1/ @NoahRFeldman and @tribelaw are engaged in what may truly, and literally, be described as a paradigmatic *academic* debate about whether the House has already impeached Trump or whether it'll do so only when it exhibits the articles to the Senate.
2/ AFAIK, *nothing* turns on this question except rhetoric.
For what it's worth, however--i.e., nothing!--I think Larry's probably right about the technical question. Or at least, he is according to the terms of the House Resolution itself.
congress.gov/116/bills/hres…
For what it's worth, however--i.e., nothing!--I think Larry's probably right about the technical question. Or at least, he is according to the terms of the House Resolution itself.
congress.gov/116/bills/hres…
3/ H.Res. 755 states that the House "resolves" two distinct things: (i) "That Donald John Trump, President of the United States, *is* impeached for high crimes and misdemeanors"; "and" (ii) "that the following articles of impeachment be exhibited to the United States Senate."
4/ The House has done the first thing, but it hasn't yet complied with the de facto command of the second part of the resolution (to exhibit the articles to the Senate).
To be sure, the House never took a singular vote on H. Res. 755 itself; instead, ...
To be sure, the House never took a singular vote on H. Res. 755 itself; instead, ...
5/ ... it took distinct votes on each of the two articles. But that's because the Rules Committee resolution involving H.Res. 755--H. Res. 767, which the House approved earlier Wednesday morning--prescribed that "[t]he question of adoption of the resolution [755], as amended, ...
6/ ... shall be divided between the two articles." The House's two votes on 755 together, then, approved 755, which effected the House's impeachment of Donald Trump (by "resolving" that he "is" impeached) *and* resolved that the House shall exhibit the articles of impeachment ...
7/ ... to the Senate. Moreover, section 8 of Chapter 27 of the House Rules specifically provides that "The respondent in an impeachment proceeding *is impeached* by the adoption of the House of articles of impeachment."
govinfo.gov/content/pkg/GP…
govinfo.gov/content/pkg/GP…
8/ On my reading, then, the House already has impeached Donald Trump . . . *not that it matters*!
