Professor of Public Policy, Politics and International Affairs at Georgetown University Brad Blakeman has joined a growing group of scholars who argue President Donald Trump has not been impeached because House Speaker Nancy Pelosi (D-CA) has not yet sent the articles of impeachment to the Senate for trial.
Blakeman, who serves as former deputy assistant to President George W. Bush, is also a Republican strategist on FOX News, Fox Business Channel, BBC, CCTV and al Jazeera.
He appeared on Fox News Channel’s morning show Fox & Friends Thursday arguing, “If she doesn’t want to bring the charges to the Senate, then, in fact, he hasn’t been impeached, because the impeachment process means that once the vote is taken in the House it must be filed in the Senate in order for the Senate to take up their responsibility.”
“So, if they don’t consummate their vote by the filing of charges against the president in the Senate, then, in fact, I believe, as many scholars do, that the man has not been impeached,” said Blakeman.
Pelosi said last Thursday that she would delay sending the impeachment articles to the Senate until she was given a clear road map of “the process that is set forth in the Senate” for the trial. “We cannot name managers until we see what the process is on the Senate side,” said Pelosi.
Senate Majority Leader Mitch McConnell (R-KY) has refused to bow to requests from Democrats for new witnesses, arguing that it was the responsibility of the House to lay the groundwork to prove their case.
The House is in recess and will not be able to send over the impeachment articles until it reconvenes on Jan. 7, 2020.
Harvard law professor Noah Feldman, who appeared as a Democratic witness before the Judiciary Committee impeachment hearing, has also argued the process hasn’t been concluded until the House delivers them to the Senate to actually impeach the president.
In an op-ed published by Bloomberg last Thursday he wrote: “The Constitution doesn’t say how fast the articles must go to the Senate. Some modest delay is not inconsistent with the Constitution, or how both chambers usually work.”
“But an indefinite delay would pose a serious problem. 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,” he wrote.
“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,” Feldman argued.
It is time for our lawmakers to pull us out of impeachment limbo. They must come to a consensus about the legality and constitutionality of the Speaker’s actions because the president deserves to be treated with respect.
Democrats have not been able to substantiate their claims that the president committed any crimes with hard evidence, which is the standard set for impeachment under the Constitution. Accusing him of abuse of power ought to be viewed as too constitutionally vague to merit an act as grave as impeachment.
It is time for our leaders to step up and stop playing political games with Trump’s due process rights. In the end this hurts not only President Trump but all Americans.