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.”
arhardt 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.”
“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.