SCOTUS: No Articles of Impeachment or a Trial Are Required For The Senate to Acquit President Trump
Article publisher:
The Post & Mail
Article date:
23 December 2019
Article category:
National News
Medium
Article Body:
CAIRCO Note:
House Democrats are extending the politicial Stalinist Impeachment Show Trial of President Trump. The Senate then conducts a trial based on Articles of Impeachment transmitted from the House.
However, the Senate does not have to wait for receipt of Articles of Impeachment to aquit a falesly accused President.
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. Even liberal Justices Stevens and Souter concurred in the ironclad judgment. The case is Nixon v. United States, 506 U.S. 224 (1993).
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.
Feldman isn’t trying to help the President. 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....
Appearances are deceptive. 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....
But formal transmission of the articles is not required by the Constitution for there to be an impeachment.
The Senate has no authority to determine what conduct is impeachable or what process the House uses to impeach. On the other hand, the House has no authority over the Senate’s sole power to acquit, or convict, or the process invoked to either end....