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.”
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.
— Cernovich (@Cernovich) December 19, 2019
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.
Senate has sole power to try an Impeachment.
If Pelosi will not deliver the supposed Articles of Impeachment, the Senate has nothing to try.
If there is nothing to Try, then was the act of Impeachment consummated under the law?
No one knows, because this has never been done.
— Cernovich (@Cernovich) December 19, 2019
