Authored by Alan Dershowitz via The Gatestone Institute,
Speaker Pelosi’s unconstitutional decision to delay transmission of the articles of impeachment to the Senate in order to gain partisan advantage raises the following question: has President Trump been impeached, or did the House vote merely represent an authorization or intention to impeach — which becomes an actual impeachment only when the articles are transmitted?
This highly technical constitutional issue is being debated by two of my former Harvard Law School colleagues — Professors Laurence Tribe and Noah Feldman — both liberal Democrats who support President Trump’s impeachment.
Tribe believes that Trump has been impeached and that it would be perfectly proper to leave it at that: by declining to transmit the articles of impeachment, the Democrats get a win-win. President Trump remains impeached but he gets no opportunity to be tried and acquitted by the Senate. This cynical, partisan ploy is acceptable to Tribe because it brings about the partisan result he prefers: Trump bears forever the stigma of impeachment without having the opportunity to challenge that stigma by a Senate acquittal. Under the Tribe scenario, the House Democrats get to “obstruct” the Senate and “abuse” their power (to borrow terms from the articles of impeachment).
Feldman disagrees with Tribe, arguing — quite correctly — that impeachment and a removal trial go together. If a president is impeached, he must be tried. Impeachment, in his view, is not merely a vote; it is the first step in a constitutionally mandated two-step process. He goes so far as to say that if the articles of impeachment are not forwarded to the Senate for trial, there has been no valid impeachment.
In my opinion, both of my colleagues are wrong, though Feldman’s approach is more consistent with the structure of the Constitution and the intent of its Framers. I believe that the Senate need not wait for articles of impeachment to be transmitted. Senators are empowered by the constitution to begin a trial now— with or without further action by the House.
Just as the House has the “sole power of impeachment,” so too the Senate has the “sole power to try all impeachments.” The Senate can make its own rules (as long as they are consistent with the constitution) and establish its own timetables.
The only possible rejoinder to this constitutional verity is the argument put forward by Feldman that the House has not yet concluded the process of impeachment, and so the Senate has no jurisdiction to proceed to trial. What follows from that argument is the conclusion — utterly unacceptable to Tribe — that President Trump has not been impeached and if the articles are never transmitted he will not go down in history as the third president to be impeached, because the House never completed the necessary process by sending the articles to the senate.
Tribe and the Democratic House majority, led by Speaker Pelosi, want to have their constitutional cake and eat it too: they want Trump impeached but not acquitted. Sorry, but the Constitution does not permit that partisan, result-oriented ploy. Either Trump has been impeached and is entitled to a Senate trial; or he has not been impeached and is entitled to a clean slate.
My own view is that in the public eye, President Trump has been impeached by a partisan vote and he is now entitled to be acquitted, even if the Senate vote is as partisan as the House vote. The partisans who voted his impeachment along party lines in the House, have no principled argument against a party-line acquittal. The Democrats devised the partisan rules of engagement in the House. They can’t suddenly demand a change in those rules because they are a minority in the Senate.
So there are only two constitutionally viable alternatives:
- either Pelosi must announce that Trump has not been impeached;
- or the Senate must initiate a trial.
Preserving the status quo indefinitely - Trump remaining impeached without having a trial - is unconstitutional and should not be tolerated by the American people.
via zerohedge
Only when articles of impeachment are transmitted to the Senate then Senators are empowered by the constitution to begin a trial with Senate rules for the final on impeachment if they get enough votes. To me neither 1 or 2 are impeachable offences under the High Crimes hurtle.
You are correct. Good analogy.
Definitely the way I see it too. It’s nothing but a Democratic political tool, but then again Democrats have no idea about how the Constitution works. They feel they are ABOVE THE LAW.
