By now, you’ve read that despite the terrible danger President Donald Trump poses to our national security, Democratic House Majority Leader Steny Hoyer has sent the Democrats home for Christmas break, and they won’t reconvene for a vote until January 7. That means no Senate trial before Christmas or New Year’s, obviously, as the House seems to be following through on its threat to sit on the articles of impeachment until Sen. Chuck Schumer gets his way in setting the rules of the Senate trial.

After all, Senate Majority Leader Mitch McConnell has openly said that he’s not an impartial juror, so Democrats don’t think they can get a fair trial — fair like the hearings held by the House Intelligence and Judiciary Committees.

We saw some whisperings about this Wednesday night, but now a law professor has written a piece for Bloomberg arguing that impeachment is a process, not a vote, and as long as the House sits on those articles, Trump technically has not been impeached.

Here’s the thing, though: The Harvard law professor who wrote the piece is none other than Noah Feldman, who was one of the witnesses who testified before the House Judiciary Committee and said this:

And as earlier tweets had proven, Feldman isn’t exactly MAGA material. But he writes in Bloomberg:

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.

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.

So technically, the House voted to impeach Trump, but it did not impeach Trump. That won’t make a difference to all those celebrating the asterisk that will sit permanently next to Trump’s name, but it is interesting to contemplate. What if the House just holds on to the articles indefinitely?


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