TREASON…….their crimes are FAR more serious than they can dream up about President Trump. ThIs nation is OURS and we must not allow the scum in the
Democrat party to overthrow it. WE ARE NOT A BUNCH OF THIEVES AND IMBECILES. DEMOCRATS ARE!
Tasine, I agree with you.
The fact that stupid leftists think Trump is no longer president because the House voted to impeach him should be enough for Nancy Pelosi to hoold back her ignorant troops. Twitter is ablaze with celebratory comments from leftists thinking that VP Mike Pence is now President, and some say he too should be impeach.
Winston Churchill was right when he said “The best argument against democracy is a five minute coversation with a voter.” It’s a scary shame that our government is not only in the hands of ignorant politicians, who don’t know the constitution, But also in the hands of people who have the power to continually be fooled by those politicians so that they get returned to office, repeatedly.
That’s why public school stopped teaching civics class, so those in Power can keep them ignorant and spew their lies. And the illegal aliens don’t know the Constitution and are working real hard to SHED it.
Hollyweird, who helped Obama get in, pissed that Hilary didn’t get in and LOVE Bernie are also the big problem.
Truly pathetic. Boy will they be pissed when they really find out that President Trump is still President. And will be again in November 2020.
Florida Governor had a great idea regarding high schools actually teaching civics again. Unfortunately until we outlaw sanctuary states this misinformation will still occur.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
What happens to politicians who have committed crimes, actual offenses against the state? By law they must pay for their offenses, but if the people enforcing the law do nothing, what happens?? This makes the law enforcers complicit, a participant in the wrongdoing. Where does it stop??
https://www.breitbart.com/2020-election/2019/12/19/amy-klobuchar-on-impeachment-this-is-a-global-watergate/
lol, lots of crazy things said by the Dem candidates. Thankfully only got a little glimpse as there really is nothing but socialist ideas. And not worth commenting on.
But this is too funny. Global watergate? Now all this tells me is that this candidate isn’t even FOCUSED on We the People. It is all about being part of the New World Order.
I’ll keep my “America First” president thank you very much. About Time someone in Washington DC. looks at We the People and hears our voices. Not just Take our Money and send out their ilk to TRY to shut us up.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/clips/2019/12/19/elizabeth-warren-trump-would-step-on-a-cute-little-kitten-to-get-what-he-wants/
“Warren said, “I can’t get into the head of Donald Trump. That’s just — that’s a really horrible place to go. I think that Donald Trump looks out for Donald Trump. And he looks out for Donald Trump’s closest buddies who give him total loyalty, and he looks out for the other billionaires because he thinks they’ve got a whole bro thing going on. That’s what Donald Trump does. And if he had to step on a cute little kitten to get something done that would help himself, he would do it.”
lol, but he’s in YOUR head 24/7. President Trump has put We the People first. He’s done EVERYTHING in the past 3 years for We the People.
But I guess the “fake” indian feels it’s ok that Obama did it. Clinton definitely did it. Biden did it. Heck that’s why We the People saw our National Deficit double during Obama’s 8 years. As always spin it back on President Trump.
Regarding the “kitten” comment, from the Woman who thinks it’s ok that Planned Parenthood rips babies out of the womb for profit. And calls it “Women’s Health”.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/clips/2019/12/19/warren-i-would-close-gitmo/
“Warren responded, “Yes. It’s time to close this detention facility. It not only costs us money, it is an international embarrassment. We have to be an America that lives our values every single day.”
No “fake” indian, after Durham’s report comes out LOTS of people who’s Globalist values cheated, spied and lied We the People are going to reside.
We the People’s values need to be protected and your democratic socialist/communist values need to be extinquished. Can’t close down Gitmo, where do you think the swamp creatures are going to go. And if you are worried about expense, I’d be more than gladly pay a admission fee to come and stare and laugh at these Democratic/Rino swamp creatures. Heck parents can bring their children there to show you what happens when you THINK you are ABOVE THE LAW.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
★I Am Earning $70,000 so Far this year working 0nline and I am a full time college student and just working for 2 to 3 hours a day I’ve made such great m0ney.I am Genuinely thankful to and my administrator,…go to this site home media tech tab for more detail thank you……Read MoRe
Every taxpayer should get a bill statement and put down $245,000,000 on it saying “Owed to Republican Taxpayers”-Payable upon Demand to all Republican Congressional Districts. If not paid within 30 days, all Democrats will be reported to the Credit Bureaus for bad credit. Enough of this garbage of wasting our tax monies we send to fix the infrastructure, support the military, lower prescription drug costs, stop opioid addiction programs, etc.
