Politics

If Impeachment Articles Are Not Delivered, Did Impeachment Happen?

pelosi-speaker-house-gavel impeachmentI’ll confess: Last night, when I was first told that Speaker Nancy Pelosi was toying with the idea of not delivering the two articles of impeachment voted by the House against President Trump, I assumed it was a joke.

For these last weeks, the Democrat-dominated chamber has been in a mad rush to impeach the president. Democrats even tacked on article two — “obstruction of Congress” — because, they told us, time could not be wasted engaging in the usual negotiation and litigation over legislative demands for executive branch information. Trump is a clear and present threat to “continue” undermining our elections, we were admonished. That’s why he needs to be impeached right now. That’s why the political class cannot responsibly leave his fate up to the sovereign, the People, who will vote in November.

But now that the deed is done, it’s . . . hey, not so fast.

Pelosi and Democratic leadership have convinced themselves there may be advantage in delaying the formal, ministerial delivery of the impeachment articles — as if Mitch McConnell were in as much a hurry to receive them as Democrats were to conjure them up. The thought is that this latest strategic petulance might pressure Senator McConnell into promising a full-blown trial, including summoning as witnesses top aides of the president whom the House didn’t bother to summon because tangling over privilege issues would have slowed up the works.

So it’s not a joke, but I still have to laugh. When I was a prosecutor negotiating plea deals, I always found the most pathetic defense lawyers were the ones who acted like they were playing with the House money when, in stark reality, it was they who needed something from me. Now here’s Pelosi trying to play hard to get with McConnell who, I imagine, couldn’t care less how long Democrats want to dither.

What we’ve just seen is the most partisan impeachment in American history, every step of it politically calculated. Obviously, if Democrats perceived advantage in stretching the process out, it would still be going on. There would be more witnesses; more 300- or 600-page committee reports to try to add heft and gravity to vague allegations of inchoate misconduct; more speeches about Trump as a threat to democracy and life as we know it; etc., etc.

To the contrary, Pelosi & Co. want this train wreck in the rearview mirror ASAP. The public is indifferent and polls are edging in Trump’s favor. On our local news this morning, the third impeachment of a president of the United States in American history couldn’t crack the top stories — it came in behind cold weather (in December) and the rescue of an elderly man in a gym by a couple of off-duty cops.

No one, of course, has to explain this to McConnell. In public, at least, he’s not a laughing-his-head-off kinda guy, but if he were, he would be.

It’s hard to believe the Speaker’s latest stunt will go on for very long. In the Senate this morning, the Democrats’ minority leader, Senator Chuck Schumer, renewed his demands about trial procedures, discovery, and witness testimony. There was no discernible hint of doubt that the House would soon deliver its impeachment articles, such as they are.

But since we’ll be playing trivial pursuit for a more few hours (days?), we might as well ask: As long as the House withholds the impeachment articles from the Senate, has Trump been impeached?

In the law, there are many situations in which an outcome is known, but it is not a formal outcome until some ministerial act is taken. A grand jury can vote an indictment, for example, but the defendant is not considered indicted until the charges are filed with the clerk of the court. A defendant can be found guilty by a jury, but there is technically no conviction until the judgment is “entered” by the trial court, usually months later when sentence is imposed. An appellate court can issue a ruling that orders a lower court to take some action, but the lower court has no jurisdiction to act in the case until issuance of the appellate court’s “mandate” — the document that formally transfers jurisdiction.

Plainly, Congress has similar ministerial acts of transference that must occur in order for legislation to pass. Were that not the case, Speaker Pelosi would not be talking about delaying the transfer of impeachment articles.

So it’s all well and good for the Speaker to hold up the works that Democrats, five minutes ago, were breathlessly telling us had to be carried out with all due haste. But many scholars take the position that the Constitution requires a trial if there has been an impeachment. If such a trial cannot properly occur unless and until articles of impeachment have been transferred from the House to the Senate, and Speaker Pelosi won’t transfer them, has President Trump actually been impeached?

