Some are claiming that Trump has not technically been impeached yet because the House has not formally transmitted the articles to the Senate. So, if the Senate refused to take the articles, would he also remain "unimpeached"? Since when does anything hinge on the "transmittal"?
I mean, this arcane Constitutional Law debate is actually kind of interesting -- but it's also heightening the absurdity of the impeachment melodrama with each passing second
If you say the president being impeached hinges on the completion of this obscure "transmittal" process, you can then play out a number of harebrained scenarios. What if the Senate just goes into recess for the next year? Trump would not have been impeached?
The House passed a resolution stating, "Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors."
Because the House has the sole power to impeach, it would seem that Trump has therefore been impeached
Because the House has the sole power to impeach, it would seem that Trump has therefore been impeached
The Senate, which in turn has the "sole power" to try impeachments, maintains this power irrespective of whether the articles are ever "transmitted" -- the transmittal process is not covered by the Constitution. The Senate could hold a trial tomorrow. Verdict: Trump = impeached
It's true that current Senate rules state that an impeachment trial begins "whensoever the Senate shall receive notice from the House of Representatives" but the Constitution supersedes those rules: the rules have no bearing on whether the president has been impeached
The rules can be changed pursuant to the Senate's "sole power" to try impeachments. The House withholding transmittal of articles doesn't obviate this power: the Senate determines how it wields the power, through rules. In any event, Trump has been impeached. Class dismissed
Addendum: Jonathan Turley, the GOP's chosen constitutional law expert, says that Trump was in fact impeached. I agree. jonathanturley.org/2019/12/20/tru… I also just called into @jimmy_dore to discuss this because one of you tweeted at me to do so: you're welcome
