Rob Natelson: The Senate may proceed with the trial

by Ed Berry, Ph.D., Physics

Rob Natelson (my personal friend) wrote in The Hill on December 24 that the Impeachment by the House is complete. It does not have to be “delivered to the Senate” to be complete. The Senate may proceed with the trial in the absence of the “delivery” by the House.

Robert G. Natelson is Senior Fellow in Constitutional Jurisprudence at the Independence Institute (@i2idotorg) a free market think tank in Denver. He was a constitutional law professor for 25 years and has published extensively on the Constitution and the Founding.He is the author of The Original Constitution: What It Actually Said and Meant (3d ed. 2015)

Natelson wrote:

Nothing grants her [Speaker of the House] any authority to block, or even suspend, formally-adopted bills or resolutions.

On the contrary, if the Speaker holds back a duly-adopted impeachment resolution as a way to influence Senate trial procedures, she is unconstitutionally interfering with the Senate’s “sole Power to try all Impeachments.”

Natelson’s argument in his post makes sense to me.

So, please tell Montana US Senator Steve Daines, Mitch McConnell, and all other Republican US Senators that they do not have to wait for the Speaker of the House to “deliver the Impeachment” to the Senate.

Kimberley Strassel

7 thoughts on “Rob Natelson: The Senate may proceed with the trial”

  1. Most of us are just hoping that the Majority Leader doesn’t mess this up. It would be great to have a trial and bring out all of those behind this corrupted impeachment attempt and more, but perhaps the AG Barr and his prosecutor will do that for the American Public and justice for all those people in our agencies and in the Senate will pay a price for what they did and are still trying to do.

  2. With all due respect, I don’t think that is the issue. The issue is whether the articles of impeachment are worth anything – and they are not. As pointed out by another attorney, there is nothing in the law about “abuse of power”. Hence there can be no violation. Also, part of the President’s job is to “obstruct Congress” – the Executive branch serves as a check and balance on Congress. They cannot impeach the President for doing his job – which is exactly what he’s doing. Both the President and his aides are immune from having to appear before Congressional committees. He’s broken no law. The articles of impeachment are rubbish. I believe said articles must also be bipartisan – and they are not. The whole thing is a farce. It’s a coup – not an impeachment.

    1. Bingo. The President also holds a constitutional duty that

      “he shall take Care that the Laws be faithfully executed” (Article II Sec. 3)

      Running for public office does not provide a party with legal immunity.

      The Marxist err.. Democratic House impeached Trump for fulfillling his sworn duty – unbridled contempt of the US Constitution.

      Many of us would like to see the disgraceful actions and those responsible publically embarrassed, if not held to account. However, a trial would only compound the offense by legitimizing an illegitimate process. The best solution would be a summary dismissal, supported by Senate condemnation of the House actions and expungement of the record, at least from the Senate’s record.

      1. Agree 100%. Just finished reading Kimberley Strassel’s book “Resistance” and she goes into great detail showing all the lies that were advance to try to remove our President from day one.

  3. I read that democrats in the house are forced to vote for impeachment otherwise….. I am not an US citizen despite that I read about the attempts of the Democrats to get the president out of his job cause he was lying about what happened in the Ukraïne. Don’t tell that the EU in cooperation with the US are and were blocking the open sea for Russia for all kind of geopolitical reasons, you will be blamed not to respect the international law. So be prepared for war with Russia. Writing this doesn’t mean I support Russia. I have to write that down as I experience that a lot of people do only think in pro or anti at the moment, which is the way computers are instructed to carry out orders and also the way AI has been developped. In what way climate change is used for that goal isn’t known to me. Politicians mostly always are mixing up ideas to achieve what to they want.

  4. I agree with Professor Natelson. All you have to do is read the Constitution. It says the impeachment occurs in the House and the trial is in the Senate. It doesn’t say anything about requiring the House deliver the articles to the Senate before the trial can commence. The impeachment vote was conducted in public.

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