According to Bloomberg, a White House insider leaked new information suggesting that Trump is planning to launch a bold new assault against the Democrat impeachment crusade.
An anonymous insider reported that the White House may be planning to argue that Trump hasn’t actually been impeached because House Speaker Nancy Pelosi (D-CA) hasn’t advanced the articles of impeachment to the Senate.
In fact, Pelosi has outright refused to disclose when, if ever, she plans on sending the articles to the higher chamber. House Majority Whip Jim Clyburn (D-SC) came right out and said in response to CNN anchor John Berman’s question if it’s possible that House Democrats will never transmit the articles of impeachment:
If it were me, yes, that’s what I’m saying. I have no idea what the speaker would do. But if you have a preordained outcome that’s negative to your actions, why walk into it? I’d much rather not take that chance.
Senate Majority leader Mitch McConnell (R-KY) pointed out that Pelosi’s refusal to move forward with impeachment is puzzling, given the “weeks of pronouncements about the urgency of the situation,” and observed that “Democrat prosecution seems to have gotten cold feet and be unsure about whether they want to proceed to the trial.”
It seems as though Trump’s team has seized upon this impasse as an opportunity to attack impeachment from a new angle, and they have at least one expert behind them. Democrat impeachment witness and legal expert Noah Feldman wrote an editorial published by Bloomberg News in which he said:
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.
The White House is apparently in agreement with Feldman’s assessment, and the anonymous source told Bloomberg that Trump’s team is angling to cite the provision in the constitution that awards the Senate “the sole Power to try all Impeachments.”
Since Nancy Pelosi hasn’t sent the articles of impeachment to the Senate in time, the Senate won’t even have the opportunity to consider actually impeaching Trump until the new year, giving the White House plenty of time to develop their strategy.