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re: Trump lawyers respond to articles of impeachment: 'Constitutionally invalid'

Posted on 1/18/20 at 10:31 pm to
Posted by KosmoCramer
Member since Dec 2007
76551 posts
Posted on 1/18/20 at 10:31 pm to
quote:

Holy shite, I would be worried if they’ve gone this erroneous route.

Trump’s lawyers are attacking the Constitution, namely its sole power of impeachment to the House, the fact that it is not a criminal proceeding, and moreover, a frontal attack on the American grand jury system to which impeachment is analogous, whereby the accused is not afforded due process, doesn’t have the right of representation at the proceedings, and which further allows secret proceedings.

Wow.



They didn't bring forward known exculpatory evidence.

Get fricked.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105448 posts
Posted on 1/18/20 at 10:39 pm to
It's amazing that you are supportive of what the dems did leading up to and including the signing of the articles of impeachment as legitimate. Wow, it really is an indictment on your own intellect, and how it might be impaired.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/18/20 at 10:52 pm to
quote:

Well then explain why the Judiciary Committee in the House had lawyers over in federal court fighting for enforcement of subpoenas.

Because they were congressional subpoenas unrelated to the impeachment process. They were attached to possible criminal activities or civil law breaches.

An impeachment is neither criminal nor civil.

Edit: I'm going to head you off at the pass, here.

Not complying with a congressional subpoena of any nature is contempt of Congress.

I'm not sure whether that's a civil or criminal penalty, but in any case, it is under the purview of the courts.

Impeachment and the subsequent trial are not. It is entirely political.
This post was edited on 1/18/20 at 11:08 pm
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/18/20 at 10:53 pm to
I didn't say I supported it, I indicated it was legal. Can you grasp that?
Posted by Floating Change Up
Member since Dec 2013
11863 posts
Posted on 1/18/20 at 11:30 pm to
quote:

I appreciate the name-calling. It displays superior intellect.


quote:

Doucheowitz and shite-stirring Starr are attacking the Constitution.


Errrrrr.... about that superior intellect??

quote:

What rules were violated?


Funny you should ask. What law identifies “obstruction of Congress “? What laws at all were violated by Trump, which fall under “High Crimes and Misdemeanors “?
This post was edited on 1/18/20 at 11:33 pm
Posted by davyjones
NELA
Member since Feb 2019
30276 posts
Posted on 1/18/20 at 11:32 pm to
Democrats have been fighting in court for months to enforce a subpoena for McGahn to testify as part of the impeachment proceedings in Congress. They argue that McGahn's testimony is "central" to parts of the House committee's investigation into Trump, which is not yet complete even though the Democratic-led chamber passed two articles of impeachment against him last week.

CNBC
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 1/18/20 at 11:36 pm to
quote:

quote:

It's amazing that you are supportive of what the dems did leading up to and including the signing of the articles of impeachment as legitimate. Wow, it really is an indictment on your own intellect, and how it might be impaired.
I didn't say I supported it, I indicated it was legal. Can you grasp that?
I have been trying to get them to grasp this distinction for years. I wish you luck.
Posted by AUsteriskPride
Albuquerque, NM
Member since Feb 2011
18385 posts
Posted on 1/18/20 at 11:42 pm to
quote:

I bet your mother is smart enough to realize she should have made his dad pull out


FIFY
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/18/20 at 11:45 pm to
Not complying with a congressional subpoena carries a criminal or civil charge that can result in jail or fines.

Being impeached and found guilty is a political removal with no jail or fine.

Do you understand now?
Posted by teke184
Zachary, LA
Member since Jan 2007
96437 posts
Posted on 1/18/20 at 11:52 pm to
The subpoena can be challenged under executive privilege. And in fact this one has.

The Dems were too impatient to wait for it to work through the courts and declared it “contempt of Congress” not to immediately roll over on something where precedent is on Trump’s side.
Posted by davyjones
NELA
Member since Feb 2019
30276 posts
Posted on 1/18/20 at 11:56 pm to
My friend, you said in no uncertain terms that the courts have no role to play, i.e. no authority or jurisdiction, within the impeachment process because "Congress has the sole power of impeachment." That's what you said.

I just provided you with solid evidence that contradicts your assertion and clearly shows the Judiciary Branch, i.e. the court system, does indeed have authority to become involved in the impeachment process, and theie judgments, rulings and orders are unquestionably legally enforceable for all parties involved.

I'll skip return snide remarks. I don't find it necessary in getting my point across.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/18/20 at 11:59 pm to
I understand that. Trump's lawyers are acting like if they lose, they are going to take it to court. Which is laughable.
Posted by Floating Change Up
Member since Dec 2013
11863 posts
Posted on 1/19/20 at 12:00 am to
quote:


So as long as the Senate doesn’t violate any rules, you will concede it is a fair process?
I bet ole Tex will never answer this question directly.

Posted by NIH
Member since Aug 2008
112734 posts
Posted on 1/19/20 at 12:01 am to
Where do you practice?
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/19/20 at 12:02 am to
Is there a possible direct criminal or civil penalty for not complying with a subpoena? Yes, therefore it is justiciable.

Is there a possible direct criminal or civil penalty for impeachment and removal? No, therefore it is not justiciable.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/19/20 at 12:02 am to
The Senate can do whatever it wants.
Posted by John McClane
Member since Apr 2010
36710 posts
Posted on 1/19/20 at 12:12 am to
Damn that’s strong
Posted by davyjones
NELA
Member since Feb 2019
30276 posts
Posted on 1/19/20 at 12:13 am to
I'll ask you again.....please explain why the House Judiciary Committee's lawyers initiated *impeachment* subpoena enforcement proceedings against the Trump administration in federal court.
This post was edited on 1/19/20 at 12:14 am
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 1/19/20 at 12:16 am to
quote:

Is there a possible direct criminal or civil penalty for not complying with a subpoena? Yes, therefore it is justiciable


It is possible for that to have a criminal penalty. It is also possible for those to be protected under executive privilege and carry 0 penalty. Dems skipped that part because they needed to pass articles immediately then they chose to delay for a month.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 1/19/20 at 12:34 am to
Let’s look at the overall picture, shall we?

Are you advocating for court intervention to have Trump’s impeachment invalidated?
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