Capitol Report: Trump hasn’t been impeached yet, one scholar argues — others say he’s wrong
As Speaker Nancy Pelosi delays sending articles of impeachment to the Senate, a skirmish has broken out among a small group of scholars over whether President Donald Trump was actually impeached by the House of Representatives on Wednesday.
Pelosi, a California Democrat, told reporters she wants to see a “fair process” before sending over the articles, which cite abuse of power and obstruction of Congress by the president. She wants more details on witnesses and testimony before sending the charges for Trump’s trial in the Republican-controlled Senate, as the Associated Press reports.
Even as the timing of a trial is in doubt, other scholars contradict Feldman.
Laurence Tribe, also of Harvard Law School, said his colleague is “making a clever but wholly mistaken point”:
.@NoahRFeldman is making a clever but wholly mistaken point when he says Trump hasn’t “really” been impeached until the Articles reach the Senate. Under Art. I, Sec. 2, Clause 5, he was impeached on Dec 18, 2019. He will forever remain impeached. Period. https://t.co/FkwTNG5fiV
Lawmakers aren’t disagreeing about what happened Wednesday. “Right now the president is impeached,” Pelosi said following the House’s vote. On Thursday, Senate Majority Leader Mitch McConnell tweeted that House Democrats had passed “the thinnest, weakest presidential impeachment in American history.” In comments on the Senate floor, he referred to “House Democrats’ precedent-breaking impeachment of President Trump.”
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.
Trump, in comments to reporters on Thursday, said “it’s doesn’t feel like impeachment,” and repeated his characterization of the process as a hoax. Still, the president said on Twitter, “I want an immediate trial!”
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!
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