House Speaker Nancy Pelosi (D, CA) is continuing to refuse to deliver her caucus’ Article of Impeachment to the Senate for trial. Leave aside the premises that by withholding her Articles, she is confessing that her caucus has no case to present for trial or that she is functionally absolving President Donald Trump of any impeachable wrong-doing. As The Wall Street Journal noted, her move only trivializ[es] a serious constitutional power and process. As the WSJ further noted,
There’s nothing in the Constitution that says impeachment requires a formal transmittal of the articles to the Senate, whether by sedan chair or overnight FedEx, or that the House must appoint impeachment managers.
Here, though, the WSJ misstated the case:
If she never sends the articles and there is no trial, she will have effectively trampled on executive power and Senate prerogatives by maligning a President without the chance for acquittal at trial.
The claim is certainly true in the latter part, if there is no trial; however, Pelosi’s not sending along the Articles does not mean there can be no trial.
The Progressive-Democrat caucus’ Articles of Impeachment are recorded in the House Journal IAW our Constitution’s Article I, Section 5:
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy….
Of course, there’s nothing requiring Secrecy in the publicly done impeachment process. The Senate can simply collect the Articles from the House’s publicly available Journal and proceed from there. If current Senate Rules don’t have provision for that, it’s a simply enough matter—a majority vote—to adjust its Rules.
Even with the Articles collected on Senate initiative, its current Rules say that a trial can’t be begun until the House appoints its impeachment managers, which Pelosi also is refusing to do. This is another easy adjustment to relevant Senate Rules.
The Progressive-Democrats have impeached our President, and with that, the House’s role in the process is done. All that’s happening now on the House side is a toddler’s temper tantrum, a toddler holding his breath until he turns…blue.