White House Tries To Argue That Trump Wasn’t Really Impeached
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White House Tries To Argue That Trump Wasn’t Really Impeached

January 7, 2020


Right now the white house is crafting a new
plan in their impeachment defense of Donald Trump, and that plan is this. The impeachment never actually happened and
they’re basing that argument on an op-ed from a Harvard law professor by the name of Noah
Feldman, who also happened to be one of the legal experts that the Democrats called in
to testify during the impeachment proceedings. Mr Feldman is 100% in the belief that Donald
Trump should be impeached and removed from office. He does believe that Donald Trump committed
those crimes, but at the same time, Mr Feldman argued in a recent op-ed that Donald Trump
was not in fact impeached yet. Here’s what he said, in this op-ed, 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. 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. And that appears to be the path that the white
house is considering going at this point. They want to make the argument to the public
that, Hey, you know that thing that just happened? Yeah, totally didn’t actually happen. This guy was not impeached. Another Harvard law professor by the name
of Lawrence Tribe came along shortly after and said, yeah, I love you Feldman, but you’re
totally wrong about this. And Tribe said, uh, under article one, section
two, clause five, he was impeached on December 18th, 2019 he will forever remain impeached. Period. That portion of the constitution says that
the house of representatives shall have the sole power of impeachment. So kind of up one of those crossroads, I guess,
right? Almost like a Supreme court case. Depends on your interpretation of the constitution. Now, if you believe that the constitution
says what it says, then yeah, the president was impeached. If you want to read things into it, that likely
aren’t there, but you could probably make a case that they should be there and they
were meant to be there. Then maybe you could argue he wasn’t impeached. But here’s the thing. The white house is considering using this
argument from Feldman as their new defense, that hey, it didn’t actually happen. And part of the reason for this is not just
because they think they can hoodwink the public. I mean as a whole, the public not that great
on things, uh, but they’re not that dumb. The reason they want to use this argument
is to force Pelosi’s hand to force her to send those articles over to the Senate where
Mitch McConnell will quickly dispose of them. That’s what this is all about. It’s not about trying to convince the public
that what they saw happened didn’t actually happen. It’s to force Nancy Pelosi to send those articles
over and make the whole thing go away. Because until that happens, those articles
are just sitting there. They’re hanging over Donald Trump’s head,
like some kind of haunted mistletoe and he can’t get out from under it and it’s driving
him insane. But we’re going to see more insane arguments
like this as time takes by the longer Polosi holds on to those articles, the more unhinge
this entire administration is going to become, which is going to make them far more riuh-
likely to rely on these kind of, you know, skeptical, weird legal arguments that when
you look at the actual constitution, you see that those arguments made by people like Feldman
aren’t actually in there.

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  1. Feldman has a nice theory, and I quickly talked myself out of agreeing with him when I tried to explain it to someone. While most of the time proper procedure at the proper time is a necessity and things aren't true until the paperwork is properly filed. However, this is a bit different.

    I see this very much like a sentencing document in a criminal case or the final declaration in a civil case; what the judge speaks from the bench in open court is the actual law. The best evidence of that law is the written order until a transcript or recording of the open court proceedings are entered into the case file. If the judge or clerk wrote out the order incorrectly and the judge signed it, it is NOT valid if it does not agree with his spoken word in open court.

    In the case of impeachment the vote is what matters. It does not matter what happens with the paperwork afterword, whether it is filled incorrectly, misfiled, or not filed at all, the matter approved by a vote in open session, whether roll call or not, is law. In this case, the president IS impeached, and it does not matter what is done with the paperwork. Perhaps the next step can't take place if the matter is not correctly filed but there is nothing to legally prevent the senate from proceeding if they wish because there is better evidence of the law than a paper sitting on Pelosi's desk, but not transmitted to the senate.

    The proceedings of the day, including the vote, were televised on CSPAN and on several cable new outlets. Anyone who cares to look can find the archive video files, and that is all the proof anyone needs to take the matter to the next step or to prove that everyone here is playing political games to cheapen the process. It's time for both sides to grow up and do their jobs.

  2. They're right, and Noah Feldman is right. All Pelosi has to do is send the articles to the Senate, and he will be impeached. Might be a technicality, to some, but that's the way law works. I like how Noah backs up what he says by explaining the logical reasoning behind it, while the other guy simply recants the section verbatim.

  3. drumpf voters will believe it. idiots.
    nothing happened; nothing ever happened; we are all still in socrates' cave.

