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Trump lawyers respond to articles of impeachment: 'Constitutionally invalid'
Fox News ^ | January 18, 2020 | Marisa Schultz

Posted on 01/18/2020 2:59:24 PM PST by jazusamo

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To: laxcoach
The constitution puts the complete power to impeach and define the tiles of the process to the congress.

This was the argument raised in Federalist 65. That partisanship would be the victor over conscience and morality for the good of the country.

41 posted on 01/18/2020 4:24:47 PM PST by USCG SimTech
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To: upsdriver

Oh, my. Trump testifying in front of the whole country. Now that’s a delicious thought.


42 posted on 01/18/2020 4:29:23 PM PST by poconopundit (Joe Biden has long been the Senate's court jester. He's 24/7 malarkey and more corrupt than Hunter.)
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The Constitution needs to be amended to get 3/4 super majority votes in the House and Senate to impeach and remove. Then it should have both processes pass through SCOTUS as to whether it is thrown out because of one microscopic illegality in either house. Then they can restart in the House again if tossed by SCOTUS. Then there needs to be an appeals process.

Any politics in overturning 50 or 60 million votes in electing a president is projectile vomit unacceptable.

43 posted on 01/18/2020 4:30:30 PM PST by USCG SimTech
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To: All

No crime listed in the articles. Bill Clinton impeachment articles listed 11 felonies. One is not like the other. One is not constitutional. Duh.


44 posted on 01/18/2020 4:30:51 PM PST by veracious (UN=OIC=Islam; USgov may be radically changed, just amend USConstitution)
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To: jazusamo

Not only is it Invalid, it is By Definition an ACT OF TREASON and multiple Senators should be Demanding Charges on the Senate Floor of TREASON for Pelosi, Schiff, Nadler...


45 posted on 01/18/2020 4:33:19 PM PST by eyeamok
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To: DoughtyOne

Use it against them. Reexamine all the witnesses Trump’s counsel was unable to cross-examine in the basement, in public and above ground with an opportunity to confront them. Then call the defense witnesses they fear most, Blowy, Schiff, the Intel IG, Hunter, Quid Pro Joe, and Giuliani’s Ukrainian witnesses flown in. They want a trial with witnesses? Give them it, and let Crazy Bernie, Fauxcohantes and the other candidate in the Senate, whatsername, squirm and writhe in frustration at a thoroughgoing trial that: 1. discredits their whole case in the light of day, and 2. eclipses the Primaries that are nothing but mediocrity on parade anyway.


46 posted on 01/18/2020 4:35:32 PM PST by Eleutheria5 ("SHUT UP!" he explained.)
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To: laxcoach
Impeachment is a political process.

FYI, you are correct, but the ACT OF TREASON they are committing is Also a Political Process and there are clear described punishments.
47 posted on 01/18/2020 4:35:56 PM PST by eyeamok
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To: jazusamo

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Hit Me With Your Best Shot
https://www.youtube.com/watch?v=0JRgHol94Xc


48 posted on 01/18/2020 4:41:09 PM PST by fatima (Free Hugs Today :))
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To: ETCM
Excellent point.......

Article II Sec 4 clearly states....... "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"......none of which are delineated in the House articles.

......it seems highly unlikely that the President will be convicted. However, due to the idiocy of Pelosi, we are at a point where the SCOTUS needs to reinforce the clear language of Article II sec 4 to NEGATE the Houses's foolish impeachment......it is clearly unconstitutional and illegitimate. hat tip ETCM

49 posted on 01/18/2020 4:42:01 PM PST by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Alberta's Child

>The SCOTUS has no authority to “throw out” an impeachment.

By judicial review they can call any legislative process unconstitutional. If there’s no applicable criminal statue cited in the impeachment articles, then that could clearly violate the dictates that there be “high crimes and misdemeanors.”


50 posted on 01/18/2020 4:44:39 PM PST by struggle
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To: goldstategop
That’s not the case with Trump’s impeachment.

That wasn't the case for Johnson or Clinton either.

51 posted on 01/18/2020 4:50:14 PM PST by DoodleDawg
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To: struggle
If Bush had put in another Thomas instead of Roberts, this impeachment would already be out on it’s tail.

How so? The Supreme Court hasn't even been involved up to this point........What am I missing here?

52 posted on 01/18/2020 4:56:24 PM PST by Hot Tabasco (I want an impeachment pen)
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To: laxcoach

No. There are some rules that must be followed.


53 posted on 01/18/2020 5:11:21 PM PST by hal ogen (First Amendment or Reeducation Camp???)
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To: Jim W N

They have standing now as this trial part requires the impeached the right of legal defense. The Dems refused to allow POTUS or his team any role, so they would have just been spitting into the wind. Here, their assertions must be answered.


54 posted on 01/18/2020 5:15:21 PM PST by xkaydet65
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To: jazusamo
Dershowitz recently stated this in an interview on Radio Boston:

"...Originally, the criteria for impeachment included maladministration, malpractice and other vague, open-ended terms.

"[James] Madison opposed them, saying that open-ended terms could turn our republic into a parliamentary democracy where the president serves at the will of Congress. The framers of the Constitution didn't want that. And so, they restricted it to these four criteria and I don't think these criteria are met by the two articles of impeachment ..."

Until I hear something more authoritative-- this impeachment is nothing more than what one would expect from a coup attempt in a banana republic.

55 posted on 01/18/2020 5:16:12 PM PST by PerConPat (A politician is an animal which can sit on a fence and yet keep both ears to the ground.-- Mencken)
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To: Jim W N

“Why did Trump’s lawyers wait for the Articles of Impeachment to cry constitutional foul? “

Anything said by the White House prior to this moment has been unofficial commentary. This statement is an official response to the articles of impeachment - their opening statement - and as such it very encouraging.

Significantly, the White House lawyers are completely ignoring the substance (or lack thereof) of the Democrats’ case, and launching a counterattack instead. They accusing the Democrats of abusing the impeachment clause of the Constitution in an attempt to overturn the 2016 election and influence the 2020 one.

By characterizing the impeachment in this way, they are formally linking impeachment with the ongoing coup attempt against this President, and signaling that EVERYTHING is on the table for discussion.


56 posted on 01/18/2020 5:28:42 PM PST by enumerated
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To: xkaydet65
They have standing now

No they don't. It's fruit of the poisonous tree.

57 posted on 01/18/2020 5:34:00 PM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: enumerated
Unofficial commentary...

...except that the analysis of this unconstitutional and illegal investigation from day one is what could have/should have influenced the Senate to order a directed verdict because from day one there was no reasonable suspicion nor probable cause and there continues to be no genuine dispute of a material fact.

58 posted on 01/18/2020 5:39:25 PM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: jazusamo

Seditious Conspiracy by the democrats should lead to a marshal law roundup. Lockup the enemies within and then sort it out.


59 posted on 01/18/2020 6:07:14 PM PST by Gator113 ( ~~Trump 2020 and again in 2024. EPSTEIN WAS MURDERED. "Seditious Conspiracy" is everywhere.)
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To: jazusamo
they were the product of invalid House proceedings that "flagrantly denied the President any due process rights"

That was clearly true. In a court of law this would be thrown out immediately.

60 posted on 01/18/2020 6:12:57 PM PST by McGruff
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