Constitutional lawyer and conservative commentator Mark Levin dubbed President Donald Trump’s impeachment by the House “null and void” and called House Speaker Nancy Pelosi (D-Calif.) out for attempting to “obstruct Senate’s power,” while raising the possibility for Senate Majority Leader Mitch McConnell (R-Ky.) to end impeachment.
“Nancy Pelosi was apparently advised by leftwing Harvard law professor Lawrence Tribe to delay sending the impeachment to the Senate,” Levin said in a four-part tweet on Dec. 19. “So she’s unilaterally sitting on the impeachment. This is another brazen unconstitutional act.”
Levin’s statement comes as Pelosi is contemplating withholding the Democrats’ articles of impeachment from the Senate to try to pressure the Republican-controlled Senate to bend to Democratic demands on conducting a “fair” impeachment trial, the Daily Wire reported.
“So far we haven’t seen anything that looks fair to us,” Pelosi told reporters after the Wednesday House vote. “That would’ve been our intention, but we’ll see what happens over there.”
But Levin has argued that McConnell could take advantage of Pelosi’s plans.
“Here’s what Mitch McConnell and the Senate Republicans must do in response: The Senate has the sole power under the Constitution to adjudicate an impeachment,” Levin tweeted. “Therefore, Pelosi is attempting to obstruct the Senate’s power to act on its constitutional authority.”
“McConnell should immediately put an end to this and declare the impeachment null and void as the speaker has failed to complete the impeachment process by timely sending it to the Senate for adjudication,” he added.
Politico in a Dec. 18 report noted that the House speaker’s remarks “echo suggestions” pointed out by other Democrats throughout the day to “inject new uncertainty into the impeachment timetable and send the House and Senate lurching toward a potential institutional crisis.”
“Though the House adopted two articles of impeachment charging Trump with abuse of power and obstruction of congressional investigations, it must pass a second resolution formally naming impeachment managers to present the case in the Senate,” Politico explained in its Wednesday report. “That second vehicle triggers the official transmission of articles to the Senate.”
Levin reasoned that the House majority leader should have equal power to the House speaker, and Pelosi’s efforts are ultimately in vain.
“McConnell has no less authority to unilaterally make such a decision than Pelosi does to withhold the administrative notification of an impeachment to the Senate either indefinitely or [with] conditions,” Levin concluded. “Her effort to cripple the presidency [and] blackmail the Senate must be defeated.”
Rep. Debbie Lesko (R-Ariz.) among other Republicans has long denounced Democrats’ controversial impeachment procedures and tactics.
“Closed door secret meetings, selectively leaked details, refusing to allow Republican witnesses, and releasing the Schiff report and witness list right before the hearing all indicate an unfair, politically biased ordeal,” Lesko said in a Dec. 6 statement.
“House Democrats do not seem to grasp that they cannot legitimize such an illegitimate process halfway through,” Lesko pointed out. “This process has been unfair for the president and the Republicans from the start, with Democrats ignoring the historical precedents outlined in the Clinton and Nixon impeachments. When it comes to Trump, Democrats have created a whole new set of rules. For them, the end justifies the means, no matter how devoid of due process and fairness those means are.”