President Donald Trump has not been impeached, according to Noah Feldman, one of the Democrats’ top impeachment witnesses.
In an op-ed at Bloomberg News, Feldman explains that Pelosi’s plan to withhold sending the articles of impeachment to the Senate out of fear of a politically biased trial would actually stop the process of impeachment before it was finalized.
Feldman explains, “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. 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.”
Feldman goes on, writing “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.”
As he explains, media headlines claiming that Trump has been “impeached” are media shorthand and not an accurate legal statement. Currently, the House has only voted to impeach, but they have not yet actually impeached the President.