That stunning question has been making the rounds among a few political pundits within the media, and even among several leftist academics, the most notable from leftist Harvard Law Professor Noah Feldman, one of the three professors pushing for impeachment during Adam Schiff’s “dog and pony” show on Capitol Hill.
Professor Feldman contends that although House Democrats passed two articles of Impeachment in a late-night session along partisan lines, the President has not yet been officially impeached, according to Feldman’s reading of the Constitution.
To give this absurdity by Professor Feldman a little more context, he’s the guy who ironically called for the impeachment of the President back in 2017, in an op-ed piece he penned for New York Review, then the esteemed professor was ready to impeach the President based on nothing more than rumor, allegations, and hearsay regarding “Russian collusion” between Trump and the Kremlin.
Then the “respected” professor said based on what was known at the time, “As more and more evidence of collusion between Donald Trump’s presidential campaign and Russia has come to light, the analogy to Watergate has grown ever stronger,” Feldman wrote. “Whether or not it is ‘worse than Watergate,’ the Trump-Russia scandal differs from it in ways that bear directly on how impeachment might serve as a remedy today.”
Fast forward two years later, and the same scenario was played out when House Judiciary Committee Chairman Jerry Nadler tagged the anti-Trump professor as a witness regarding constitutional issues, which in actuality was once again based on conjecture, supposition, speculation, and presumption, compounded by a persistent bias against the President.
However, because of that persistent bias, Feldman’s claim may actually have some merit.
Consider this, House Speaker Nancy Pelosi along with Adam Schiff purposely “fast-tracked” the impeachment inquisition, claiming that civilization as we know it, was coming to an end, if we didn’t immediately impeach Trump, ignoring traditional protocol, circumventing due process, and any first-hand knowledge of wrongdoing in achieving their desired outcome, based solely on a political timeline. Only to have Pelosi announcing a day after the House impeached the President that she wouldn’t send the articles over to the Senate for trial until some deal was struck between the House and Senate.
Then on Thursday afternoon all that suddenly changed, as House Majority Leader Steny Hoyer announced no additional votes would be taken until January 7th…January 7th?
That stunning announcement sent the Harvard Law Professor back to penning another op-ed article titled “Trump Isn’t Impeached Until the House Tells the Senate.”
In the article, he lays out his hypothesis stating, “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.”
Feldman continues, “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 off to the Senate, with House managers standing up in the Senate and saying the President is impeached.”
Adding, “As for the headlines we saw after the House vote saying, “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.”
Regardless of whether the President has been impeached or will be impeached that question is a mount-point for Trump supports, especially those within the 29 swing-state districts that voted to impeach the President, the likelihood that those moderate Democrats won’t be reelected is almost assured…they had an opportunity to rise above petty politics and reestablish the principles set forth by or Founders, sadly they failed miserably.
Why are these screw up mentally ill Democrats always such morons!. Did you see where nut case Ginsburg said several Senate’s should not be voting on impeachment in the senate trial becuase they already said they would acquit. She is such a dumb shiy! By that standard no democrat should have voted in the house as they all have been screaming impeachment since trump was elected. Funny how that bigoted racist sexist Ginsburg did not say anything about that. Nor did she talk about the large number of democrat senators who have said they will vote to impeach. Ginsburg is clearing not smart and not unbiased so why is she on the supreme court anymore? She is not the mental equal of the other judges.
That is the way liberals / democrats are. They dont think and usually can not think deeply or of complex issues. Yes I mean you Amazon and google programmers too. You can not and do not think through complex issues. Most of you still font understand why you can not having increasing property tax, increasing utility costs, increasing gas taxes, increasing sales tax and have rent controls. You just dumb people.
Glory be, the democrats are pathetically dishonest…..yes, I am sorry to say as an independent that the democrats have “cooked the books” on this one as exaggerations and made-up clock and dagger conspiracy theories about the laughable “Russian collusion”, a complete fiasco.
GOD WILL PROTECT THE USA & TRUMP, TO HELL WITH EVIL DEMOCRATS
Wow. You got that right. It is amazing how completely bigoted and racist these liberals have become. I know young people use to think it was cool to be liberals but now it is just hate. All liberals are just hateful people.
Your right ginsburg is a hate fill selfish liberal judge that has never had any intention of being honest and thoughtful of the law. She has always had an preconceived agenda. The same as she is claiming these Republican senators have. By her logic she should never have cast a vote on the supreme court
While I agree with all of you I think it is becoming clear that the impeachment has three major flaws bipartisan opposition, which should have nullified it, no law is listed as having been broken and it has not been sent to the senate. All should mean trump is not impeached.
Let the Democrats go through with it! . . . I D A R E them. Then, WE would have HARD evidence AGAINST them (Pelosi, Schiff and Nadler AND others!) for CRIMES against the American People AND the POTUS, SEDITION and TREASON. They are GUILTY as charged and need to be HANDCUFFED, sent to a PRISON cell awaiting trial (AND conviction). In other words, they’d better get REALLY “lawyered up”! Team Trump and his allies 2020.
The House has only voted TO impeach President Trump. They did not vote impeachment. There is no declaration of impeachment until the articles go to the Senate and the House members deliver the message. Impeachment is the formal procedure to remove a seating president (or other members of the legislative or judicial branches of our government). Nothing about the House’s impeachment process has been legal on so many levels.
I want to file an official complaint to the Supreme Court that Nancy Pelosi should be stripped of her title as Speaker of the house, as well as any other Democratic Senator in Conngress who considers and acts above the laws of our Constition. Those Senators must be removed immediately so this Country is not put into “harms way” by their actions or lack thereof. I submitted my request this day, December 23rd, 2019.
Respectfully,
The House has wasted forty million dollars of taxpayer money on this circus. If they do not send over those articles of impeachment to the Senate immediately, then they should be forced to repay the money, removed from office, or jailed. They have done absolutely nothing for the last three years but waste money on ridiculous investigations on made up accusations!
He is not the only one saying that the president has not been impeached.
According to other sources, until the articles are sent to and accepted by the senate. nothing has happened.
Under FOIA the Senate can obtain copies of the impeachment that are “official”. Once received Senate can then draft a demand that gives HOUSe 5 days to fund the trial. Failure to fund the trial the Senate can then pass legislation that the impeachment is null for non-prosecution including therein that the non-pros is with prejudice.
This ends the entire episode without an actual impeachment. IN fact it would create a situation wherein the facts prove out that this is and was a political coup in itself.