Posted on 05/19/2020 9:40:47 AM PDT by SeekAndFind
On Monday, the House Democrats filed a brief that with the Supreme Court that the House was actively pursuing new articles of impeachment against President Donald Trump including the possible exercise of improper political influence over recent decisions made in the Roger Stone and Michael Flynn prosecutions, both of which were initiated by the special counsel.
The argument is meant to justify the continued demand for redacted grand-jury material from the now closed Special Counsel investigation into the Russian collusion investigation.
I have long supported the congressional demands for documents withheld by the Trump Administration as well as witnesses, including in my testimony during the House impeachment. The ability to acquire grand jury material turns on whether an impeachment is a judicial proceeding under Federal Rule of Criminal Procedure 6 (e). The district court and the court of appeals ruled that it does and that the House is entitled to the material. However, the House is arguing that this request is not moot after the acquittal of President Trump at the Senate impeachment trial.
Thus, the House is arguing that
The [House Judiciary] Committees investigation did not cease with the conclusion of the impeachment trial. The withheld material remains central to the Committees ongoing investigation into the Presidents conduct. If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the articles adopted by the House, the committee will proceed accordingly including, if necessary, by considering whether to recommend new articles of impeachment.
The House specified its continuing impeachment inquiry:
The Committees investigation continues today and has further developed in light of recent events. For example, the Committee is investigating the possible exercise of improper political influence over recent decisions made in the RogerStone and Michael Flynn prosecutions, both of which were initiated by the SpecialCounsel.
See Letter from Jerrold Nadler, Chairman, H. Comm. on the Judiciary, et al. to Michael E. Horowitz, Inspector General, U.S. Dept of Justice (May 8, 2020),https://perma.cc/799D-2PNY. The Committee has announced its intention to hold a hearing with the Attorney Generalwho has failed to appear before the Committee at any point on any topic during his tenureon these issues as soon as possible.
The inclusion of the Stone and Flynn cases blurs the line between what is an oversight and an impeachment interest. It is hard to see a credible impeachment claim arising out of either case. The Stone case involves a change in a sentencing recommendation while Flynn involves a motion to dismiss the case entirely.
However, both cases garnered criticism long before the actions of the Justice Department and fall squarely within the area of prosecutorial discretion. While the House has strong claims to evidence sought by committees, its claim of a perpetual impeachment are forced and artificial.
It also raises the uncomfortable prospect for the Court of a claim of impeachment authority to trump executive privileges and challenges. The position of the House seems to be that we are able to claim the ultimate level of deference in such demands simply because we say that we have seeking a possible impeachment.
This concern is magnified by the position of Speaker Nancy Pelosi, in long refusing an impeachment vote, that she could unilaterally trigger such powers in a simple press conference.
I have previously criticized the House for its slipshod and abbreviated impeachmentprocess. That record could become more relevant in this litigation where justices may generally support the right of the House to such evidence but remain skeptical of the fluid use of impeachment to justify such demands.
Here is the House filing to the Supreme Court...
Meet the new impeachment, same as the old impeachment.
This has to be one of the most pathetic political stunts that I’ve EVER seen in my LIFE.
Only guess I have is that the Democrats are desperately trying to gin up support among their loony base.
I have had all I can take from that bunch. This has simply got to stop.
If the ‘rats goal is to get every American to hate them, they are doing a great job of that
AGREE 100 PERCENT.
The Pelosi Congress is known for the following since 2018:
1. Impeaching Trump and trying to do it again and again till they succeed or Trump loses in November ( they wish ).
2. Spending us to oblivion.
3. Trying to change voting laws so that they can be assured of victory.
4. Trying to give illegal immigrants privileges that only Citizens should have.
Babylon Bee
It is so depressing that the dam*ed liars ruling the House of Representatives prove how wise (President) John Adams was ...when he said,
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
Dear DIMocRATS,
PLEASE, PRETTY PLEASE, IMPEACH OUR PRESIDENT AGAIN
IF you are STUPID ENOUGH to do that, the blood-bath that was headed to submerge any chance that you DIMocRATS had in 2020 becomes a FLASH-FLOOD that will sweep your party of LUNATICS, FOOLS, BIGOTS & RADICAL LEFTISTS away & maybe forever.
Yours, TMN78247
That's when the media got into bed with politicians and they have been exchanging body fluids ever since.
Their non-stop orgy will go on forever and ‘impeachment’ is just their latest Kama sutra experiment.
Impeach the Democrats. I hope the Leftist jackals get indicted for this continual illegal and unconstitutional activity.
It’s been the same old $hit for 50 years. The only way this will end is if we vote the whole cabal OUT.
I doubt they will really push this. It risks alienating a populace of independents who have to be burned out on interminable impeachment squawking which never accomplishes anything. Bad risk in an election year where they will have an enthusiasm deficit among their base, and seriously will need the independent vote.
The country has been economically destroyed by a hyped pandemic. Probably north of 20% of the country is now unemployed. And the Dems think the most important thing to work on is Impeach Trump - the Sequeal. These MFs deserve to be flushed en-masse in the Fall election.
The House may be continuing its impeachment proceedings, but meeting the sharing of 6(e) testimony requires a “judicial proceeding.” Impeachment is a proceeding of the Legislative Branch, not the judicial branch, therefore, cannot be a “judicial proceeding.”
Turley admits that it’s “hard to see” an impeachment arising from PDJT’s Stone or Flynn actions as if he doesn’t recognize the Dems’ inclination to use any, even tangentially plausible claim to justify impeachment. Supporting evidence be damned! “High Crime or misdemeanor” has long since left their vocabulary. They’ve getting away with that one. The cat is out of the bag.
Schiff’s lies about the PDJT-Russia collusion evidence and his hiding exculpatory evidence in his star chamber interrogations have flauted his responsibilities to government and the citizenry far, far greater than any words PDJT may have let drop in support of Flynn and/or Stone in conversation.
An informed electorate combined with a fair election would have the Democrats winning 40 House seats and 30 total Senate seats in the 2020 election.
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
Exactly right.
This is being done by the left, and sadly tacitly, by politicians (think Ryan, McCain, Romney and others) to make sure that YOU will never attempt to gain any elected office as a public servant if you have a Conservative mindset. That is why Clarence Thomas, Brett Kavanaugh, President Trump were and are being put through hell. It is to censor and throttle independent thought and send a message to the masses that if you step into this arena with theses ideas we will make your life hell.
How we get back to moral and religious at this point, I do not know, but that is where we need to be.
The MSM and the NEA have stacked the deck in their own favor.
We predicted that.
Impeach? Another impeachment game. Dems, you are not helping America... You are helping China...
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