Trump: Impeachment 'Should Not Even Be Allowed to Proceed'

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Posted: Jan 12, 2020 8:05 PM
Trump: Impeachment 'Should Not Even Be Allowed to Proceed'

Source: AP Photo/Evan Vucci

House Speaker Nancy Pelosi announced Friday that she was finally willing to transmit two articles of impeachment over to the Senate next week so the upper chamber could begin its impeachment trial of the president. On Sunday, President Trump tweeted his thoughts on the looming Senate trial, echoing concerns that such a trial only gives credence to the partisan House witch hunt that masqueraded itself as a legitimate impeachment inquiry. 

The president also tweeted a video featuring his attorney, Rudy Giuliani, being interviewed by Fox News' Jeanine Pirro on Saturday. In the interview, Giuliani argued the two articles of impeachment against the president should promptly be dismissed at the beginning of Trump's Senate trial. Giuliani said the two articles, abuse of power and obstruction of Congress, are not impeachable acts under the Constitution. 

The former New York City mayor said the two articles of impeachment are not even crimes and therefore should be dismissed by the Supreme Court. Giuliani admitted that there was nothing in the Constitution expressly giving the Supreme Court power over Congress on the subject of impeachment, but Giuliani also pointed out that there was nothing in the Constitution expressly giving the Supreme Court power to declare a law passed by Congress unconstitutional. The Supreme Court should similarly step in like they did in the Madison decision, Giuliani argued, to resolve the clash between the two branches of government. 

Alternatively, the president's attorney said the articles of impeachment against the president could be dismissed at the start of the Senate trial in much the same way that other charges are dismissed at the beginning of many criminal trials. While Senate Majority Leader Mitch McConnell makes the Senate rules, Giuliani noted, Chief Justice John Roberts will have the power to dismiss the articles of impeachment against the president.

If the two articles against President Trump were dismissed under either scenario, Giuliani argued it would be like the president was never even impeached. 

"Well then it becomes the only impeachment dismissed for being non-constitutional," Giuliani said, "and I would say if it's non-constitutional then it's null and void. It's like it shouldn't have happened. It's totally illegal."

Trump tweeted the interview, calling it a "Great idea," adding the "Impeachment Hoax should not even be allowed to proceed."

In a separate tweet, the president asked, "Why should I have the stigma of Impeachment attached to my name when I did NOTHING wrong? Read the Transcripts! A totally partisan Hoax, never happened before."

If the two articles of impeachment aren't summarily dismissed, Giuliani warned that frivolous impeachments would likely become a regular occurrence in Washington -- a town where, as Giuliani notes, politicians like to get even.