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IMPEACHMENT - Where Do We Go From Here?
He further wrote:
The cases that are being reviewed are not identical to the challenged subpoenas that form the basis for the second article of impeachment. One involves authority of the New York district attorney to subpoena the financial records of a sitting president, as part of any potential criminal investigation. The others involve authority of legislative committees to subpoena records as part of any ongoing congressional investigations.
But they are close enough. Even if the high court were eventually to rule against the claims by President Trump, the fact that the justices decided to hear them, in effect, supports his constitutional contention that he had the right to challenge congressional subpoenas in court, or to demand that those issuing the subpoenas seek to enforce them through court.
It undercuts the contention by House Democrats that President Trump committed an impeachable offense by insisting on a court order before sending possibly privileged material to Congress. Even before the justices granted review of these cases, the two articles of impeachment had no basis in the Constitution. They were a reflection of the comparative voting power of the two parties, precisely what one of the founders, Alexander Hamilton, warned would be the "greatest danger" of an impeachment.
So, we have reasoned constitutional analysis that tells us that impeachment is a process by which articles of impeachment ("the charges") must be delivered by the House to the Senate in a timely fashion and whereby a trial must be conducted in the Senate on those impeachment charges. Removal from office is a decision made solely by the Senate, based on procedural rules decided upon solely by the Senate. We further have reasoned constitutional opinion, by both liberal and conservative constitutional attorneys, that condemns the games that Nancy Pelosi is playing with impeachment and condemns further the very articles of impeachment that Democrats alone voted in favor of.
President Trump appears to be on very solid ground in his positions first to claim executive privilege with regard to the House Judiciary Committee's subpoenas and second with regard to his criticism of the quid-pro-quo games Nancy Pelosi is playing by withholding the articles of impeachment from the Senate.
The House Democrats pursued their evil purpose and achieved their evil goal - to bring articles of impeachment of President Donald Trump. How proud they must be that they allowed an anger over losing the presidential election in 2016 to Donald Trump to consume their very being, blind their oaths of allegiance to the Constitution, and to corrupt their ability to act as responsible representatives over the most successful free nation in the world to the point that they have made a mockery of our very institution of government and have put the interests of a political party over the best interests of the country. Such a sad day in the history of our country. But the good news is that their part in the process is over. It is now up to the Senate to complete the process. Luckily we don't have the same level of Trump Derangement Syndrome (or the same level of abject stupidity) in the Senate. Nancy Pelosi may try to continue playing games and rigging the process and twisting the rules and perverting the Constitution, but the truth of the matter is that her part is done and the process outlined by the Constitution requires her to send the articles of impeachment to the Senate for a trial in order that President Trump can have his day and defend himself. If she continues to play games, the Senate can force the matter by simply altering the procedural rules. And we hope that will happen to shut her up and to allow her to finally seek the psychiatric help she so sorely needs.
References:
GianCarlo Canaparo, ""Pelosi Powerless to Delay Trump Impeachment Trial if Senate Does THIS," FOX News, December 20, 2019. Referenced at: https://www.foxnews.com/opinion/giancarlo-canaparo-pelosi-cant-stop-trumps-trial-in-the-senate
Noah Feldman, "Trump Isn't Impeached Until the House Tells the Senate," Bloomberg Opinion, December 19, 2019. Referenced at: https://www.bloomberg.com/opinion/articles/2019-12-19/trump-impeachment-delay-could-be-serious-problem-for-democrats
Alan Dershowitz, "Supreme Court Ruling Pulls Rug Rut from Under Article of Impeachment," The Hill, December 16, 2019. Referenced at: https://thehill.com/opinion/judiciary/474710-supreme-court-ruling-pulls-rug-out-from-under-article-of-impeachment
Matt Vespa, "Liberal Lawyer: SCOTUS Just 'Ripped the Rug' from Under the Democrats' Trump Impeachment Push," Townhall, December 20, 2019. Referenced at: https://townhall.com/tipsheet/mattvespa/2019/12/20/liberal-lawyer-scotus-just-ripped-the-rug-from-under-the-democrats-trump-impeachment-push-n2558364?utm_campaign=inarticle
Posted in Uncategorized | Tagged Alan Dershowitz, articles of impeachment, Constitution, Diane Rufino, GianCarlo Canaparo, House democrats, impeachment, impeachment process, Nancy Pelosi, Noah Feldman, President Trump, senate trial, Trump, US House, US Senate | Leave a comment
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The cases that are being reviewed are not identical to the challenged subpoenas that form the basis for the second article of impeachment. One involves authority of the New York district attorney to subpoena the financial records of a sitting president, as part of any potential criminal investigation. The others involve authority of legislative committees to subpoena records as part of any ongoing congressional investigations.
