Speaker Pelosi's unconstitutional decision to delay transmission of the articles of impeachment to the Senate in order to gain partisan advantage raises the following question: has President Trump been impeached, or did the House vote merely represent an authorization or intention to impeach — which becomes an actual impeachment only when the articles are transmitted?
This highly technical constitutional issue is being debated by two of my former Harvard Law School colleagues — Professors Laurence Tribe and Noah Feldman — both liberal Democrats who support President Trump's impeachment.
Tribe believes that Trump has been impeached and that it would be perfectly proper to leave it at that: by declining to transmit the articles of impeachment, the Democrats get a win-win. President Trump remains impeached but he gets no opportunity to be tried and acquitted by the Senate. This cynical, partisan ploy is acceptable to Tribe because it brings about the partisan result he prefers: Trump bears forever the stigma of impeachment without having the opportunity to challenge that stigma by a Senate acquittal. Under the Tribe scenario, the House Democrats get to "obstruct" the Senate and "abuse" their power (to borrow terms from the articles of impeachment).
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6 comments:
Like I said before, they ain't biscuits until they're in the oven.
Idioots.
2020 is our Patriots
Trump 2020
Didn't I hear something once that a pillar of our democracy is "...Innocent until proven guilty."?
How can someone be guilty without a trial in this country?
Until he's tried, no impeachment.
This BS was just explained to me at Christmas. According to this college Professor, (one that actually knows his head from his elbow, and likes the Pres), this impeachment thing is not a impeachment till tried.
His explanation was this;
Say your spouse goes to a lawyer and does the paperwork for divorcing you, the lawyer draws up the papers and spouse signs them. BUT don't deliver them to you or have you served, are you divorced, or in divorce? Nope, just like our President. A bunch of useless. never held a real job POS drew up some papers and whined to the media about it. Is Trump impeached? Nope, he hasn't even been served, nothing has been filed even. It is just nothing, till it is filed and served. Just like the divorce thing.
This is just more Democrat crying over losing the 2016 and the 2020 elections.
AOC is still looking for the "Peach in the Mint" ice-cream at the capital commissary.
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