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re: McCabe's action...not treason

Posted on 2/20/19 at 11:27 am to
Posted by Loserman
Member since Sep 2007
21966 posts
Posted on 2/20/19 at 11:27 am to
Questioning whether the 25th Amendment should be used is not treason.

It definitely should be a firing offense when it is being suggested for political reasons, since the 25th is for the transition of power when a President is incapacitated.

It also is for the President to reclaim his office when he is no longer incapacitated.
Posted by Bunyan
He/Him
Member since Oct 2016
20828 posts
Posted on 2/20/19 at 11:28 am to
quote:

It’s not a crime to discuss invocation of a constitutional provision that might remove a sitting President. Even if you are serious

But it's perfectly fine to investigate the President based on a fairy tale, right?
Posted by TigerMyth36
River Ridge
Member since Nov 2005
39737 posts
Posted on 2/20/19 at 11:28 am to
What he is doing right now is clearly sedition. He keeps bouncing from talk show to talk show saying he thinks Trump might be a Russian asset. Doesn't list a single reason why, just states he thinks he is one.

So 3 years of heavy scrutiny and they still don't have enough to make any kind of move against Trump, yet he is still a puppet.

Meanwhile Putin keeps getting more and more pissed at our actual actions.

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/20/19 at 11:29 am to
quote:

Questioning whether the 25th Amendment should be used is not treason.
I do not see either treason or sedition in discussions regarding the possibility of invoking an entirely constitutional remedy. Let’s look at that remedy.

The first paragraph of 25.4 is invoked if the vice president and a majority of the cabinet make a declaration that the president “is unable to discharge the powers and duties” of his office. it does not say that they must be correct or even that they must act in good faith, and it does not say that they must seek professional medical advice. This subparagraph is premised on the notion that the vice president and the cabinet are all of the same party as the sitting president and are his closest confidants. in other words, they would not take this step, unless something was seriously wrong.

so what does this the initial declaration under 25.4 (1st paragraph) do? It VERY temporarily (4 days) shifts the powers of the presidency to the vice president. It categorically DOES NOT do anything permanent. Yes, the VP and Cabinet can get some VERY temporary satisfaction, even if they act in bad faith .... entirely Constitutionally.

The president can then declare, in essence, “no, I’m fine.“ Unless the vice president and cabinet AGAIN declare the president to be incapacitated, the matter ends right there (except for all the firings).

If the president’s closest confidants all continue to assert that he is incapacitated, the matter is then sent to “trial“ before both houses of Congress. In order to remove the president, his closest confidants must establish to the satisfaction of 2/3 of both houses “that the President is unable to discharge the powers and duties of his office.”

If they do not obtain that confirmation within 21 days, the President resumes his duties and fires his Cabinet.

if the vice president in the cabinet acted in bad faith under 25.4, they would certainly deserve to be fired, but they would not be guilty of either treason or sedition..
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/20/19 at 11:31 am to
quote:

He (McCabe) keeps bouncing from talk show to talk show saying he thinks Trump might be a Russian asset. Doesn't list a single reason why, just states he thinks he is one.
I have seen two interviews, and I did not see him say this in either of them. When I saw him say was that there was adequate evidence in late 2016 or early 2017 to at least raise the question and initiate an investigation.
Posted by Dday63
Member since Sep 2014
2301 posts
Posted on 2/20/19 at 11:33 am to
quote:

hat he is doing right now is clearly sedition


You still aren't using that word correctly.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73479 posts
Posted on 2/20/19 at 11:35 am to
Andy can't make up his mind, I wonder if the criminal investigation into him is causing his memory issues?

McCabe is currently under criminal investigation for misleading federal prosecutors in their probe into the FBI’s handling of the investigation into the Clinton Foundation.

Former Acting FBI Director Andrew McCabe on Wednesday said he's not aware whether Deputy Attorney General Rod Rosenstein "took any action" on an alleged proposal to use the 25th Amendment to remove President Trump from office.

McCabe claimed last week that senior officials discussed the possibility of removing Trump under the 25th Amendment and told CBS News's “60 Minutes” that Rosenstein had been “counting votes or possible votes” among Cabinet members whose support would be needed.

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Rosenstein has previously denied such claims. McCabe on Wednesday clarified that Rosenstein "mentioned" the topic and didn't necessarily take action on such a plan.

“Rod brought up the 25th Amendment, mentioned it in the course of a wide-ranging and frenetic conversation. It is not something that I’m aware he took any action to pursue. I don’t know about any other meetings that included discussions of it,” McCabe said Wednesday on MSNBC’s “Morning Joe.”

Walking back his previous claim, McCabe added that he had “no indication” Rosenstein presented the idea to any Cabinet members or did any vote counting. LINK
This post was edited on 2/20/19 at 11:35 am
Posted by Loserman
Member since Sep 2007
21966 posts
Posted on 2/20/19 at 11:37 am to
quote:

if the vice president in the cabinet acted in bad faith under 25.4, they would certainly deserve to be fired, but they would not be guilty of either treason or sedition..


This is correct.

What everyone seems to miss about this amendment is it actually requires a higher standard to remove a president than the impeachment process for removal.

I blame the school systems for not teaching democracy and economics for most of this bullshite we see today.

I also blame Hollywood movies like "The Enemy Within"
This post was edited on 2/20/19 at 11:41 am
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/20/19 at 11:40 am to
quote:

What everyone seems to miss about this amendment is it actually requires a higher standard to remove a president than the impeachment process for removal.
EXACTLY.

Must have support of BOTH of a super-majority in BOTH houses of Congress (higher standard) AND the president’s closest advisors (not a factor AT ALL in impeachment proceedings).
Posted by KingOrange
Mayfair
Member since Aug 2018
8686 posts
Posted on 2/20/19 at 11:42 am to
Don’t think Andi is committing Treason. He is a liar. He’s has lied to Congress and the Hrand Jury. He will be going to jail for Lying.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73479 posts
Posted on 2/20/19 at 11:44 am to
quote:

He will be going to jail for Lying.

Nope that is reserved for Honest Bob's henchmen to enforce.
Posted by Loserman
Member since Sep 2007
21966 posts
Posted on 2/20/19 at 11:47 am to
quote:

EXACTLY. Must have support of BOTH of a super-majority in BOTH houses of Congress (higher standard) AND the president’s closest advisors (not a factor AT ALL in impeachment proceedings).


It can also be started by the President himself.

Example. If a President knows they must undergo a long surgery would be a good example for them to invoke the 25th amendment.

When Reagan was shot and went under for a long surgery the 25th amendment could have and probably should have been invoked.


Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27722 posts
Posted on 2/20/19 at 11:47 am to
You are right. I find sedition to be worse than treason
Posted by Megasaurus
Member since Dec 2017
783 posts
Posted on 2/20/19 at 12:06 pm to
it don't matter what it is called, either way its illegal and he should be punished severely for it.
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