Democrats Are Getting Trapped in Their Own Impeachment Web
By David Kamioner | December 20, 2019
Has President Donald Trump been impeached?
He has not, according to a star Democrat witness who testified in front of the Dem-controlled House Judiciary Committee’s recent hearings on impeachment.
That committee voted to impeach the president on two counts.
Noah Feldman, a professor at Harvard Law School (shown at the top of this article), wrote in a Bloomberg opinion piece on Thursday, “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. 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 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.”
Since House Speaker Nancy Pelosi (D-Calif.) has not transmitted those articles yet, and she claims she will not until she gets what she wants from the Senate, the president — as Feldman sees it — could stay un-impeached for quite some time to come.
Since Feldman was one of the witnesses for the Democrats and a Democrat partisan as well, you’d think the congressional leadership on the Left would have consulted him on this topic.
But it seems their fervor to employ the hurry-up-and-impeach offense was so overwhelming they forgot to consult one of the very individuals who wrote their playbook.
Pelosi and Senate Minority Leader Chuck Schumer (D-N.Y.) are very possibly not pleased with the Harvard academic, who could not stay on script.
Feldman will get a better reception from the GOP and the White House, but that is perhaps not on the top of his holiday wish list.
Democrat impeachment witness Noah Feldman: “If the House doesnt communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles aren't transmitted, Trump could legitimately say that he wasn’t truly impeached at all.”https://t.co/cpWiMzXj6q
— Liz Wheeler (@Liz_Wheeler) December 20, 2019
“Republicans in Congress are already making this argument,” CBS reported. “Senate Majority Leader Mitch McConnell (R-Ky.) said in a speech on the Senate floor [on] Thursday that Pelosi’s decision to withhold the articles from the Senate shows Democrats ‘may be too afraid to even transmit their shoddy work product to the Senate.’ House Minority Leader Kevin McCarthy (R-Calif.) echoed those comments: ‘She’s admitting defeat by not sending them. By refusing to send impeachment over, she knows its outcome is not good.'”
Whatever eventually transpires, it is already clear the impeachment push is a bad idea and is getting worse for the Dems.
It’s cost them a member of Congress — Rep. Jeff Van Drew of New Jersey, who just left the Democrat Party to join the GOP — as well as other elected officials at lower levels of government; polls are going south; and Senate members are caught between their own political futures and party discipline that demands they vote to convict the president on obstruction of justice and abuse of power charges.
This latest development only adds an ironic and even comical twist to the deteriorating Democrat situation.
But they’ve already risked too much to get out of it. As such, they ignore a longstanding political maxim: “When you’re in a hole, stop digging.”
This piece originally appeared in LifeZette and is used by permission.
Read more at LifeZette:
As Pelosi Delays on Impeachment Articles, Canny McConnell Is Lying in Wait
White House Press Secretary on Impeachment: ‘History Is Not Going to Look Kindly on These Democrats’
Elizabeth Warren Seemed Stunned After Attack by Pete Buttigieg During Debate