Leftist Harvard Law Professor Says Trump Has Not Been Impeached Yet

Will Donald Trump Win the 2020 Election?


House Speaker and California Rep. Nancy Pelosi just had the rug pulled out from under her and all her power in the impeachment of President Donald Trump taken from her.

The Speaker has hinted and threatened that she will not send the Articles of Impeachment to the Senate, leaving President Trump in a perpetual state of limbo.

She controlled the House impeachment inquiries because she is the Speaker of The House as elected by her Democrat caucus.

But now she appears to want to control the Senate trial too which is the domain of Senate Majority Leader and Kentucky Sen. Mitch McConnell who said Pelosi could keep the Articles if she wants to.

“I admit, I’m not sure what leverage there is from refraining from sending us something we do not want,” he said. “But alas, if they can figure that out, they can explain it.”

Not only are they not gaining any leverage, they are actually giving President Trump and Republicans what they want, Harvard Law Professor and Bloomberg writer Noah Feldman said.

“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,” he said.

“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,” he said.

Is impeachment a sham?

What Feldman is saying is that President Trump, as of today, has not actually been impeached and will not be impeached until the Articles are given to the Senate.

“The framers drafted the constitutional provisions against the backdrop of impeachment as it had been practiced in England, where the House of Commons impeached and the House of Lords tried the impeachments,” Feldman said.

“The whole point of impeachment by the Commons was for the charges of impeachment to be brought against the accused in the House of Lords.

“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,” he said.

Which means President Trump could take the time between now and when the Articles are delivered to brag that he has not been impeached.

No, that would not help him in any way, but it also would not do any damage and it would be fun to trigger the left.

And that would be worth it just for the entertainment value.

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