House-Senate Impeachment Impasse Would Mean Trump Wasn’t Impeached At All: Harvard Law Prof.
As Nancy Pelosi(speaker of house) keeps threatening to withhold the articles of impeachment passed Wednesday night by the House, Harvard Law Professor Noah Feldman says that President Trump isn’t technically impeached until the House actually transmits the articles to the Senate for trials.
Prof. Feldman, who testified in front of the House Judiciary Committee’s impeachment proceedings earlier this month, argues in a Bloomberg Op-Ed that the framers’ definition of impeachment “assumed that impeachment was a process, not just a House vote,” and that “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.”
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.
IMPEACHMENT under the US Constitution means the House sending its approved articles of impeachment to the Senate, with House managers standing up in the Senate and saying the president is impeached,only then is it viable.
Well,as for headlines we saw after the House vote reading, “TRUMP IMPEACHED,” those are a media shorthand, not a technically correct legal statement.
So far, the House has voted to impeach (future tense) Trump. He isn’t impeached (past tense) until the articles go to the Senate and the House members deliver the message said Noah Feldman.
Nancy Pelosi, meanwhile, won’t transmit the articles until the Senate holds what she considers a “fair” trial.