Pelosi Now Guilty of Articles of Impeachment

After declaring the impeachment of President Trump on two Articles of Impeachment, Abuse of the Powers of the Presidency and Obstruction of Congress, Speaker of the House Nancy Pelosi and other Democratic House leaders threatened to delay transferring the documents containing the articles to the Senate for trial. This threat of delaying the articles came with a demand to Senate Majority leader, Mitch McConnell, that he reach an agreement with the Senate Minority leader, Chuck Schumer, as to the procedures for the trial.

 

Despite being in the Democratic minority and therefore subject to being overruled by the Republican Majority of Senators, Schumer is demanding how the trial should proceed. According to Adam Shaw writing the day after the impeachment: “Pelosi is expected to meet soon with Senate Minority Leader Chuck Schumer about a Senate trial. On Sunday, Schumer had requested that the Senate issue subpoenas for documents and witnesses who had not testified during the House Impeachment inquiry. McConnell responded by stating that the House should have been more thorough, and it was not the Senate’s role to do the House’s “homework” for them.” Pelosi was quoted about the delay of the articles: “The next thing for us will be when we see the process that is set forth in the Senate”. Speaker Pelosi’s delay of transferring the articles in the attempt to influence the procedures for the Senate trial are a direct violation of the exact charge of the Democrats Articles of Impeachment against President Trump. Let me explain.

First, The Constitution is brief but clear about the respective roles and powers of impeachment for the House and Senate. By Article 1, Section 2:

“The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. By Article 1, Section 3: “The Senate shall have the sole Power to try all Impeachments…. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in cases of Impeachment shall not extend further than to removal from Office”.

Note that the Constitution does not provide for any method of transferring “Articles of Impeachment”, but solely provides for that the House have the “sole” power of impeachment and the Senate have the “sole” power of trial of the impeached President.

Speaker Pelosi’s delay of sending the Articles of Impeachment until the Senate satisfies her (and the Senate minority leader) as to the procedure for the trial is an unConstitutional abuse of her position, as she has absolutely no power over the Senate trial. The House had the sole power over impeachment, and exercised that power without involvement by the Senate during the process.

Many criticized the process as being rushed and showing a lack of due process to the President. Regardless, the Constitution left that process in the sole power of the Democratically controlled house. At this point, the roles have reversed and the Senate has the sole power and has requested the Articles. Pelosi has denied the Senate the sole power of the trial process with her actions, and has therefore become guilty of obstruction of the “upper” Senate in Congress, as President Trump was charged with obstructing the lower House of Representatives in Congress. A difference is that the administration sought appeal to the Supreme Court over the issue of Executive privilege, why Speaker Pelosi is acting without any Constitutional warrant.

Some have claimed that the Impeachment Articles are “indictments”, of which prosecutors have the discretion of delay or even moving forward to trial, and therefore Pelosi can delay transfer at her whim. This argument fails on all levels, as the Articles are expressly not criminal indictments. The conclusion of Article 1, Section 3 specifically reads: “The Party convicted (Impeached) shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to the Law.” The Articles are not indictments and the House Democrats have say in the Senate trial, as the Senate had not say in the House impeachment.

Arguably, Majority Leader McConnell could begin trial without the documents containing the Articles of Impeachment, as the Impeachment and Articles charged are public record. The problem is that this causes even more division with an Impeachment that has been beyond divisive for the American people. The Democratic leaders holding up the Articles in order to have some power over the process of the Trial are in violation of their oath of office: To support and defend the Constitution of the United States. Regardless of how much they may hate the President, or believe he should be thrown from office, their oath of office and the Constitution demand they quit the political games and let the process work as the Founders’ intended.

All parties have known from the start that the Democratic House would impeach and the GOP Senate would acquit. Those bringing the Impeachment knew the reality. In less than 11 months, the people of the United States will have their chance to make the final judgment of this Impeachment and the President. It’s time to let the Constitution work.

God Bless America!

 

Bill Connor, is an Orangeburg, S.C. attorney, Army Infantry Colonel and author of the book “Articles from War.”