Sure, it’s a stupid question . . . but we’re living in stupid times.

Reprinted with permission from - National Review - by Andrew C. McCarthy

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BajaRon

Pelosi is a joke. The democrats are a joke. Impeachment is not a joke. But the democrats have degraded their sacred duties to an incredibly irreverent low. They don’t respect the US Constitution, the rule of law or the American citizen. Much less the nation they are supposed to be serving.

Yes, America is a joke to the left. It is now up to the people to make them go away.

Ruth Rutherford

I read the editorial in Christianity Today and thought how uninformed the editor was. He has obviously taken in the mainstream media indoctrination of the general public. When we voted for President Trump we were not voting for a preacher, we were voting for a business man. We voted for him over the woman who was selling this country down the river, having lied about Benghazi, supported government paid for abortion services, and was pulling for more open borders. While I don’t care for the name-calling, and uncultured language of President Trump, I am delighted that the frenzied charges against him by the Democrats have produced no criminal acts. They have, however revealed much corruption in the Deep State. And his list of positive accomplishments for our amazing USA runs pages in length. Hail to The Chief!

GreggT

So much misinformation today……no thanks to our current media.
I ran into someone yesterday who actually thought Pres. Trump was no longer in office because he had been “impeached”.
So much for an informed electorate.

We Will Not Be Silenced

The only way to force congress to do their job, is to vote in legislators that truly work for the people.

J. FARLEY

SOME HOW SOME WAY THE COURTS NEED TO STEP IN AND FORCE THE HOUSE TO TURN OVER THE ARTICLES OF IMPEACHMENT SO AS TO GIVE PRESIDENT TRUMP DO PROCESS , THIS IS AN OUTRAGE , THIS IS THE ONLY PRESIDENT TO GET THIS KIND OF TREATMENT . THE LEFT WILL DESTROY THIS GREAT NATION.
TRUMP/PENCE 2020 GO TRUMP, GO REPUBLICAN KEEP AMERICA GREAT

Jack

Why would the House do anything in line with proper Judicial Procedure now? This has ALL been a HOAX from the very beginning. They’re doing what ever they want with zero consequences. They (Democrats) are destroying the country and due processes as outlined in the Constitution in true Obama fashion. NOTHING will be done to the corrupters. As has been said before, no one in our capital is going to point a finger or hold anyone accountable because they are all corrupt and don’t want anyone looking at their endeavors. President Trump has done everything he can do to point this out and drain the corrupted swamp. But some people just don’t get it.
MAGA!!! FOUR MORE YEARS!!!

Frank S.

I sure hope and pray the American voters “get woke” in the next 2020 elections and really punish the Dems for their disgusting partisanship. I am incensed when I see how they try to wrap themselves in the American flag and the U.S. Constitution, calling themselves patriots, when they are in fact just the opposite. Then they have the audacity to quote the Founders and Framers to support their weak arguments for impeachment. I gotta use Cicero’s quote one more time ’cause it’s just so fitting: “A nation can survive its fools and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for they are known and carry their banners openly against the city. But the traitor moves among those within the gates freely, their sly whispers rustling through all alleys, heard in the very halls of government itself. For the… Read more »

Melissa wycoff

Not impeached, this was as illegal ad hell!
Pelosi is a laughing stock!

‘Nonymus

Everything should have a statute of limitations. Not sure of what game they’re playing right now, but you can bet that it’s not following any rule of due process. It’s time for the the senate and or the Supreme Court to send the message of “put up or shut up” to these seditionist in the house!

Hdrydr

Here’s an update…Now the Democraps are going after the V.P., Pence. This sham has gone too far. Congress is not doing its job. They are however going through with their dream of a coup. This is outright TREASON. All of their “evidence” is predicated on LIES. The deep state (Democraps and globalist) are trying to destroy America and scrap the Constitution.

stewee

Since Pelosi dismissed the House without doing what she should, Mitch should just dismiss the charges and expunge them.

