House Speaker Nancy Pelosi’s decision to withhold articles of impeachment from the Senate for the time-being — likely until her demands for a Senate trial are met — may backfire.
According to Bloomberg, the White House’s legal team is investigating whether Pelosi’s stall tactics can nullify the impeachment vote.
“The White House legal theory, according to a person familiar with the legal review, is that if Trump has been officially impeached, the U.S. Senate should already have jurisdiction,” Bloomberg reported. “Backers of the theory would argue that the clause of the U.S. Constitution that gives the Senate ‘the sole Power to try all Impeachments; indicates that the impeachment isn’t formalized until the House reported the charges to the upper chamber.”
Scoop: Lawyers close to Trump are exploring whether Pelosi’s decision to temporarily withhold articles of impeachment from the Senate could mean that the president hasn’t actually been impeached.
The case is largely rhetorical, but could provide WH and Senate Republicans leverage
— Jennifer Jacobs (@JenniferJJacobs) December 19, 2019
On Tuesday, Trump spoke in the Oval Office and stated that it is “unconstitutional” for the Speaker of the House not to provide the Senate with the articles of impeachment.
It is unprecedented for House Speaker Nancy Pelosi to hold hostage the impeachment articles until the Senate fulfills her demands, opening the floodgates for new legal ripples and precedents.
Last week, Sen. Lindsey Graham called Pelosi’s handling of the impeachment situation “extortion.”
The longer Pelosi waits, the more power Senate Republicans will have — and the more time Trump’s legal team will have to make a valid argument that the impeachment was not proper.
What do you think of this new legal ripple that may deem President Donald Trump not impeached? Let us know in the comments and be sure to vote in our poll below.