As we reported, questions are now being raised about the propriety of House Speaker Nancy Pelosi sitting on the Articles of Impeachment against President Donald Trump in the wake of the vote and not immediately passing them to the Senate.
The Democrats’ own impeachment hearing witness, Harvard Law Professor Noah Feldman, said that not passing on the articles would mean that Trump hadn’t actually been impeached. He also had an implicit admonishment of Pelosi’s tactic when he said that while a short delay might not be problematic, sitting on them would not only deviate from constitutional protocol but it would also “deny the president the chance to defend himself in the Senate that the Constitution provides.”
Pelosi and the Democrats accused Trump of “obstruction of Congress” because he dared fight requests for documents and witnesses by appealing to the courts, his obvious right to do. Yet, now she’s actually the one obstructing Congress and the Constitutional process here by denying the president a fair trial.
You can’t just sit on the Articles hoping that somehow and someday you’ll get more evidence to support them that you don’t have now or until, you hope, the Senate changes and is more amenable to a guilty vote. The Senate has complete power over the trial, according to the Constitution. The House has no standing upon which to argue that the Senate must “set terms” agreeable to them.
Constitutional expert Mark Levin agreed, called it obstruction and a “brazen unconstitutional act,” according to Townhall.
“Here’s what Mitch McConnell and the Senate Republicans must do in response: The Senate has the sole power under the Constitution to adjudicate an impeachment. Therefore, Pelosi is attempting to obstruct the Senate’s power to act on its constitutional authority. McConnell should immediately put an end to this and declare the impeachment null and void as the speaker has failed to complete the impeachment process by timely sending it to the Senate for adjudication,” he continued. “McConnell has no less authority to unilaterally make such a decision than Pelosi does to withhold the administrative notification of an impeachment to the Senate either indefinitely or with conditions. Her effort to cripple the presidency and blackmail the Senate must be defeated.”
House Democrats have announced they’re done with votes for the year which means they wouldn’t be passing it on before January 7.
Hoyer announces no more votes until January 7. Big cheer goes up in House chamber. This means the House won't approve a resolution on impeachment mgrs & to send impeachment pkg to Senate until at least January, 2020
— Chad Pergram (@ChadPergram) December 19, 2019
So now how will the Senate react back? And will they hold Pelosi’s feet to the fire when even her own expert is implicitly undercutting her actions?
Pelosi’s actions blocking Constitutional process do not look good and whether she’s legally held accountable for them, she’s definitely going to be held accountable in the court of American public opinion.