Trump Lawyers Ask If Pelosi Delay Means He Isn’t Impeached Yet

[mystery-ak]

Trump Lawyers Ask If Pelosi Delay Means He Isn’t Impeached Yet
[Bloomberg]
Jennifer Jacobs and Justin Sink
,Bloomberg•December 19, 2019

(Bloomberg) -- Lawyers close to President Donald Trump are exploring whether House Speaker Nancy Pelosi’s decision to temporarily withhold articles of impeachment from the Senate could mean that the president hasn’t actually been impeached.

The case is a rhetorical one following Wednesday night’s vote to impeach the president on two articles. The U.S. Constitution grants the House of Representatives full authority over impeachment. But the argument is part of an effort by the White House and Senate Republicans to maximize their leverage as lawmakers debate when and how to conduct a trial on charges that the president abused his power to solicit an investigation into political rival Joe Biden, and obstructed the congressional investigation into the matter.

The White House legal theory, according to a person familiar with the legal review, is that if Trump has been officially impeached, the Senate should already have jurisdiction. Backers of the theory would argue that the clause of the U.S. Constitution that gives the Senate “the sole Power to try all Impeachments” indicates that the impeachment isn’t formalized until the House reported the charges to the upper chamber.

more
https://news.yahoo.com/trump-lawyers-ask-pelosi-delay-201835209.html

[libertybele]

Perhaps this will force the ole bat's hand.

[mystery-ak]

Oops! Leftist Law Professor Who Testified for Democrats: Actually, Trump Isn't Impeached Yet
https://townhall.com/tipsheet/katiepavlich/2019/12/19/professor-who-testified-for-democrats-just-so-you-know-trump-isnt-impeached-until-pelosi-tells-the-senate-n2558325

[mystery-ak]

Democratic witness says Trump not impeached until Pelosi informs Senate
https://www.washingtonexaminer.com/news/democratic-witness-says-trump-not-impeached-until-pelosi-informs-senate

[Maj. Bill Martin]

I think that law professor has illustrated my avatar -- he's the leftist blind squirrel, because he's right on this one thing.

If Trump is impeached, the Senate should be able to proceed.  So the only reason the Senate cannot proceed is if Trump has not been impeached.  The House has voted "to impeach" him, but has not yet executed that vote.

Makes sense to me.

[aligncare]

So, Trump is half impeached? I guess being half impeached is better than being fully impeached...and conversely for rabid democrats, half an impeachment is better than no impeachment at all.

How do you all see it? Is the impeachment half empty or half full?

[Bigun]

I think that law professor has illustrated my avatar -- he's the leftist blind squirrel, because he's right on this one thing.

If Trump is impeached, the Senate should be able to proceed.  So the only reason the Senate cannot proceed is if Trump has not been impeached.  The House has voted "to impeach" him, but has not yet executed that vote.

Makes sense to me.

@Maj. Bill Martin what happens if someone is indicted by a grand jury but never prosecuted?

[Maj. Bill Martin]

@Maj. Bill Martin what happens if someone is indicted by a grand jury but never prosecute

Unless the Defendant chooses to waive it -- and most do -- the trial must begin within 70 days.  That's because of the 6th Amendment's speedy trial requirement.  I could see McConnell using that time limit, and if the Dems don't move the articles of impeachment over, then the Senate would just have a vote to dismiss for failure to prosecute, and cite the 6th Amendment.  It's uncharted territory, but I think that would be a defensible move.

[Bigun]

Unless the Defendant chooses to waive it -- and most do -- the trial must begin within 70 days.  That's because of the 6th Amendment's speedy trial requirement.  I could see McConnell using that time limit, and if the Dems don't move the articles of impeachment over, then the Senate would just have a vote to dismiss for failure to prosecute, and cite the 6th Amendment.  It's uncharted territory, but I think that would be a defensible move.

 

[mystery-ak]

Pelosi insists partisan gavel banging means Trump’s ‘impeached forever’, Dem lawyer bursts her bubble
https://www.bizpacreview.com/2019/12/20/pelosi-insists-partisan-gavel-banging-means-trumps-impeached-forever-dem-lawyer-bursts-her-bubble-866638

[libertybele]

Finally the MSM is starting to report the WH stance.  Waiting to see the reaction of the liberal voting base if the possibility of Trump not truly being impeached continues to hit the airwaves.  The moment of impeachment is what they've been waiting for and now to find out that he may not be impeached because Nancy is delaying sending onto the house, I don't think is going to sit well. 

https://www.msn.com/en-us/news/politics/white-house-considers-arguing-that-trump-wasnt-impeached/ar-BBYczX2

[Maj. Bill Martin]

Pelosi insists partisan gavel banging means Trump’s ‘impeached forever’, Dem lawyer bursts her bubble
https://www.bizpacreview.com/2019/12/20/pelosi-insists-partisan-gavel-banging-means-trumps-impeached-forever-dem-lawyer-bursts-her-bubble-866638

Okay, I'm now changing my view.  The law professor is wrong.  The House gets to determine whether or not the President is impeached, and Pelosi is now on the record publicly as confirming his impeachment.

