Excerpts from article:
...The United States Supreme Court - in a 9-0 holding - unequivocally ruled that no trial is required for the Senate to acquit, or convict, anyone impeached by the House of Representatives.
...Once you comprehend the momentous importance of this case, you will then understand why Harvard Law School professor (and Democrat impeachment witness), Noah Feldman, recently published an article erroneously claiming that President Trump hasn't been impeached yet.
...He knows the Senate can acquit immediately without waiting for Speaker Pelosi to transfer articles of impeachment, or for House impeachment managers to be appointed.
...This is because the Supreme Court has ruled - in the Nixon case - that how the Senate goes about acquitting or convicting any impeached person is non-justiciable, in that the Senate's power is plenary and the Supreme Court may not even review it.
...This means that if the Senate acquits Trump immediately - without a trial - the Supreme Court has no authority, whatsoever, to review the Senate's acquittal, and there isn't a damn thing the House can do about it.
...Feldman is distracting the nation from understanding the full scope of Senate acquittal authority.
...Feldman's true game is to provide cover for Pelosi's power play in not delivering the articles of impeachment or choosing House impeachment managers, neither of which is necessary for the House to impeach.
...The Constitution doesn't mention "articles of impeachment" or "impeachment managers." And once the House impeaches, the Senate takes over.
...House Resolution 755 states that the House voted to impeach President Trump, and it voted to exhibit articles of impeachment to the Senate.
...Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate:" The resolution passed.
...The Senate has no authority to determine what conduct is impeachable or what process the House uses to impeach.
...Feldman realizes this is true, so he invented a bogus unwritten requirement into the Constitution, to the effect that impeachment is a process requiring transmission of articles of impeachment to the Senate.
...The Senate voted to use Senate Impeachment Rule XI, allowing the presiding officer to appoint a committee of Senators to "receive evidence and take testimony." The committee did its work then presented the full Senate with a transcript of the proceeding and a report on the facts.
...The presiding officer then entered judgment removing Nixon from his office as United States District Judge.
...Nixon thereafter commenced suit, arguing that Senate Rule XI violates the constitutional grant of authority to the Senate to "try" all impeachments because it prohibits the whole Senate from taking part in the evidentiary hearings.
...The Supreme Court accepted the case, and then ruled that they had no power to review the Senate's impeachment process.
...The Senate committee prepared a report, submitted the report to the Senate, and the Senate voted to convict.
...Nixon demanded a full trial before the entire Senate.
...The Supreme Court held that it did not have the power to review the Senate's conduct.
...If the Senate proceeds with a motion to dismiss, or a motion to acquit the President, no trial is required.
...The Senate can simply acquit the President without trying him, because the Senate alone has the power to convict or acquit.
...Not only did the Supreme Court reject the assertion that it could review the Senate's conduct in acquitting or convicting any person impeached by the House, the Court held that it couldn't even identify a limit upon the Senate's authority to acquit or convict.
...He also argued in federal court that the Senate owed him a trial before the full Senate, after he too was convicted by a Senate committee report.
...District Court initially threw out Hastings' impeachment conviction in the Senate, but after the Nixon ruling, that decision in favor of Hastings was vacated.
...The district court then dismissed Hastings' suit as non-justiciable according to Nixon.
...He ignores the most important Supreme Court decision in US history regarding impeachment.
...Rather than agreeing with his fairy-tale construction of impeachment authority, the President's legal team should be pressuring the Senate to rightfully acquit the President immediately, before the House can invent more fake facts from deep state saboteurs that Pierre Dilecto and friends will rely upon in removing the President from office.
...The majority opinion in Nixon quotes Federalist Paper No.
...66 in discussing that the framers intended each chamber of Congress be a check on the other, whenever one might abuse its sole power regarding impeachment: "Nixon fears that if the Senate is given unreviewable authority to interpret the Impeachment Trial Clause, there is a grave risk that the Senate will usurp judicial power.
...According to the Supreme Court's holding in Nixon, the Senate has no legal duty to give the House impeachment a trial.
...In 1974, the Duke Law Journal published a comprehensive article about impeachment and removal of the President.
...The Senate could simply acquit the President, dismiss the impeachment, or adjourn sine die, which is what they did when Andrew Johnson was impeached.
...Therefore, the President's legal team should be pushing for a motion to acquit the President immediately.
...The House has no authority to affect how the Senate conducts impeachment proceedings.
Submitted 1595 days ago
