Last month, Harvard legal scholar Noah Feldman was a top witness during the impeachment probe, invited by Democrats to give public legal counsel on impeaching President Donald Trump.
Today, however, Democrats aren’t liking much of what he has to say.
In a Bloomberg op-ed, Feldman noted that impeachment is a process, not a vote, saying that the many media headlines that Trump was impeached after the House vote were wrong.
“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,” he wrote, adding that Trump could argue he was never impeached if the House continues to hold the impeachment articles.
House Speaker Nancy Pelosi is not assigning managers to the impeachment articles — the group that will transfer the documents to the Senate — in an effort to bargain for a fair shake for Democrats in the Republican-controlled Senate.
Mitch McConnell has stated that holding onto the impeachment articles do not help Democrats at all and gives Republicans additional leverage.
“It’s beyond me how the Speaker and Democratic leader in the Senate think withholding the articles of impeachment and not sending them over gives them leverage, is beyond me,” McConnell said in a speech on the senate floor.
“Frankly, I’m not anxious to have the trial. If she thinks her case is so weak she doesn’t want to send it over, throw me into that briar patch,” McConnell continued.
It is still unknown as to when Pelosi will release the articles of impeachment to the Senate.
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