This waste of taxpayers’ monies is called Theft of Honest Services-which is a federal crime under 18 U.S.C. Section 1346.
the clown car is coming to a crashed ending. they never had anything and they know the senate are going to destroy this leftist hoax. unemployment lowest in fifty years. we are once again the worlds economic engine, 266,000 jobs created last month, winning the trade wars, nafta destroyed, china’s economy tanking. though trump may be a little crass and bullish that’s his game and he is making this country greater than ever. he is living up to all of his promises.
In truth impeachment in the House is akin to an indictment. Full impeachment and removal must be agreed upon by 2/3rds or 67 Senators. So in reality Trump hasn’t technically been impeached, the House is just reccomending he be impeached. The way it’s set up in the Constitution the impeachment can only be validated by the Senate’s decision. It’s too bad the media doesn’t point out that the House has only succeeded in passing articles of impeachment, not finalizing impeachment which is the power of the Senate to decide. Nuance can make a difference in perception. Unfortunately the Dems and Media have thiers all twisted and perverted.
It sounds like the best way to go is for Pelosi to keep her articles of impeachment.
I can tell her where she can put them.
I believe whoever has been leading Pelosi around by the nose has advised her of what will befall the Democrats the moment she turns the articles of impeachment over to the Senate and now she knows a bit about the Constitution!
Nancy is holding the Articles of Impeachment until she knows they will have a fair trial. Well the Senate cannot state how the process will work until they receive the articles. This is stand off who will last longer. Republicans have nothing to lose. This started because Schumer is crying, since his witness list was denied. Welcome to being the minority, you cannot tell them how to run the trial. Maybe the house should have done a thorough job. The senate will not do the work for them to find a crime.
Look at the partisan hack troll calling anyone who doesn’t think the way she does ignorant. Typical self-important, self-righteous leftist behavior.
Even YOUR OWN GUY agrees that they haven’t impeached the President at this point. News Flash! You Democrat losers don’t get to cherry-pick what rules are in the Constitution.
If Pelosi actually believed that PRESIDENT TRUMP was a “clear and present danger” she would be rushing this to trial. All she (and you) want is to be able to say PRESIDENT TRUMP was impeached. Too bad that she has to deliver the message to the Senate, which has SOLE power to try the case, despite what she thinks.
You KNOW there is ZERO evidence and this case will be over LONG before the election. Too bad you have to follow the law in this case and don’t get to make it up as you go. That was a bad habit you learned from the tyrant Obama, who was unable and unwilling to tolerate the will of the People.
Remove the President, and VP Pence becomes President; Speaker Pelosi is next in line. Pence suddenly becomes a target for assassination; upon his death Presidential power leaps into the hands of the Democratic party. Clouds of uncertainty loom over the land. Fearsome, but realistic.
The Presidential Succession Act, created to assure continuity of office, now threatens the opposite. With Democrats controlling the HR, there is no possibility of it being changed. Surely no thinking Republican could vote in favor of impeaching President Trump.
Pelosi will not transmit the articles of impeachment to the Senate for trial until they hold what she feels is a fair impeachment trial. Hold a fair trial but have nothing mandated by the Constitution on which to hold said trial. They only get that after they hold the trial, then the Speaker will give them the Articles of Impeachment required to hold the trial they just conducted after the fact. Circular reasoning. This is liberal social-democrat logic. I’m sensing a “Duhhh” moment in the House of Representatives.
★I Am Earning $70,000 so Far this year working 0nline and I am a full time college student and just working for 2 to 3 hours a day I’ve made such great m0ney.I am Genuinely thankful to and my administrator,…go to this site home media tech tab for more detail thank you……Read MoRe
The media keeps calling this a bipartisan vote. Even Pelosi said early on it was bipartisan which shocked me. It was not, it was partisan. Not one Republican voted for impeachment; all votes were from Democrats, with two Democrats voting not to impeach and one voting undecided.
★I Am Earning $70,000 so Far this year working 0nline and I am a full time college student and just working for 2 to 3 hours a day I’ve made such great m0ney.I am Genuinely thankful to and my administrator,…go to this site home media tech tab for more detail thank you……Read MoRe
Senate do the right thing and stop this madness. You know this President should not be impeached