Early today I observed on Twitter, “Because the House is refusing to send the articles of impeachment over to the Senate, there are questions as to whether the impeachment itself is valid.”

That idea was dismissed by media bros who have never been published constitutional law scholars, unlike me, a published legal scholar.

Now Noah Feldman, a Harvard Law professor and pro-impeachment witness for the Democrats has agreed with my analysis:

The Constitution doesn’t say how fast the articles must go to the Senate. Some modest delay is not inconsistent with the Constitution, or how both chambers usually work.

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.

Read, “Trump Isn’t Impeached Until the House Tells the Senate.”

As usual, Cerno knows.

9 Replies to “Has Trump Really Been Impeached?”

  1. Democrats are probably holding out until they can persuade some Republican senators (by any means necessary) to side with them against Trump.

    1. I agree dems are out there trying to take all the greatness from the Presidents but we all know he is the best President ever and it will go down in history all the great he is doing and history will go down saying how rude the dems have become and that Nancy p is just a crazy old has been so there👀

      1. Remember to take your meds kids. And if you can, try to get a healthy intake of news from multiple sources, or else you’ll end up sounding like this sandbox dwelling vagrant, ready to sound off about your favorite supreme chancellor because you are getting all your information from one tainted slicker AND you aren’t actually doing any critical thinking, leaving you sounding like what the rest of the world assumes is what an American sounds like: uneducated, opinionated for no good reason, and ready to slander anything that disagrees with your incongruent, inconsistent hypocrisy.

    2. As long as it is within Nancy’s power to call a second vote to vacate the first vote, he has not been impeached. Filing the paperwork makes it official.

  2. The questionable analogies Mike mentioned were problematic. I do wonder if the comparison of a person who has a case and wants it appealed but doesn’t actually perfect the appeal.

    I would like to hear Mike’s opinion on Lindsey Graham saying the wants the “trial” to be held in the same manner as a case before SCOTUS. Does SCOTUS or even Appellate Courts even hear “new evidence” from a trial court.

  3. It all seems like inspired marketing to keep us agitated. The Democrat’s hit on a way, previously unseen, to sit on “impeachment” and call the Republican senate illegal if they do anything. The Epublicans like the stress on their base to keep it agitated so they don’t call any witnesses on FISA abuse which would show the entire thing was a fraud.

    Until some FBI agents get arrested at dawn im going to continue to believe we’re doomed.

  4. I believe this is Nancy trying to prove a statement she made several years ago when she stated her position was stronger than the Presidents. It reminds me of a story years ago about each organ in the body arguing that it was the greatest. First the brain argued it controlled everything then the heart said it pumps the blood so it was the greatest. Then the anal sphincter closed and the whole body became ill thereby showing it was the strongest because it could make everything ill. Meet Nancy Pelosi and her stopping all the government works.

  5. You were right. And Noah Feldman, Facebook law professor and Dem “witness” redeemed himself slightly. The better Jonathan Turley disagrees and says impeachment is concluded (but not tried or meaningful) in the House. But Pelosi cannot have it both ways. If she says the Senate cannot begin their trial before she dithers and appoints managers, then she has not finished and it is indeed Incompleachment.

    Shampeachment without any crime (I don’t just mean he’s not guilty; I mean they cannot even specify an actual law to allege he broke) has degraded the whole impeachment concept. It’s an emotional win for losers, rather than an actual shame or setback for the “accused”. It’s just a “We Hate You” letter that the desperate House majority is now threatening to repeat. They feel they slapped him in the face and want to drag out that feeling. Back in the real world, the public is appalled at THEIR abuse of power and he’s raising millions.

    1. So true! And these stupid snowflakes have been deliberately dumbed down for generations. So no matter how frustrating it is that we’re having to deal with them, I guess it’s not completely their fault.

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