Nancy Pelosi’s plan to withhold the articles of impeachment until they get what they want will backfire. It certainly is unconstitutional and deprives the President of his right to a fair trial, an opportunity to face his accusers and to due process.
The Democrats might have jumped the shark.
Famed liberal lawyer Alan Dershowitz says that Speaker Pelosi got the idea to withhold the articles of impeachment as a negotiating tactic from Laurence Tribe [a very far-left Trump hater]. The goal is to keep the Senate from conducting a trial, he says.
The famed constitutional lawyer also says it is unconstitutional.
But how can this be? Democrats are wrapping themselves in the Constitution?
Dershowitz said the idea is to “withhold the trial until the Senate agreed to change its rules, or presumably until a new election put many more Democrats in the Senate. Under his proposal, there might never be a Senate trial, but the impeachment would stand as a final and permanent condemnation of President Trump.”
“It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people. Put bluntly, it is hard to imagine a worse idea put forward by good people.”…
“President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial.”
He would never have the right to confront his accusers or disprove the charges.
This would deny him the right to confront his accusers and to disprove the charges against him. Tribe himself uses a variant of this analogy.
Imagine if the situation was reversed. There would be riots, hysteria, and an outraged media.
IT COULD MEAN THE ARTICLES OF IMPEACHMENT ARE NULL & VOID
Democrats are scared. They have nothing. They acted like last-minute holiday shoppers as Jonathan Turley said and now they have to live with what they’ve done.
Noah Feldman, the professor who testified for the Democrats during the impeachment trial, thinks Trump isn’t officially impeached since the House Democrats haven’t sent the articles to the Senate.
That case can be made.
Wouldn’t that be a well-deserved kick in the butt?
Laurence Tribe, father of Dem withhold-articles-of-impeachment scheme, and Noah Feldman, Dem impeachment expert witness, disagree over whether Trump has been officially impeached, since House Dems are sitting on the articles. pic.twitter.com/RBsimVBzy7
— Byron York (@ByronYork) December 20, 2019
Additionally, it’s clear that Democrats demanding witnesses and testimony in the Senate makes it clear that their so-called strong case is not strong at all.
A.B. Stoddard said last night on ‘Bret Baier’ that there is a lot of pressure on Democrats to wait it out until they have more [or something] on the President.
The Democrats have no case and they’re running scared. This latest gambit might be their worst.
The House has no right to tell the Senate what their rules must be and they are using unconstitutional means by which to force the issue. That is the bottom line and they mustn’t be allowed to get away with stepping all over the Constitution. We don’t believe Mitch McConnell will let them.