Speaker Pelosi’s latest partisan stunt of not sending over the Articles of Impeachment to the Senate is creating a variety of opinions on the legal ramifications but almost universal agreement that it is another bad idea for her. Let’s sample three current and former Harvard Law professors.
Professor Noah Feldman makes the point that President Trump has not yet been impeached as a result of Speaker Pelosi’s actions. In an op-ed entitled Trump Isn’t Impeached Until the House Tells the Senate, he states:
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.Read more
Let’s start with a tweet from a lawyer with experience in congressional investigations in both parties:
The debate on Article I reveals one of its more fundamental flaw. It doesn't allege a crime (like the Nixon and Clinton abuse of power articles did). It also doesn't allege that @realDonaldTrump committed an act that is unlawful (but not criminal).— Sam Dewey (@samueledewey) December 12, 2019