Harvard Law Professor Noah Feldman

House Speaker Nancy Pelosi is playing games with the impeachment of a President she and her party loathe, as she stalls the delivery of the partisan articles of impeachment to the Senate.

Last night, NBC News reported about Pelosi’s excoriation of Senate Majority Leader Mitch McConnell, R-Ky., for indicating that he would work in coordination with the White House counsel during the impending trial. Pelosi called it the jury foreman being in “cahoots” with the defendant’s lawyer. She said the House has to determine who the impeachment managers are going to be for the trial.

“We’re not sending [the articles] tonight because it’s difficult to determine who the managers would be until we see the arena in which we will be participating,” said Pelosi, who was joined by six chairs of the House committees who lead the impeachment inquiry.

“So far we haven’t seen anything that looks fair to us, so hopefully it will be fairer and when we see what that is, we’ll send our managers.”

“I don’t feel like I’m being impeached,” Trump told reporters last night. Once again, it looks like Trump is correct

Today, Harvard Law Professor Noah Feldman wrote a column for Bloomberg News today, claiming that President Trump is not, in fact, impeached until the House tells the Senate.

The Constitution doesn’t say how fast the articles must go to the Senate. Some modest delay is not inconsistent with the Constitution, or how both chambers usually work.

But an indefinite delay would pose a serious problem. 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. 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.

That’s because “impeachment” under the Constitution means the House sending its approved articles of impeachment to the Senate, with House managers standing up in the Senate and saying the president is impeached.

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