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SCOTUS: No Articles of Impeachment or a Trial Are Required For The Senate to Acquit President Trump


by Ren Jander, ©2019
Photo courtesy U.S. Senate

(Dec. 22, 2019) — The United States Supreme Court – in a 9-0 holding – unequivocally ruled that no trial is required for the Senate to acquit, or convict, anyone impeached by the House of Representatives. Even liberal Justices Stevens and Souter concurred in the ironclad judgment. The case is Nixon v. United States, 506 U.S. 224 (1993).

Once you comprehend the momentous importance of this case, you will then understand why Harvard Law School professor (and Democrat impeachment witness), Noah Feldman, recently published an article erroneously claiming that President Trump hasn’t been impeached yet.

Feldman isn’t trying to help the President. He knows the Senate can acquit immediately without waiting for Speaker Pelosi to transfer articles of impeachment, or for House impeachment managers to be appointed. This is because the Supreme Court has ruled – in the Nixon case – that how the Senate goes about acquitting or convicting any impeached person is non-justiciable, in that the Senate’s power is plenary and the Supreme Court may not even review it.

This means that if the Senate acquits Trump immediately – without a trial – the Supreme Court has no authority, whatsoever, to review the Senate’s acquittal, and there isn’t a damn thing the House can do about it.

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