Posted on 12/18/2019 7:52:31 PM PST by bitt
Do the charges against Trump pass constitutional muster? The justices should decide before the Senate does. In the present overheated state of official Washington, there may be no alternative to charging into an impeachment trial whose outcome is a foregone conclusion. There is no allegation of treason, bribery, a high crime, or a misdemeanor, the four categories of offense the Constitution identifies as justifying the removal of a president, and no evidence of any such offense. The Democrats tried bribery for a couple of weeks after their focus groups were stirred by it, but gave it up as too implausible. The only bribe that has been unearthed was of the Biden family, and not even this rabid ragtag of bloodless assassins has tried treason, though that wicked act was much bandied about in the piping days of the previous Democratic putsch attempt over collusion between Trump and Russia in the 2016 election. The preferable next step would be for the Senate to ask the Supreme Court to determine whether the four grounds cited by the Constitution for removal of a president are exclusive, and accordingly this impeachment bill need not be tried, or those categories are merely illustrative, and Gerald Ford was correct when he said impeachment can be for any reason the majority in the House of Representatives determines.
I believe it is clear that the authors of the Constitution did not want a president removed for anything less than a high crime, and that none of the impeachment efforts in history would qualify. Andrew Johnson had fired the war secretary, which was his right, and he was narrowly acquitted in 1868 in the intense post–Civil War Reconstruction atmosphere. Richard Nixon was charged by the Judiciary Committee with having “made it his policy” to “obstruct,” and having “through
(Excerpt) Read more at nationalreview.com ...
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rumors that this is the plan....
Honestly, I would prefer that the senate acquit President Trump tomorrow so we (the country) can just move on.
Let the Dems pay for this in November
It would be hilarious if the SCOTUS ruled “there is no criminal statue used, so the impeachment is annulled.”
They want to bring this coup to the Senate ? Then let’s put the entire Derp State on trial.
no role for the court except the chief justice preside over the trail in the senate.
No definition of high crimes and misdemeanors upon which to base a court hearing.
This option gives the USSC extra-constitutional powers not spelled out anywhere in the process..
Don’t get the courts involved. The Constitution gives the Senate the SOLE power to try impeachment. They can vote tomorrow to acquit, or anytime McConnell and a majority chooses.
I mentioned on another thread earlier, that Alan Dershowitz had written last year that the Supreme Court could overturn an impeachment. He was speaking about Russian collusion charges at the time, but if the impeachment charges don’t cut mustard, and wouldn’t even hold up in a court of law, because they’re based on hearsay with no actual evidence, why couldn’t they be tossed out by the Supreme Court?
This position was shot down last week when I suggested it - pleased to see it now - this really is the correct solution.
Yes. Let’s do it. All of them.
“ No definition of high crimes and misdemeanors upon which to base a court hearing.
Seems the court could judge whether the articles of impeachment contain any crime...
There is no criminal code used. Abuse of power is ambiguous and can be applied subjectively. Contempt of congress is the same, but the obvious issue is that Trump used the courts first as Clinton and Nixon did, but the congress was too impatient to wait for rulings and created a false charge based on that.
It’s up to the court to repudiate such flimsy charge creation so it never happens again without real malfeasance.
Why not? They got involved in the 2000 election. Why not this, especially to outline what constitutes high crimes and misdemeanors, so that no sitting President can ever be charged with bullshit non-crimes ever again.
This is going to get interesting quick!
I don’t see how Justice Roberts can judge a trial in the senate with his extreme conflict of interest after appointing the FISC judges that went on to sign off on the bogus FISA warrants to spy on our President...
Asking the Supreme Court to render a legal decision at this point would be like asking them to confirm a cabinet nominee.
there is no role for the court in the impeachment process, except the role of the chief justice.
Treason, high crimes, and misdemeanors are crimes.
Q just (Dec 18 2019 22:40:27 (EST)) posted a link to this article. Just after he/they posted a 24 Apr 2019 Tweet about taking an impeachment based on the Mueller Report to the Supreme Court. I know Q is just a hoax and a LARP, but we shall see.
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