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Democrats’ Key Impeachment Witness Says Party 'Has Not Impeached Trump'

Noah Feldman writes op-ed on dangers of delaying articles of impeachment

 on 20th December 2019 @ 4.00pm
but feldman argued that  according to the constitution  impeachment is a process  not a vote © press
But Feldman argued that 'according to the Constitution, impeachment is a process, not a vote'

One of the Democrats’ top impeachment witnesses against President Donald Trump, claimed the party has not impeached the president, despite their vote on Wednesday.

Noah Feldman's assertions, voiced in an op-ed in Bloomberg News, came as House Speaker Nancy Pelosi considered withholding articles of impeachment to the Senate due to concerns the trial ould be biased in favor of Trump.

“So far, we haven’t seen anything that looks fair to us,” Pelosi told reporters last night.

“That would’ve been our intention, but we’ll see what happens over there.”

But Feldman argued that “according to the Constitution, impeachment is a process, not a vote."

He then noted that, although moderate delay would not pose a problem, a lengthy delay would be a “serious problem.”

feldman wrote that if democrats failed to send the articles of impeachment to the senate  it would diverge from constitutional protocol © press
Feldman wrote that if Democrats failed to send the articles of impeachment to the Senate, it would diverge from constitutional protocol

“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,” Feldman wrote.

“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 added:

“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.”

Feldman wrote that if Democrats failed to send the articles of impeachment to the Senate, it would diverge from constitutional protocol and “deny the president the chance to defend himself in the Senate that the Constitution provides.”

The issue was also picked up by Federalist co-founder Ben Domenech, who tweeted:

“What Pelosi wants to avoid is the outcome of any trial in the Senate: a bipartisan vote to acquit.”

Fox News reporter Chad Pergram also weighed in:

"Some polling reveals that impeachment is really hurting Democrats. Perhaps this was Pelosi’s gambit all along. Impeach the President. Take a stand for the Constitution. But apply an emergency hand brake on impeachment by not sending the articles to the Senate.”

 senate majority leader mitch mcconnell threatened to cancel trump   s senate trial over pelosi stalling  impeachment © press
Senate Majority Leader Mitch McConnell threatened to cancel Trump’s Senate trial over Pelosi stalling impeachment

NewsThud reported that Senate Majority Leader Mitch McConnell threatened to cancel Trump’s Senate trial over Pelosi stalling the impeachment process.

McConnell blasted Democrats on Thursday, writing:

"Last night, House Democrats passed the thinnest, weakest presidential impeachment in American history."

"Now they’re suggesting they are too afraid to even submit their accusations to the Senate and go to trial."

"The prosecutors are getting cold feet in front of the entire country."

"These articles of impeachment are so weak that before they even passed, the Senate Democratic Leader began demanding that the Senate re-do the House’s homework."

"Now the Speaker is hemming and hawing about whether they’ll even proceed to trial.

"I am glad that leading Democrats seem to have buyer’s remorse about the least fair, least thorough, and most rushed impeachment in American history.

"They should. But for the sake of the country, I wish this understanding had dawned on them yesterday."

Trump also shred the Democrats on Twitter:

“Pelosi feels her phony impeachment HOAX is so pathetic she is afraid to present it to the Senate, which can set a date and put this whole SCAM into default if they refuse to show up! The Do Nothings are so bad for our Country!”

Trump later added:

“So after the Democrats gave me no Due Process in the House, no lawyers, no witnesses, no nothing, they now want to tell the Senate how to run their trial.

"Actually, they have zero proof of anything; they will never even show up. They want out. I want an immediate trial!”

[RELATED] Democrat: I Was Convinced By My Kid To Impeach Trump Even Before Ukraine Call

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