The White House is considering making the argument that President Trump has not officially been impeached, given that House Speaker Nancy Pelosi has not transmitted the articles of impeachment to the Senate, two sources involved in the president’s impeachment defense told CBS News.
The House voted to impeach Mr. Trump on two articles of impeachment — abuse of power and obstruction of Congress — on Wednesday. However, Pelosi told reporters on Thursday that the House would wait to deliver the articles until the Senate had laid out the rules for the trial.
The White House is considering making the case that Mr. Trump has not been impeached based on an opinion piece by Harvard Law Professor Noah Feldman on Bloomberg’s opinion page Thursday. Feldman was one of the legal experts called by Democrats to testify before the House Judiciary Committee earlier this month and has advocated for Mr. Trump’s impeachment and removal from office.
“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,” Feldman wrote in Bloomberg. “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,” Feldman wrote.