WASHINGTON — Democrats wasted no time celebrating the passage of two articles of impeachment against President Trump on Wednesday night. Almost as soon as the votes were tallied, House Speaker Nancy Pelosi and Democratic leaders held a press conference in which they announced that they were not ready to transmit those articles to the Senate.
According to a Congressional Research Service explanation of impeachment procedures, the managers will then “read the resolution authorizing their appointment and the resolution containing the articles of impeachment on the Senate floor and then leave until the Senate invites them back for the trial.”
Where did the idea of a delay come from?In part, from a widely-shared Washington Post op-ed by the Harvard Law scholar and Barack Obama mentor Lawrence Tribe. Clyburn agreed with that description of his view of the matter, thus effectively endorsing the maneuver. Is the Democrats’ tactic legal?“The Constitution leaves room for arguments on both sides of the question of whether the House could withhold from transmission to the Senate articles of impeachment,” says Joshua Geltzer, a constitutional scholar and visiting professor of law at Georgetown University. All that the Constitution says on this is that the House shall have"the sole power of impeachment" and that the Senate shall have"the sole power to to try all impeachments.
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