Centurion

I have yet to see any list of crimes actually committed by our President. Piglousy says he abused the powers of his office. Well, show me an example of what he did. Piglously says he obstructed Congress. Tell me what he did. Give me a for instance. This is all a scam and Piglousy knows it. Her hatred drives her.

Wayne D Peterkin

The simple answer is that there is no impeachment until the House delivers the indictment to the Senate for trial. In addition, there is no constitutional grounds at all for the House to have any input at all to the trial process which is delegated to the Senate. Pelosi has no legal ground to stand on here. The ball is now in the Senate’s court. There is nothing but a Senate rule that these articles be delivered and the Senate alone can alter that rule by a simple majority vote. The Senate can establish a date for trial and if the House does not provide the impeachment articles and their “prosecutors” the entire matter can be dismissed by the Senate for lack of an indictment or any evidence. This travesty needs closed very quickly, so Pelosi can either put up or shut up. She is demanding that she get a… Read more »

Chuck

The Democrats and Deep State needs to be trampled the way the U.S. Constitution and rule of law is being trampled in this partisan kangaroo court.

Stephen Russell

They never gave US our side in the House & I say NO to thier wishes, works both ways OK
Make=
Urge immediate trial for President & bring justice to Dems.
& how long will they hold these up, weeks, month??
Never done before.
Deny them like they denied US in House or use House side for Senate our side that would apply to House comm

Tom Duffett

I had a thought: Maybe Madam Speaker is waiting for a more accommodating Senate. Is there a time limit on the transfer of articles of impeachment to the Senate?

Diana

There needs to be away to prosecute these enemies of this country and the democratics socialist politicians have proved this over and over again send in the Federal Marshals and arrest all involved that includes those hiding in the background obama, soros, bloomberg, they are footing the bill to get this one world order going they have to be dealt with to double the punishment by Law and some even ejected from this country with their families never allowed here again, then We the People must demand new stronger laws ag this kind of garbage one make congress part time so no more perks No healthcare, No retirement, cut in pay, and even those that are retired everything cancelled the government did it to the working class so now it is done to them, Term limits, 2 years, limited to 2 – 2 year terms, the senate 3 years, 2-3… Read more »

Patriot Will

Personally, I do not believe that Adolf Pelosi and her Gestapo have the right to demand anything from the Senate. Since when does the Senate receive its orders from the Speaker of the House? Pelosi is a puppet to AOC and the Squad. McConnell is not a puppet to Pelosi!

Alfonso Bedoya

I LOVE to see Pelosi’s cutting of her own wrinkled throat. She cares NOTHING about the country she is supposed to be serving; instead, she is again manipulating the political system and treating the American working voters like puppets. She will NOT get away with it; there are still too many voters who are savvy enough to see through her glass house. Just one shot from a Red Ryder BB gun (Oh…GOD….I hope I’m not turned in to some faceless gummint agency under some obscure Red Flag law) will shatter her carefully-crafted house of lies and obfuscation. Go for it, Nancy Pantsy, and we will all continue to enjoy the cartoon you have created!

Hal Lemoyne

The demoncrat party are criminals and they are also powerful political criminals

they wrote Governing Rules for themselves AND

they wrote another set of Governing Rules against Us US public in which they

enforce as selfpleasingly as they desire

BUT the Governing Rules they wrote for themselves, they out did russia’s stalen

because stalen didn’t care about making his russian public being just submissive

stalen loves watching people die extremely horrible as his entertainment

whereas the corrupt enslaving demoncrats loves making their dollars off of their

punching constant forced taxes hikes by our laborings & our personal lifes investments

But now WE US have our

TRUMPence our/his US ReTRUMPlican Lawmakers 2016-2028 successfully US Landslide Reelected assuredly
Amen & Amen!!!