Let Pelosi hold it as long as they want. The more they stall the more President Trump’s approval rate goes up. We the People see exactly what’s going on.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/clips/2019/12/26/kildee-pelosi-making-the-right-decision-on-withholding-impeachment-articles/
“[O]n the question whether I support her, she’s making the right decision,” Kildee told “CNN Newsroom.” “The House of Representatives is not absent from the Senate trial. We’re not sort of bystanders to it. We have to appoint impeachment managers, and organize the case around the structure that the Senate arrives at in order to present our case in the most compelling way. Determining who the impeachment managers, in part, is going to be determined by how the Senate organizes the trial.”
How hard is to pick three dolts, and then stand there and present the sham case. It seems to me Schiff and Nadler don’t want to touch this, lol. Senator McConnell is not playing games. The House Minority Republicans already picked their three to give statements on what the shame case is about. Senate laughs then says dismissed.
That’s what the Democrats get for listening to the Squat, Al Green, Maxine Waters screaming impeachment. Pelosi and Schumer are playing games with their piece of wasted paper, lol.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
There is nothing stopping the Senate from casting a vote to approve or reject the articles of impeachment. It wouldn’t be an official trial, only a symbolic vote.
But a symbolic vote that would negate the impeachment that piglosi is holding onto.
MAGA! BEST POTUS EVER!
With all the BS the Dems are spreading should make for a bumper crop.
The Democraps KNOW they have NOTHING. They want to string this out, with the hope the voters will not vote to give him a second term, and hope that the Democrap idiots and all the illegal votes will let a Democrap become President and let them control Congress again.
Only they fail to acknowledge that Trump is more popular now than before being impeached in the house and he is setting record breaking fund raising to boot! Eat that demoncraps! TRUMP 2020!!!!
I agree. And while they vacation and do nothing for their cities and voters, Trump has been running this country single handedly for almost 3 years. And running it pretty damn good. Dems have tried to block him every step of the way with their whining and name calling. Great work Dems. Trump doesn’t even accept his paycheck like the greedy Dems in the house do for nothing!
No . Impeachment comes after a House Vote in front of its Citizens, which did take place. They just keep making up their own Rules.
Let the Supreme Court decide if Trump has been Impeached by the House. If so, proceed to trial in the Senate, if not, acquit the President of all charges with prejudice.
someone please read to the democrats article 1 section 3 to the democrats i know they cannot read…..look at aca pass it first read it later…..please read it it has nothing to do with the supreme court only the chief justice..and trial will be held in the senate period….
I like your answer Keith. Seems like the only fair way to get a result.
Dems want Trump gone. Then they want Pence gone. Nancy becomes President, God forbid. Then Nancy hands over the Presidency to Hillary. As long as Trump is President, Phsyco dems will cry impeachment. But they did nothing about Obama trying to destroy the country.
If the house refuses to send over the articles of impeachment, the president has not been impeached… In my opinion the Senate shoulld begin a short trial with or without the articles which would then force the House to send them or be considered guilty of obstruction by not following the procedures layed out in the Constitution… If they don’t comply, exonerate the president, and get this garbage overwith… If they do send the articles to the Senate, then let’s still have a short trial using Senate rules to complete the process; exonerate the president, and let him do the business of/for the people without any further obstruction…. The House no longer has power in this , and is in no position to tell the Senate to ask for witnesses or how to conduct it’s trial… The majority of the people in the country feel the way I do, and are tired of the antics of the Democratic party that is causing a division amongst us that none of us want!!!
No the Senate needs to give them a 5 day timeline or their articles are canceled.
It is really not for the Democrats to decide. It is for our constitution to decide. Further if the representitive that voted for impeachment do not know then what the hell did they vote for? I just hate stupid and you demo rats and ccx democrat voters are stupid.
It’s not a civil war coming it is a war on stupid
The Democrats are so busy patting themselves on the back for pulling off this farce, they failed to realize they have NOT impeached our President, only the senate can. This will not be the kangaroo court had by the House, all their lies and treachery will be laid out for all to see. VOTE TRUMP IN 2020
NOTE: If any of you with opposite views, call me names or trash me… That’s up to you!! But there will be no further response to you!!! Merry Christmas!!!