At that point, the Senate has jurisdiction.  So wait for McConnell to set that timetable.

[IsailedawayfromFR]

Okay, I'm now changing my view.  The law professor is wrong.  The House gets to determine whether or not the President is impeached, and Pelosi is now on the record publicly as confirming his impeachment.

At that point, the Senate has jurisdiction.  So wait for McConnell to set that timetable.

What I suggest is that just saying 'He is impeached' means nothing.  There must be reasons on why someone is impeached so a trial can take place on that basis.

How does the House formally convey those reasons, i.e. - Articles of Impeachment?  So how can the Senate act upon anything if the House does not provide?  Could the Congressional record of the House on the vote be used to establish the reasons?

[massadvj]

This is purely a matter of semantics, but since practically nothing but semantics means anything to the nut cakes on the left, then I guess I go with "not impeached." Now maybe someone can tell me the difference between a transgender male versus a girl pretending to be a boy. Everything these days is semantics, it seems.

[Right_in_Virginia]

This is purely a matter of semantics, but since practically nothing but semantics means anything to the nut cakes on the left, then I guess I go with "not impeached." Now maybe someone can tell me the difference between a transgender male versus a girl pretending to be a boy. Everything these days is semantics, it seems.

Semantics don't really matter.  I'm guessing the House wants to hold off on the trial as a Sword of Damocles --- and pull the pin on impeachment when it best serves their political goals in 2020. 

@massadvj

[DCPatriot]

Okay, I'm now changing my view.  The law professor is wrong.  The House gets to determine whether or not the President is impeached, and Pelosi is now on the record publicly as confirming his impeachment.

At that point, the Senate has jurisdiction.  So wait for McConnell to set that timetable.

Fully realize it's not the same thing...

In Real Estate Law, a Contract is 'RATIFIED' upon delivery of paperwork signed by all parties.

Until you DELIVER, any party can change their minds, based upon there being 'No Contract'.

[massadvj]

Semantics don't really matter.  I'm guessing the House wants to hold off on the trial as a Sword of Damocles --- and pull the pin on impeachment when it best serves their political goals in 2020. 

@massadvj

I always maintained Pelosi wanted nothing to do with a trial.  I did not think there would be an impeachment. Turns out I still might be right.

[Cyber Liberty]

I always maintained Pelosi wanted nothing to do with a trial.  I did not think there would be an impeachment. Turns out I still might be right.

It does vindicate your original thought.  There is a good chance you were right.   I never expected this particular stunt. 

I think it's pretty novel.  We need to meet demands from the Prosecutors for what they define as a "fair trial?"  Since when do we care about what Prosecutors think on the subject?  "Fairness" doesn't apply to the Prosecutors (or the State), it applies to the accused.

It's the President who should be demanding a fair trial, not Pelosi.  The Rats have stood this on its head.

[dancer]

So, Trump is half impeached? I guess being half impeached is better than being fully impeached...and conversely for rabid democrats, half an impeachment is better than no impeachment at all.

How do you all see it? Is the impeachment half empty or half full?

I suspect it was a sham show.  He isn't technically impeached, but the Dems can use it to validate their pathetic attempts to gain power.

[IsailedawayfromFR]

All he has to do is ask Chris Wallace, not exactly a friend of Trump's
Chris Wallace: Dems 'contradict everything they were saying' before vote with impeachment delay
https://www.washingtontimes.com/news/2019/dec/20/chris-wallace-dems-contradict-everything-they-were/

[Cyber Liberty]

All he has to do is ask Chris Wallace, not exactly a friend of Trump's
Chris Wallace: Dems 'contradict everything they were saying' before vote with impeachment delay
https://www.washingtontimes.com/news/2019/dec/20/chris-wallace-dems-contradict-everything-they-were/

To which I reply, "No chit, Sherlock.  You guys always seem to figure things out a day late and a dollar short.  Try to be a bit quicker."  They never do, they always lapse right back into swallowing the snake oil.  Ol' Chris will be back on the plantation by tomorrow morning's show.

[corbe]

Well, Is Trump Impeached Yet, or Not? — Here Are The Facts

There has been a lot of confusion and questions about what happened after the House voted to impeach President Donald Trump.
 
Published 4 hours ago on December 21, 2019 

By Warner Todd Huston
   
There has been a lot of confusion and questions about what happened after the House voted to impeach President Donald Trump. Is he impeached, or what? Well, here are the facts…

First of all, yes, he is impeached in as much as the vote was recorded.

But according to some sources, the official filing of that vote has not yet been completed, so, Trump still isn’t quite impeached “all the way,” if you will.

That is according to leftist law professor Noah Feldman, a man who testified FOR impeachment for the Democrats.

According to Bloomberg:

<..snip..>

https://thewashingtonsentinel.com/well-is-trump-impeached-yet-or-not-here-are-the-facts/

[Formerly Once-Ler]

According to Erwin Schrödinger, President Trump is in a quantum state of being both impeached, and the most dense matter in the universe.