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To: LoveMyFreedom

There are two charges:

1) Abuse of office by asking Ukraine to assist in investigations. Something specifically allowed by treaty.

and

2) Obstruction of Congress for the President exerting Executive Privilege and not cooperating with the above. The concept of Executive Privilege has been upheld by SCOTUS in US vs Nixon. This issue has not yet to worked it’s way through the court system. So not only is this second charge based on a non-crime of above, it has not yet been resolved via the courts.

I am of the opinion that if the House passes the articles of Impeachment, that the Senate should receive the articles and “take up” the articles and then send the articles to the Senate Judiciary committee for review ad the house process was highly irregular an perhaps in violation of the House rules. Once there, a simple response of ... there is no crime here (for the above reasons) and table the matter until such time as the House is able to articulate an actual crime.

For the details of the abuse of office statue:
25 CFR § 11.448 - Abuse of office.

§ 11.448 Abuse of office.
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his or her conduct is illegal, he or she:

(a) Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(b) Denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

Several misses from the above:
ref the main part of knowingly - the existing treaty specifically allows the request for investigations.

under (a) no person was involved. Sovereign countries are not persons. Further “delay of benefits” is NOT listed.

under (b) since Ukraine did receive the authorized payment, there is no violation here either.


43 posted on 12/10/2019 7:10:44 AM PST by taxcontrol (Stupid should hurt - dad's wisdom)
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To: taxcontrol

Yes, the only thing they could try to make an “investigation” qualify as is under: “or other infringement of personal or property rights”.

But... if an investigation is an infringement of personal rights, then the Democrats have been infringing Trump’s rights constantly since 2016!


76 posted on 12/10/2019 8:20:00 AM PST by Boogieman
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