Thankyou for your sensible response Laughin atyou… I was not aware of the 5 day timeline…
Merry Christmas!!!
I call BS, if there were chargeable counts it would be disclosed. WE the people need to step up and demand AQUITALE the whole process is corrupt and I personally am tired of them wasting our tax dollars. If the DEMs are not stealing tax money the are wasting it on BS like this. In my opinion OBAMA should have been IMPEACHED due to his underhand dealings (allowing his AG to send cartel guns and money, ruining our work force by not trying to get any jobs back and stating they will never come back to USA ………there are many many more things he did to ruin our nation like advising the communist that he would be able to do more after he leaves office by the way he no doubt …). I am hearing if this goes on the americans may revolt in either peaceable or other means. These LIBERAL COLLEGEs and the professors are another harm to our country teaching false doctrine to their students. These are all reasons we have article 2 in our constitution. To resist TYRANNY, what is happening is completely against what our founding fathers were far. USA< USA GO TRUMP!!!
t5he whole time Russia is just sitting back laughing their ass off.
they did not need to do any thing to destroy America the democraps are doing that for them.
the only winners of this farce is Russia and China
Abuse of Power and Obstruction of Justice
The supposed Abuse of Power was a flimsy argument that President Trump abused the power of his office by requiring Ukraine to investigate Biden’s quid-pro-quo demands that Ukraine drop the investigation of his son’s employer. The President is required to ensure, to the extent reasonably possible, that our foreign aid is not abetting the corruption in the government of the recipient country. There was no abuse of power, except by Joe Biden, and by the House.
The supposed Obstruction of Justice is what they claim occurred when the President refused to allow his White House staff and attorney to give testimony. He was protecting the office of the President through executive power. That was Congressional over-reach and was in fact abuse of power in and of itself. Can you imagine the ramifications if Trump had given in to them on this? Any defense attorney in any court in the country could be compelled by the prosecutor to give testimony against his client!!!
Obstruction of Congress. Quite a bit of difference. There is no such law, except in the minds of the demonrats. Trump did not obstruct justice. He was doing his constitutionally guaranteed due diligence. The demonrats don’t honor the constitution, and a slight mis-wording means a lot to them. They’ll play it off as though there were something to it though . . .
Very good analogy. Thanks!
The demonrats are behaving like little children playing a game on the playground; making up their rules as they go along, all the while bickering about who and how.
You can see by all the many social posts that their constituency is too ignorant to know they haven’t really done anything except spread hate. The US population has been dumbed-down so much by our socialist education system . . .
I agree with Dershowitz.
Thank God Trump is putting more Constitutionalist judges in seats across America. I pray he gets to replace Ruth BG in the SCOTUS!
The only way to rid ourselves of this stupidity is to go vote for anything RED in 2020. Put big elephants in every room of governance.
I like what Feldman said!!!!! Sorry Nancy……. LMFAO!!!!!!
Judicial Watch might like me, Facebook CENSURES my posts ALL WEEK!
President Trump’s Pelosi letter: SPOT ON!
Are Democrats anger / hatred towards duly elected President Trump,
the majority who voted for President Trump,
A proper, self - revulsion of the Democratic party towards THEMSELVES?!
Have CA Rep Schiff, CA House Speaker Pelosi, CA Attorney General Kamala Harris,
CA Governor Newsom explain CA 19280, NOT enforcing, unnecessary SUFFERING: CONVICT THEM! Add ALL commie / pinko / Nazi / Socialist democrates regardless their location!
CA Senator Feinstein recalls work on 19280.
CA Rep Jackie Irwin presently investigating 19280.
Hold ’em 19280 accountable (Prison too good, lazy, easy …)
Why isn’t 19280 in all US states? What causes 19280 dementia?
