Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

mahatmakanejeeves

(57,257 posts)
Fri Dec 20, 2019, 01:25 PM Dec 2019

What impeachment?

This screencap looks like she's asking to speak with the House's manager.



I mean, was Trump "really impeached"?



It's becoming a full-blown talking point. After Ingraham asked whether Trump was "really impeached," Fox's David Asman said this morning:

"We may not have an impeachment if it hasn’t been passed to the Senate....[Trump] doesn’t want an impeachment and so far he doesn’t have it"



This appears to be what they all are referencing.



🧐Noah Feldman, a Harvard Law school professor who testified to House Judiciary earlier this month as a Democratic witness, writes today that "if the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president."


13 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

mopinko

(69,966 posts)
1. rant on you idiots. you traitors.
Fri Dec 20, 2019, 01:31 PM
Dec 2019

not including feldman in this. he is likely correct.
but the idea that this makes on iota of a difference is just one more puff of smoke that is starting to smell bad enough that soon the dead will begin to smell it.
one more shifting talking point to throw on the pyre.
time to light the match.

mopinko

(69,966 posts)
8. because the fact that he is correct, and it takes one more step, in no way implies
Fri Dec 20, 2019, 02:23 PM
Dec 2019

that there is any change in the status of jack shit.
they are making an issue of a technicality. which is the shit they swear they dont do. or at least they used to. they were lying then, but still..

coti

(4,612 posts)
10. He's not right, because it would mean all the Senate has to do is be unwilling to hold a trial,
Fri Dec 20, 2019, 02:26 PM
Dec 2019

and the House can't have impeached the President without going along with anti-Constitutional bullshit.

mopinko

(69,966 posts)
11. meh. it is perfectly appropriate to take the holidays off.
Fri Dec 20, 2019, 02:31 PM
Dec 2019

these people have to make themselves blatantly obvious traitors to pull that off for any length of time.
they have done it to push it this far. this is about leverage and nothing more.
and they desperately need that.

holding out till they pass the rules is not the same as negating the vote.

RockRaven

(14,873 posts)
2. They can deny it all they want to on semantic grounds, there is no way that those articles don't
Fri Dec 20, 2019, 01:33 PM
Dec 2019

get delivered eventually, so it's is a done deal that Dolt45 is forever the bigliest impeached POTUS.

GrOPers/FAUXNews are just trying to poke at Dems to speed it up b/c they want to get the trial over with as quickly and quietly as possible.

 

Wellstone ruled

(34,661 posts)
3. Good golly,
Fri Dec 20, 2019, 01:48 PM
Dec 2019

the Orange Anus has been IMPEACHED!!!!!!

All the screaming and yelling by Murdoch Media and other Right Wing Newies,it not going to change the fact.

The Senate has the duty to demand Removal from office one way or another.

Amazing how the lack of History being taught in our Public Schools has created a class of millions of Ignorant Citizens.

CaptainTruth

(6,569 posts)
4. Was Trump actually elected? We added up the votes & he didn't get the most.
Fri Dec 20, 2019, 01:54 PM
Dec 2019

Plus, the Constitution doesn't place a time limit on when the House can deliver the articles to the Senate.

Reich wing arguments reek of desperation & detachment from reality.

Bonx

(2,051 posts)
7. Longer quote
Fri Dec 20, 2019, 02:18 PM
Dec 2019

""Impeachment as contemplated by the Constitution does not consist merely of the vote by the House, but of the process of sending the articles to the Senate for trial," Feldman wrote in Bloomberg. "Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a trial."

"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," Feldman wrote."

https://www.cbsnews.com/news/is-donald-trump-impeached-white-house-considers-arguing-no-because-articles-of-impeachment-not-delivered-to-senate/

mahatmakanejeeves

(57,257 posts)
13. Laurence Tribe @tribelaw disagrees, says Feldman is making a "clever but wholly mistaken point"
Fri Dec 20, 2019, 05:39 PM
Dec 2019
Laurence Tribe Retweeted

Worth noting that Laurence Tribe @tribelaw disagrees, says Feldman is making a "clever but wholly mistaken point"



.@NoahRFeldman is making a clever but wholly mistaken point when he says Trump hasn’t “really” been impeached until the Articles reach the Senate. Under Art. I, Sec. 2, Clause 5, he was impeached on Dec 18, 2019. He will forever remain impeached. Period.



.
.
.
Nice of you to compliment my book, @NoahRFeldman, but what you call impeachment’s “core” mistakes a part for the whole, a classic logical and, in this case, textual error. Had Nixon resigned right after rather than before the House impeached him, surely he’d’ve been “impeached.”



How is it mistaken, @tribelaw? Since you wrote a great book about it, you surely agree and know that the core of impeachment is and has always been presenting the articles of impeachment in the Senate (or House of Lords in England) and prosecuting the charges.


Latest Discussions»General Discussion»What impeachment?