According to Democrat’s own impeachment witness, Harvard law professor Noah Feldman, President Trump isn’t really impeached right now, and he may never be.
“According to the Constitution, impeachment is a process, not a vote,” Feldman writes.
“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 wrote.
“If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president,” he continued. “If the articles are not transmitted, Trump could legitimately say he wasn’t truly impeached at all.”
Pelosi has held off sending the articles of impeachment to the Senate because she wants to receive reassurances that the Senate would hold a fair trial.
“A Harvard law professor, who also served as a Democrat-called impeachment witness, answered with a resounding “no” in a column that speaks to the deep dilemma House Speaker Nancy Pelosi faces as she sits on two articles of impeachment against President Trump,” Fox News reported of Feldman.
On the Senate floor on Thursday, Senate Majority Leader Mitch McConnell appeared confused by Pelosi’s decision.
As Pelosi withheld the articles, McConnell argued that the House speaker doesn’t have the leverage she thinks she does.
“Some House Democrats imply they are withholding the articles for some kind of leverage,” McConnell said.
“I admit, I’m not sure what leverage there is in refraining from sending us something we do not want…
“Alas, if they can figure that out, they can explain.”
H“Following weeks of pronouncements about the urgency of the situation, urgent situation, the prosecutors appear to have developed cold feet,” McConnell said.
“Democrat prosecution seems to have gotten cold feet and be unsure about whether they want to proceed to the trial.”
“Like I said, a very unusual spectacle, and in my view, certainly not one that reflects well on the House.”
In a Senate trial, Senate Majority Leader Mitch McConnell (R-KY) said that Republicans will seek to dismiss impeachment charges against President Donald Trump immediately after hearing opening statements.
McConnell’s remarks came from the Senate floor on Tuesday.
As a model for a proposed trial of Trump, the Majority Leader said that he was using the 1999 Senate trial of President Bill Clinton.
McConnell suggested that a motion to dismiss would be put forth by Republicans after opening statements.
McConnell said, “By any ordinary legal standard, what House Democrats have assembled would appear to be woefully, woefully inadequate to prove what they want to allege.”
“The House should not impeach on this basis in the first place,” he added.