But they are close enough. Even if the high court were eventually to rule against the claims by President Trump, the fact that the justices decided to hear them, in effect, supports his constitutional contention that he had the right to challenge congressional subpoenas in court, or to demand that those issuing the subpoenas seek to enforce them through court.
It undercuts the contention by House Democrats that President Trump committed an impeachable offense by insisting on a court order before sending possibly privileged material to Congress. Even before the justices granted review of these cases, the two articles of impeachment had no basis in the Constitution. They were a reflection of the comparative voting power of the two parties, precisely what one of the founders, Alexander Hamilton, warned would be the "greatest danger" of an impeachment.
So, we have reasoned constitutional analysis that tells us that impeachment is a process by which articles of impeachment ("the charges") must be delivered by the House to the Senate in a timely fashion and whereby a trial must be conducted in the Senate on those impeachment charges. Removal from office is a decision made solely by the Senate, based on procedural rules decided upon solely by the Senate. We further have reasoned constitutional opinion, by both liberal and conservative constitutional attorneys, that condemns the games that Nancy Pelosi is playing with impeachment and condemns further the very articles of impeachment that Democrats alone voted in favor of.
President Trump appears to be on very solid ground in his positions first to claim executive privilege with regard to the House Judiciary Committee's subpoenas and second with regard to his criticism of the quid-pro-quo games Nancy Pelosi is playing by withholding the articles of impeachment from the Senate.
The House Democrats pursued their evil purpose and achieved their evil goal - to bring articles of impeachment of President Donald Trump. How proud they must be that they allowed an anger over losing the presidential election in 2016 to Donald Trump to consume their very being, blind their oaths of allegiance to the Constitution, and to corrupt their ability to act as responsible representatives over the most successful free nation in the world to the point that they have made a mockery of our very institution of government and have put the interests of a political party over the best interests of the country. Such a sad day in the history of our country. But the good news is that their part in the process is over. It is now up to the Senate to complete the process. Luckily we don't have the same level of Trump Derangement Syndrome (or the same level of abject stupidity) in the Senate. Nancy Pelosi may try to continue playing games and rigging the process and twisting the rules and perverting the Constitution, but the truth of the matter is that her part is done and the process outlined by the Constitution requires her to send the articles of impeachment to the Senate for a trial in order that President Trump can have his day and defend himself. If she continues to play games, the Senate can force the matter by simply altering the procedural rules. And we hope that will happen to shut her up and to allow her to finally seek the psychiatric help she so sorely needs.
References:
GianCarlo Canaparo, ""Pelosi Powerless to Delay Trump Impeachment Trial if Senate Does THIS," FOX News, December 20, 2019. Referenced at: https://www.foxnews.com/opinion/giancarlo-canaparo-pelosi-cant-stop-trumps-trial-in-the-senate
Noah Feldman, "Trump Isn't Impeached Until the House Tells the Senate," Bloomberg Opinion, December 19, 2019. Referenced at: https://www.bloomberg.com/opinion/articles/2019-12-19/trump-impeachment-delay-could-be-serious-problem-for-democrats
Alan Dershowitz, "Supreme Court Ruling Pulls Rug Rut from Under Article of Impeachment," The Hill, December 16, 2019. Referenced at: https://thehill.com/opinion/judiciary/474710-supreme-court-ruling-pulls-rug-out-from-under-article-of-impeachment
Matt Vespa, "Liberal Lawyer: SCOTUS Just 'Ripped the Rug' from Under the Democrats' Trump Impeachment Push," Townhall, December 20, 2019. Referenced at: https://townhall.com/tipsheet/mattvespa/2019/12/20/liberal-lawyer-scotus-just-ripped-the-rug-from-under-the-democrats-trump-impeachment-push-n2558364?utm_campaign=inarticle
Posted in Uncategorized | Tagged Alan Dershowitz, articles of impeachment, Constitution, Diane Rufino, GianCarlo Canaparo, House democrats, impeachment, impeachment process, Nancy Pelosi, Noah Feldman, President Trump, senate trial, Trump, US House, US Senate | Leave a comment
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