  4. Apparently the trump white house thinks they have the continuity stone…

    NEWS FLASH DUMMIES, you can't erase history.

  5. Didn't the WH lie when saying Trump wasn't at the recent G7 because he was meeting with the foriegn leaders of India and Germany? All while those two leaders were actually sitting in their seats at the meeting itself under way while Trumps seat was…..empty? Cannot even trust the WH now, they cover for Trumps lies!!

  6. Why a Harvard law professor would defend this piece of shit simply beggars belief.

    Did Trump grab him by his pussy?

  7. History will remember 2016-2020 as the whacky years for America
    That was the time when a stupid moron was president

  8. Look guys! This is not that complex it is akin to having a trial in the criminal Realm and the criminal is found guilty they then move on to the sentencing phase of the trial where the criminals innocence is not debated they simply decide what punishment is appropriate for the crime. The fallacy is everybody is calling it a senate trial and it is not a trial it is a mechanism to decide the sentence of someone who is already guilty.

  9. Noah feldman kissing bushes ass till death lmao😂 not knowing he is kissing clintons trumps bushs feet.😭😭😭😭😭😭😭😭

  10. This is for all of you Trump hating leftist on here. Pay attention. Investigators have released the following info. On the evening of July 5, 2016 1,976 megabytes of data were downloaded from the DNC's server. The operation took 87 seconds. This yields a transfer rate of 22.7 megabytes per second. In July of 2016 there were no ISP's capable of downloading that amount of data in the specified time in a hack. Investigators have determined the data was downloaded directly from the server by someone (s) who had direct physical access to it. The DNC knew this. So, the dumbass Dems wasted over two years and over 35 million dollars trying to prove something happened when they knew for a fact that it hadn't. There was no Russia, Russia, Russia and the DNC knew it. Why don't you leftist idiots get off of this bullshit, garbage channel and try doing some real research? You might just learn something. Dumbasses.

  11. IF TRIBE SAID IT, IT IS TRUE. NO ONE SMARTER THAN TRIBE. WE WANT MORE ARTICLES. DUH, HOW ABOUT THE EASIEST ONE—MAYBE A BILLION DOLLARS OF EMOLUMENTS.
    DO UR JOB IMPEACHMENT INQUIRY!!!!!!!

  12. "The reason they want to use this argument is to force Pelosi's hand to force her to send those articles over to the Senate where Mitch McConnell will quickly dispose of them. That's what this is all about. It's not about trying to convince the public that what they saw happened didn't actually happen. It's to force Nancy Pelosi to send those articles over and make the whole thing go away."

    THIS is the core of the mess. Pelosi, with all her faults and bullshit, sees that Micky is hell bent on making the accusations disappear. He, and several other republicans, have PUBLICLY stated they will acquit even before the trial starts. Withholding the articles is necessary until an impartial jury can be convened. My thought is try it before the international court. Make the senate defend honestly. Since the SCOTUS is presiding, a change of venue would be needed to ensure a fair trial. One of the tenets of our judicial system is fair trial. This works both ways. The prosecution can dismiss jurors if they feel the juror is not going to be impartial and fair just like the defense. In this situation, it is obvious that the senate republicans are NOT going to be impartial. Since they have the majority, any trial in that body will be legally invalid especially considering the public statements and the senate leader coordinating with the white house on not only how to proceed, but also what to allow. The SML is SUPPOSED to be in the position of jury foreman as I understand it.

    I lived through the Clinton impeachment and the subsequent trial. To my recollection, the WH provides the legal defense team, not the Senate majority party. Since I am not a constitutional scholar and there are so many sources on who does what, may I please have someone explain who does what in the trial? I do know that the house sends a prosecutorial team to try the articles, but that is where I start getting fuzzy.

  13. O.J. Simpson was charged with murder, but wasn't actually convicted… That doesn't mean he was innocent, nor did it mean he wasn't responsible for those deaths, which courts later rules he was. He also paid the price for it financially and reputationally. So even IF these fools were right, and Dondy Tchump wasn't impeached, Dondy will still pay the price for his sins, financially, and reputationally. But of course, Dondy was impeached, any attempt to claim the opposite is mere juvenile sophistry. You can say it is open to interpretation, but that isn't factual. The constitution is clear.

    Donny-wonny sat on a wall. Donny-wonny had a great fall. All the republican's horses and all the republican's men, couldn't put Donny-wonny back together again!

