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.
Trump isn't impeached til House transmits to Senate, per a Harvard Law professor who was a witness for House Democrats.
“If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all,“ @NoahRFeldman writes. https://t.co/urzhneXlo8
— Jennifer Jacobs (@JenniferJJacobs) December 19, 2019
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:
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Constitutional scholar Noah Feldman: "If we cannot impeach a president who abuses his office for personal advantage, we no longer live in a democracy—we live in a monarchy, or we live under a dictatorship." https://t.co/T7ONhXv599 #ImpeachmentHearings pic.twitter.com/bu9dGqsuvp
— ABC News (@ABC) December 4, 2019
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?
This is gonna freak them out. Trump disputing his impeachment will be hilarious. https://t.co/myrHsqbC5d
— Dan ?? (@danieltobin) December 19, 2019
So I guess it's like Schrodinger's Cathttps://t.co/ctEe5tlSCM
— David Burge (@iowahawkblog) December 19, 2019
If an impeachment falls in a House where no senators can hear it, does it make a sound? https://t.co/TlKZO2IxcZ
— Jim Antle (@jimantle) December 19, 2019
lollololololol https://t.co/1EyBS6b7JS
— Jason Howerton (@jason_howerton) December 19, 2019
— Pradheep J. Shanker (@Neoavatara) December 19, 2019
Democrats can't even impeach someone correctly.???????https://t.co/nNRCsCPHZt
— Its a dogs life ?? ? energy (@seniordogzrule) December 19, 2019
The Dems are so incompetent, not only could they not beat a political neophyte in 2016 w/ the Clinton machine; they can't even get impeachment right when they rigged the rules, procedure, timing, witnesses, everything & allowed no opposition.
Geez! No wonder the DNC is broke https://t.co/FBhZCuK5FC
— PCH Political (@pchpolitical) December 19, 2019
This is some Wile E Coyote stuff https://t.co/8GyoEfjYtl
— Seth Mandel (@SethAMandel) December 19, 2019
Trying to decide how I feel on this one. As a textualist, it honestly feels like this is a pretty good point. Maybe the correct description would be "voted to be impeached?"
Weird situation, and likely a distinction without a difference, but a point nonetheless. https://t.co/JWy8uq1pnZ
— Taylor Svehlak (@TaylorSvehlak) December 19, 2019
I am shocked, shocked that one of Larry Tribe’s recent ideas wasn’t fully thought out. https://t.co/zhTYwDmb5v
— James Hasson (@JamesHasson20) December 19, 2019
They really thought this strategy through. https://t.co/5YAthmURVc
— Kayla Elizabeth (@VixenRogue) December 19, 2019
It this works out then this will be hilarious. Libs would be owned, but also be a solid reinforcement of constitutional norms in regards to impeachment https://t.co/A0ZErO0Ae8
— The MorningStar (@EastMorningStar) December 19, 2019
Thank you for saving our President, @SpeakerPelosi. https://t.co/WuO9eIcBN9
— Moe Szyslak (@PubOperator) December 19, 2019
Related:
'What happened to #Impeachmas?' Democratic House Majority Leader Steny Hoyer just gave an 'amazing gift to Cocaine Mitch and the GOP' https://t.co/1veThgAqp2
— Twitchy Team (@TwitchyTeam) December 19, 2019
