Judge appoints ‘special master’ to review Michael Cohen documents seized in raid

PBS ^ | 04/26/2018 | AP

[Crucial]

This whole thing is a deep betrayal of the judicial system itself.

[Moorings]

If the DOJ prosecutors raided the offices of Hillary’s attorney, we could ask Rush Limbaugh to be the ‘Special Master’ of the documents/evidence seized.

[Some Fat Guy in L.A.]

Is this the “Perfect Master” from the old “Tarzoon Shame of the Jungle” movie? Voiced by John Belushi?

[lepton]

Simple majority of the house for impeachment.

Two-thirds for the Senate to convict.

[Jim W N]

OK, even though I couldn’t find the “simple majority” in the Constitution.

Nevertheless, the process in mitigated by 2/3’s to convict in the Senate.

[Jim W N]

Since the Constitution appears silent on the issue, what authorizes impeachment by simple majority of the House?

[jjotto]

Since the Constitution authorizes it, the House can make its own rules. Note that rules are also decided by a simple majority. Since there is a long history of impeachment by simple majority, that isn’t going to change except by Constitutional amendment.

[Jim W N]

Right. What I didn’t say very well was that the Constitution authorizes the House to impeach but is silent on the voting requirements. Looks like simple majority vote is authorized by tradition.

[lepton]

Article I, Section 2, paragraph 5, gives to the House of Representatives the sole power of impeachment. Unless specified otherwise, the actions/will of the House are by simple majority of the Quorum.

***********

Article I
Section 2
5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3
6: 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.

7: Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 5
1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Article II
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III
Section 2
3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

[Fhios]

On any given day the house can introduce impeachment, vote on it and impeach the President without nary a debate. Then the Senate can conduct it’s trial and approve the impeachment if 2/3 vote to, without nary a debate.

Realistically this won’t happen. The Chief Just is there to provide order and to make sure the full Senate can vote on the matter.

There’s no discovery, no witnesses, no evidence needed. Impeachment is a pure political process.

[Jim W N]

Right. I was actually talking about the voting requirements. What I didn’t say very well was that the Constitution authorizes the House to impeach but is silent on the voting requirements. Looks like simple majority vote is authorized by tradition.

But all of this leads back to the unconstitutionally supported use of a “special” “something” by the executive branch for impeachment purposes when it should be the HOUSE who handles such investigations. Also, although the Constitution leaves what triggers such up to Congress, it seems to me that there ought to be rules in place that require at least reasonable suspicion if not probable cause to attempt impeachment (formal charges) and/or conviction.

[Jim W N]

Since the Constitution is a legal document (the Supreme Law of the Land) which authorizes and outlines impeachment as well as conviction, both are primarily legal processes but outside the normal criminal process. The latitude the Constitution gives allows for much politics however.

Also, although the Constitution leaves what triggers such up to Congress, it seems to me that there ought to be rules in place that require at least reasonable suspicion if not probable cause to initiate investigation for impeachment (formal charges) and/or conviction. It would seem to me that given an awareness of the plain procedural alternatives, the America People would demand such of Congress.