@late @Drlee @Stormsmith
Noah Feldam was one of the partisan Democrat law professors Jerry Nadler had testify in congress. He also is one of the law scholars Drlee and Late keep claiming as evidence to impeach president Trump.
The Democrats are now going to turn their back on this guy. I can't wait to hear the POFO excuses on this one.
A Law Professor’s Provocative Argument: Trump Has Not Yet Been Impeached
Adam Liptak
By Adam Liptak
Dec. 20, 2019
WASHINGTON — Maybe President Trump has not been impeached after all, or at least not yet.
Impeachment happens, according to Noah Feldman, a Harvard law professor, only when the House transmits the articles of impeachment to the Senate.
So “technically speaking,” he said, “the president still hasn’t been impeached.”
That idea has left much of the legal academy unconvinced, including Laurence H. Tribe, one of Professor Feldman’s colleagues at Harvard. “The argument is textually bizarre, historically inaccurate, structurally misguided and functionally misleading,” Professor Tribe said.
Professor Feldman was one of three constitutional scholars to testify in favor of impeachment before the House Judiciary Committee this month. Jonathan Turley, a law professor at George Washington University and the sole scholar invited by Republicans to testify against impeachment at that hearing, also disagreed with Professor Feldman.
Mr. Trump was impeached on Wednesday, Professor Turley said. “Article I, Section 2 says that the House ‘shall have the sole power of impeachment.’ It says nothing about a requirement of referral to complete that act.”
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The question of precisely when impeachment happens would ordinarily be of interest to almost no one. But it has taken on at least symbolic weight given Speaker Nancy Pelosi’s statement that the House may not transmit the articles of impeachment until it is satisfied that the Senate will conduct a fair trial.
Professor Feldman set out his views in a Bloomberg Opinion article on Thursday and elaborated on them in an interview. History supported his position, he said, as the framers of the Constitution drew on English procedures under which the House of Commons brought charges of impeachment to the House of Lords.
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“The act known as impeachment was an act that took place in the upper house when people from the lower house appeared at the bar of that other house and said, ‘We hereby impeach so-and-so for high crimes and misdemeanors,’” Professor Feldman said.
He added that the term itself supported his view.
“If you think of the other meanings of the word ‘impeach’ — impeaching the credibility of a witness, for instance — it happens when you are looking at a person and saying ‘you have done wrong,’” Professor Feldman said. “You’re impeaching their character, you’re impeaching their credibility. That’s an act that you do in the forum where the decision will be made.”
But impeachment is functionally similar to a criminal indictment, and few people would say a grand jury had not indicted someone after voting to do so even if no trial followed. But Professor Feldman said that was a poor analogy.
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The Constitution itself is terse. As Professor Turley noted, it gives the House “the sole power of impeachment,” which suggests that the House may also decide when it has impeached the president. The Senate, by contrast, is granted “the sole power to try all impeachments.”
In his article, Professor Feldman wrote that “the constitutional logic of impeachment” requires the House to transmit the articles before the president can be said to have been impeached. “A president who has been genuinely impeached,” he wrote, “must constitutionally have the right to defend himself before the Senate.”
Professors Feldman and Tribe used the same thought experiment to come to opposite conclusions on the question of when impeachment happens. Suppose, they said, that President Richard M. Nixon had not resigned in the face of pending impeachment, as he did, but after the House voted for articles of impeachment and before transmitting them to the Senate.
https://www.nytimes.com/2019/12/20/us/t ... peach.html