  14. Donny-wonny sat on a wall. Donny-wonny had a great fall. All the republican's horses and all the republican's men, couldn't put Donny-wonny back together again!

  15. Of course. Drumpf honestly believes his words alter reality, in accordance with his will – much as if he was deeply involved in Ceremonial Magick ~ Thelema as postulated by Crowley.

  16. The Democrats strategy is this.  Wait until Senators Warren and Sanders need to head out to Iowa and New Hampshire to campaign.  "Sorry Klobuchar, Booker, Bennett but you know you didn't have a chance anyway.  Our favorite, Joe Biden, and our second choice Mayor Buttigieg aren't senators"

  17. Great.. Now we can thank Pelosi for invalidating his first term.. This means he could possibly have 3 terms in office. A better play would've been to wait on 2020 election and if he wins proceed with the impeachment. Which maybe that's her plan and is why the Senate hasn't received the impeachment bill yet.

  18. Impeachment is the process 'before' articles go go to the Senate. Duh….! That is why the articles are called 'Articles of Impeachment'!
    But that dumbass base will believe it.

  19. Look into my eyes. You are getting sleepy, sleepy, so sleepy. You will believe whatever I tell you. It doesn't matter that it is the MOST BRAINLESS INSANE BULLSHIT that you have ever heard in YOUR ENTIRE LIFE!!!

  20. This is definitely feeling like a half-assed impeachment!
    Now I'm wondering if the Dems can just sit on em indefinitely, or can they "expire" at some point, and they can't be sent to the Senate?
    What's the shelf-life on these peaches?!?

  21. I thought he was building the wall politics tried to stop him by holding funds i thought? Then i thought trump said on live t.v he started a page where we can donate money for them to build the wall? Is this happening or did he lie???? ill volunteer to help build it people keep trying to stop it so much… 😠

  22. Only impeachment in history that doesn't accuse the president of a crime. The charge of Obstruction of Congress for going to the courts is the weakest charge in history, It will be a permanent embarrassment for Democrats. What this guy neglects to mention is that Pelosi holding up the articles was a threat from Chuck Schumer to McConnell if he didn't meet Schumer's demands. Well, McConnell didn't and is more than happy to not have the articles sent over. They're busy reshaping the federal judiciary. I believe 25% of all federal appeals court judges have been appointed by Trump. The Trump administration is not honoring the "blue slip" veto power of senators from the states where the appointments are made. Liberal courts are becoming a thing of the past. Even the ultra liberal ninth circuit is in jeopardy.

    This impeachment is a clown show and Nancy is probably regretting allowing it to go forward as a partisan hit job. In addition, if she sends the articles then all the Democrat Senators running for president will be taken off the campaign trail until the trial concludes. She's trying to make the trial as fundamentally unfair as the House process and is failing miserably. In the past, Republicans have always given in to demands from the Democrats. But McConnell has had a spine transplant and isn't giving an inch. No matter what she does this isn't going to end well. Public opinion has changed on impeachment by about 15 points. The whole point was to weaken Trump to make him vulnerable. The result has been to pretty much assure his victory.

  23. As a Millennial, I’m PROUD to say this: Feb 3rd: First Day Of Primary Elections Day. If you don’t receive your ballot by mail within the first week (2/10/2020), Please re-register under Democratic Party. Please remind your families and friends!

    And Please vote for Bernie Sanders in the Primaries. Most Electable President, Ever! ! Vote Of A Lifetime. Our defining Moment in American History. ❤️

    Here’s To US. And To:
    ❤️🇺🇸✊✨A Happy New Era !✨✌️
    https://youtu.be/6pfA_K9dUjI

  24. Why would it force Pelosi’ hand? Even if correct, all she would need to do is send them to the senate, which she can do any time. This is simply a sign of how desperate they are. I suspect the real reason they are doing this is to keep baby happy by saying he wasn’t really impeached.

  25. THIS HAS BEEN THE WORST ADMINISTRATION EVER!!! SO SICK OF POLITICS AND POLITICIANS!!! They will do anything to get into office. Once elected, (based on lies and false promises), the "tax-payers are the ones who get screwed!" NOT THE RICH ONES, JUST THE POOR HARD-WORKING, LIVING PAYCHECK TO PAYCHECK!! SO WHICH CATEGORY ARE YOU IN???🤔🤨🤑🤑🤑🇺🇸🗽🇺🇸

  26. HEY YOU DUMB DEMOCRATS
    YOU BEEN FIRED……….YOU BEEN IMPEACHED……………..WE DONT LIKE YOU CAUSE YOU SUCK

  27. This jackass of a president deserves to be thrown out on his ass ,nothing but a lunatic ,lying piece of crap of a human being,what a joke of a leader.

