Pelosi’s impeachment cloud is “Clear and Present Danger”

House Speaker Pelosi's faiure to promptly deliver the alleged Articles of Impeachment to the Senate creates a dangerous cloud of uncertainty over the office of the Commander in Chief.

Mark Langfan

OpEds Trump impeachment inquiry, lead by House Judiciary Committee chief Jerry Nadler
Trump impeachment inquiry, lead by House Judiciary Committee chief Jerry Nadler
Mark Langfan

At the recent House floor debate over the two articles of alleged impeachment, the House Democrats officiously ranted and raved that they were in an urgent race to “Impeach” President Trump because he was “a clear and present danger” to the country. 

However, with House Speaker Pelosi failing to promptly deliver the alleged Articles of Impeachment to the US Senate for an impeachment trial, the Democrats have, in fact, proven that House Democrats themselves are the real “clear and present danger” to the United States of America. 

Speaker Pelosi’s “reality TV” escapade has cast a catastrophic cloud of uncertainty over the office of the President of the United States and severely compromised the President’s standing before foreign leaders.  This degradation of the Commander in Chief's authority represents a “clear and present danger” to the country., so that if Speaker Pelosi doesn’t deliver the articles of alleged Impeachment to the US Senate for a prompt trial, the Senate should sue the House in Federal Court. It must demand a resolution of whether the House has 1) in fact, invoked the constitutional alleged impeachment, and 2) whether jurisdiction of the alleged Impeachment has passed over to the US Senate.


The Democrats have created an uncharted constitutional crisis that the responsible members of the Senate need to end by immediately bringing the issue to the Supreme Court for resolution.
What does the actual legal definition of “clear and present danger” entail,? It is a phrase repeatedly used by the Democrats, as in  “Trump is a ‘clear and present danger’ to the United States.”  The Merriam-Webster “legal definition” of the phrase is “a risk or threat to safety or other public interests that is serious and imminent, especially : one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government.”  That means that the Democrats are saying that Trump is so dangerous that the legislative branch (i.e. the House of Representatives) can violate the US Constitution to affect the goal of his ouster. 

I, of course, am not in any manner advocating any violation of the Constitution. However, given Speaker Pelosi’s failure to deliver the articles of alleged impeachment, I am asserting that the Democrats have created an uncharted constitutional crisis that the responsible members of the Senate need to end by immediately bringing the issue to the Supreme Court for resolution.

I repeatedly add the word “alleged” before the word "impeachment" because the Democrats are trying to tar the President with the word “impeached,” when actually the House has only achieved “alleged” impeachment.  Only a Senate trial can actual find a President guilty”of impeachment. The Democrats are trying to inflate the word “impeach” to mean that he is already found guilty of something, when he is actually found guilty of nothing.

At issue in Pelosi’s coveting the potentially still-born articles of alleged impeachment, are the two provisions of the US Constitution that govern impeachment in the Legislative Branch. On the House side of impeachment, you have Article I, section 2, Clause 5 which provides: “The House of Representatives ... shall have the sole Power of Impeachment.” and,on the Senate side of impeachment, you have Article I, Section 3, Clause 6 and 7 that provide: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.” 

Had Speaker Pelosi acted according to accepted procedure and transmitted the article of alleged impeachment to the Senate, there would be no constitutional conflict, and a clear transfer of impeachment jurisdiction.  However, with Pelosi’s delay there is now a deep and extremely dangerous legal question of whether the actual legal jurisdiction of the alleged iImpeachment has transferred over to the Senate. If impeachment jurisdiction has not left the House for the Senate, then the House’s impeachment has not actually occurred.

Speaker Pelosi’s version of the ”Game of Thrones” has created a US constitutional storm because both constitutional clauses claim each organ of the legislative branch has the mutually exclusive “sole power” of its respective actions (i.e the House's sole power to vote to impeach, and the Senate's sole power to try an impeachment). It is a situation that seriously degrades the core effectiveness of the President in his constitutional role as Commander in Chief of our armed forces and the delay could be seen by our foreign adversaries, such as Iran or North Korea, as a military weakness that they can exploit. 

Given the clear and present danger such a prolonged Impeachment cloud represents for the constitutional functioning of the American Republic, it is incumbent on the Senate leadership to force the House Democrats into Federal Court to clarify the legal question of the exact jurisdictional ownership of the House’s alleged impeachment.  The Supreme Court has to quickly determine exactly where impeachment stands.  Otherwise, the House Democrats have taken the entire country hostage to their unconstitutional coup d’etat.



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