Judge Napolitano: Pelosi has constitutional obligation to send impeachment articles to Senate
Judge Andrew Napolitano argues Speaker Pelosi has a moral and constitutional obligation to send articles of impeachment to the Senate because President Trump is entitled to defend himself
House Speaker Nancy Pelosi, D-Calif., has a constitutional obligation to send articles of impeachment to the Senate, Judge Andrew Napolitano said Thursday.
Appearing on "Fox & Friends" with hosts Pete Hegseth, Steve Doocy, and Ainsley Earhardt, Napolitano said that while he has said there was a legal basis for impeachment in the House, lawmakers now have a "moral and constitutional obligation" to send the two articles of impeachment to the Senate.
In a news conference on Wednesday, following the House impeachment vote, Pelosi said that Democrats may wait to send their articles of impeachment against President Trump to the GOP-controlled Senate, for fear that they are incapable of holding a fair trial.
"Well, guess what?" asked Napolitano. "Under the Constitution, the Senate writes its own rules not subject to the approval of the speaker of the House or even the majority of the House."
Earhardt asked Napolitano if the Senate could potentially take up the impeachment case without Pelosi passing it over.
"I don't know," he said. "That's never happened."
"But, the president is entitled to a trial to seek exoneration," said Napolitano. "If these articles just sit on the speaker's desk and go nowhere, that would be a profound and grave injustice to the president."
CLICK HERE FOR THE FOX NEWS APP
"I think she probably won't surrender those articles to the Senate until she gets a commitment to what the trial is going to be," he stated.
"It's not her choice," Doocy shot back.
"Correct," Napolitano agreed. "Just as the Constitution says, the House writes its own rules. It says the Senate writes its own rules."
Fox News' Nick Givas contributed to this report.
Fox News First
Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox.
By entering your email and clicking the Subscribe button, you agree to the Fox News Privacy Policy and Terms of Use, and agree to receive content and promotional communications from Fox News. You understand that you can opt-out at any time.