  28. This dude is stupid. You actually thinks he gives a shit? A man that cheated on his pregnant wife. That's your plan to get him out the white house? I guess we'll see president pence then Ivanka. Stupid.

  29. Trump is all about smoke and mirrors…manipulation and deflection…and his “cult” followers are the perfect audience for his performance.

  30. Until the articles are delivered to the Senate the House only voted on articles of impeachment Baldie Farron. There's a big difference. Don't worry, we Republicans will block obstruct delay investigate Philip Buster and lame duck the next Democrat President anyways 🙂

  31. All of these people from Yale and Harvard coming out and not helping at all just tells me one thing: a lot of people had mommy and daddy by their way through college

  32. His base believes it. They are dumber than burnt toast. Reading the comments on the fox channel will give you a headache.

  33. How far DOWN will TRUMP DUMMIES dig their DEEP HOLE before they discover they have buried themselves in RADIO ACTIVE LIES.
    ⚠️👇🤐👇⚠️
    The IMPEACHMENT IS REAL DUMMMIES!!!!
    The IMPEACHMENT IS REAL!!!!

  34. The end

    No MORE elections Trump Sika sika sika sika DEPOPULATION DEPOPULATION DEPOPULATION DEPOPULATION DEPOPULATION

  35. Hold on to them until the state of the union then fold them into a paper airplane and hit that orange dipshit in the back of the head with it!

  36. Feldman's argument is uninformed. Yet he is repeated without investigation. A simple check of the dictionary defines Impeachment is an indictment. Surely a journalist should do this first. Removal is the second step that the senate deals with.

  37. Wow.
    A damn lunatic,in the company of lunatics.
    Nancy is a smart woman.
    She knows exactly what she's doing.
    Moscow Mitch has the REPUBLICAN senators all geared up for fix.. even went as far as saying so publicly.
    Because of the fact she won't play ball with their plan, now they(Repukes) want to nullify Trump's Impeachment like it never happened,all due to some wanna be know it all adding rules to the Constitution that aren't there.
    Let's face it, the guy took a payoff to write his Opinion piece..so Repukes will embrace it.

  38. Fat orange Fuck! No logic or reason. He's a laughingstock. It's not even FUCKING ME FEEL!!!!

  39. Well that shows how uninformed and ignorant the WH staff is in there understanding of the responsibilities of the 3 coequal branches of govt. it is the responsibility of congress to bring the articles of impeachment against a sitting President. If found guilty it is the roll of the Senate to to determine the consequence to the President; either censure (tut tut) or dismissal from office.

  40. Millie McConnell needs to have a few seats….Thanksgiving is over, Turkey neck. He's heritage is from a line of turkeys with that type of neck. Never saw that before on a human.

  41. Oh but it was done. Thats like saying the house is surrounded by cops but they haven,t knocked on the door yet.

  42. Fine.
    But the House will eventually send the articles over.
    And to that they will also add several more articles of t'arumps law breaking.

  43. Don't call it the WH no fucking more as it is clearly being run and controlled by putin himself. It is now a Russian Embacy, smfh.. Trump and republicans are clearly his puppets willing to infiltrate and betray. WTF are you doing white America, smfh.. ALL OF AMERICA WAKE THE FUCK UP AND CANCEL THIS ENTIRE ADMINISTRATION!

  44. Art 1 section 2 Clause 5 under The United States Constitution clearly states that Trump has been impeach and will remain so.

  45. Nancy hold on to the impeachment papers until Hell Freezes Over as long as you got the papers Donald Trump cannot squeeze a turd out he shot this little general he think he a hero now Donna will not boo boo the fool

  46. Same thing trump has done all along when he lied , just act like it didn't happen. He does it long enough his supporters believe him. HOW in Gods name did we elect this horrible person? OH! That's right! HE cheated!!!

  47. Add on a few more articles of impeachment. Emoluments act and starting a war without Congress approval. Senate can't argue that the House has the sole power to control the president's actions and could impeach. The sole duty of the Senate is to decide to either remove or acquit. Since the President has made a bond move as to attack another nation without Congress approval, they are now more defiant as to remove him before he's a global threat!

  48. He has been impeached. Now it is up to the senate to remove him from office or not.. he will always be impeached just like Clinton.. Mr Feldman is delusional just like Trump..

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