Google CA 19280 & you’ll find:
2004 enacted, thus CA LAW: CA Revenue & Taxation Code 19280 = CRIMINALS WORK vs prison, Victim PAID! LESS CRIME gangs PRISONS?
19280 CAN hold criminals FINANCIALLY LIABLE to CA Franchise Tax Board (CFTB,) who represents crime victims.
KNOWING CONVICTED CRIMINALS, and / or their parents, would be FINANCIALLY LIABLE to their victims courtesy CFTB:
WHY become a criminal in the first place? Why join a gang?
Why isn’t 19280 taught in CA K - 12 schools?
CA Judicial Corruption - 19280 (FB)
19280 grants CFTB:
1) Track down criminal(s,) crooked politicians,
2) Wage garnish law abiding, tax paying employment
Job referrals as needed!
3) Property Liens
4) All collected PAID TO VICTIM!
5) CFTB burden CHARGED TO CRIMINAL (NOT victim, NOT taxpayers,)
(Criminals REALLY DUMB!)
6) NO PAROLE, case seal until PAID IN FULL !!!
3 Jun 15 VJC Judge K J McGee GRANTS 19280
DNC, media did everything to undermine DNC, media; Think outside the box, this is one of MANY commie / pinko / Nazi / socialist democrat diversions from the REAL issue, an alternative to a taxpayer money wasting impeachment:
I’m CA State Auditor Whistleblower Act 8547 W20140197, 7 Mar 13
Ventura Probation, DA THREATENED ME, Port Hueneme Police tried to MURDER ME!
Look it up: CA Judicial Corruption - 19280 (FB.)
Sign my Change.org post:
“Donald J. Trump: CA 19280 Enactment / Enforcement”
Additional posts on the way to simplify
The Senate should empanel the Committee that will hold the Impeachment Trial and subpoena the Articles of Impeachment from Nancy Pelosi based upon her public statement that they have voted on and approved these articles. If she fails to deliver these articles then move to impeach her. If she does deliver the articles, hold their trial to show what a mockery of Congress and justice the House hearings were. Subpoena Vindman and their other witnesses, AND subpoena Adam Schiff and Jerry Nadler to testify UNDER OATH. Grill them until they squeal!!
IF the Senate votes to remove the President and VP Pence serves as President; Speaker Pelosi is next in line. Pence suddenly becomes a target for assassination - a crime not unknown in American history.
Immediately upon his death Presidential power would then transfers to Speaker Pelosi. With a single bullet Democrats would gain nearly total control of the Federal government. Such an abrupt change would likely prove to be a national disaster.
The Presidential Succession Act, created to assure continuity of office, now threatens the opposite. With Democrats controlling the HR, there is no possibility of amending it.
Only serious, proven crimes - not invented charges like here - warrant impeachment. The Senate needs to either reject or ignore what the HR did.
You can’t be almost Impeached. The process is the House must bring valid Articles of Impeachment to the Senate for them to consider at to validity to go forward as per the CONSTITUTION. They may have the Supreme court consider rule. They could overrule him if they care to. They could say there isn’t any violations of any kind in what was sent. They could call anyone or no one as witnesses. Or as it stands now they probably could say to the House or has violated the Constitutional obligation to submit their work to the proper authorities (The Senate) and sanction The Leadership and those who voted for it but failed to keep their sworn duties… protect and defend their oath of office!
It ‘s like being sorta pregnant either the president is g guilty of not you can’t have it both ways.
You’ve taken an action, held a vote, and the whole affair has been placed into the official record of the House of Representatives. You can’t undo what you’ve officially done. It’s the President’s turn to go on the record, clear his name, and lock in stone the precedent you’ve set can never be allowed to stand. You threw down the glove. It’s time for The People to kick you political backsides. You can’t hide on this one.
I get paid over $98 per hour working from home with 2 kids at home. I just got paid $ 8460 in my previous month It Sounds unbelievable but you wont forgive yourself if you don’t check it….. Read more