Tag Archives: Never Trumpers
House Ratifies USMCA Trade Agreement 385-41, Then Immediate Recess – Dems Head for The Exits…
December 19, 2019
As expected the House of Representatives has passed the USMCA trade agreement with an overwhelming 385 to 41 vote. Pelosi’s political objective was to use USMCA to water down the toxic political environment created by her impeachment fiasco:
Also as expected, after passing the USMCA the House went into immediate recess for the Christmas holiday without any movement on the fraudulent impeachment articles.
In the time-frame between today and the return to the next congressional session in January, House lawyers will attempt to use the passage of the articles to support their background court cases: (1) McGahn forced deposition; (2) access to Mueller 6(e) grand jury information; and (3) possible access to Trump family financial records.
[PREDICTION for bookmark: Upon return in January Speaker Pelosi will refuse to allow impeached President Trump to deliver a State of the Union address in the House.]
Incoherent Nancy Pelosi Releases the Flying Monkeys…
December 19, 2019
House Speaker Nancy Pelosi responded to questions and concerns about the construct of a heavily partisan impeachment process and her refusal to send the articles of impeachment to the Senate.
Highlighting the tenuous nature of the position now held by her party, a barely coherent Speaker Pelosi attempts to explain. As reporters ask questions, Pelosi becomes frustrated and tells the compliant media no more questions on impeachment will be entertained.
A day after impeaching the President, the Speaker of the House refuses to answer questions. [Video prompted to presser portion at 11:50 – watch until 14:00]
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As noted by Jay Sekulow, the House portion of the impeachment effort is finished. The constitution does not outline rules, managers, and delivery methods. Once the House votes to impeach, they are finished. The Senate has full control now.
The Senate can begin their trial phase at any time and call for presentation of articles by the House. If no-one shows up, case dismissed. Pelosi/House has no role in next phase.
Senate Leader Mitch McConnell: “The House Conduct Has Damaged The Institutions of American Government” – Video and Transcript…
December 19, 2019
After the House of Representatives passed two partisan articles of impeachment, Senate Majority Leader Mitch McConnell rises to deliver a speech from the upper chamber of congress.
Last night, House Democrats passed the thinnest, weakest presidential impeachment in American history. Now they’re suggesting they are too afraid to even submit their accusations to the Senate and go to trial. The prosecutors are getting cold feet in front of the entire country. ~ Mitch McConnell
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[Transcript] – Last night House Democrats finally did what they decided to do long ago: They voted to impeach President Trump.
‘Over the last 12 weeks, House Democrats have conducted the most rushed, least thorough, and most unfair impeachment inquiry in modern history.
‘Now their slapdash process has concluded in the first purely partisan presidential impeachment since the wake of the Civil War. The opposition to impeachment was bipartisan. Only one part of one faction wanted this outcome.
‘The House’s conduct risks deeply damaging the institutions of American government. This particular House of Representatives has let its partisan rage at this particular President create a toxic new precedent that will echo into the future.
‘That’s what I want to discuss now: The historic degree to which House Democrats have failed to do their duty — and what it will mean for the Senate to do ours.
‘Let’s start at the beginning. Let’s start with the fact that Washington Democrats made up their minds to impeach President Trump since before he was even inaugurated
‘Here’s a reporter in April 2016. Quote, “Donald Trump isn’t even the Republican nominee yet… [but] ‘Impeachment’ is already on the lips of pundits, newspaper editorials, constitutional scholars, and even a few members of Congress.”
‘On Inauguration Day 2017, this headline in the Washington Post: “The campaign to impeach President Trump has begun.” That was day one.
‘In April 2017, three months into the presidency, a senior House Democrat said “I’m going to fight every day until he’s impeached.” That was three months in.
‘In December 2017, two years ago, Congressman Jerry Nadler was openly campaigning to be ranking member on House Judiciary specifically because he was an expert on impeachment.
‘This week wasn’t even the first time House Democrats have introduced articles of impeachment. It was the seventh time.
‘They started less than six months after the president was sworn in.
‘They tried to impeach President Trump for being impolite to the press… For being mean to professional athletes… For changing President Obama’s policy on transgender people in the military.
‘All of these things were “high crimes and misdemeanors” according to Democrats.
‘This wasn’t just a few people. Scores of Democrats voted to move forward with impeachment on three of those prior occasions.
‘So let’s be clear. The House’s vote yesterday was not some neutral judgment that Democrats came to reluctantly. It was the pre-determined end of a partisan crusade that began before President Trump was even nominated, let alone sworn in.
‘For the very first time in modern history we have seen a political faction in Congress promise from the moment a presidential election ended that they would find some way to overturn it.
‘A few months ago, Democrats’ three-year-long impeachment in search of articles found its way to the subject of Ukraine. And House Democrats embarked on the most rushed, least thorough, and most unfair impeachment inquiry in modern history.
‘Chairman Schiff’s inquiry was poisoned by partisanship from the outset. Its procedures and parameters were unfair in unprecedented ways.
‘Democrats tried to make Chairman Schiff into a de facto Special Prosecutor, notwithstanding the fact that he is a partisan member of Congress who’d already engaged in strange and biased behavior.
‘He scrapped precedent to cut the Republican minority out of the process. He denied President Trump the same sorts of procedural rights that Houses of both parties had provided to past presidents of both parties.
‘President Trump’s counsel could not participate in Chairman Schiff’s hearings, present evidence, or cross-examine witnesses.
‘The House Judiciary Committee’s crack at this was even more ahistorical. It was like the Speaker called up Chairman Nadler and ordered one impeachment, rush delivery please.
‘That Committee found no facts of its own and did nothing to verify the Schiff report. Their only witnesses were liberal law professors and congressional staffers.
‘There’s a reason the impeachment inquiry that led to President Nixon’s resignation required about 14 months of hearings. 14 months. In addition to a special prosecutor’s investigation.
‘With President Clinton, the independent counsel’s inquiry had been underway for years before the House Judiciary Committee dug in. Mountains of evidence. Mountains of testimony from firsthand fact witnesses. Serious legal battles to get what was necessary.
‘This time around, House Democrats skipped all of that and spent just 12 weeks.
‘More than a year of hearings for Nixon… multiple years of investigation for Clinton… and they’ve impeached President Trump in 12 weeks.
‘So let’s talk about what the House actually produced in those 12 weeks.
‘House Democrats’ rushed and rigged inquiry yielded two articles of impeachment. They are fundamentally unlike any articles that any prior House of Representatives has ever passed.
‘The first article concerns the core events which House Democrats claim are impeachable — the timing of aid to Ukraine.
‘But it does not even purport to allege any actual crime. Instead, they deploy this vague phrase, “abuse of power,” to impugn the president’s actions in a general, indeterminate way.
‘Speaker Pelosi’s House just gave into a temptation that every other House in history had managed to resist: They impeached a president whom they do not even allege has committed an actual crime known to our laws. They impeached simply because they disagree with a presidential act and question the motive behind it.
‘Look at history. The Andrew Johnson impeachment revolved around a clear violation of a criminal statute, albeit an unconstitutional one. Nixon had obstruction of justice — a felony under our laws. Clinton had perjury — also a felony.
‘Now, the Constitution does not say the House can impeach only those presidents who violate a law.
‘But history matters. Precedent matters. And there were important reasons why every previous House of Representatives in American history restrained itself from crossing this Rubicon.
‘The framers of our Constitution very specifically discussed whether the House should be able to impeach presidents just for “maladministration”— in other words, because the House simply thought the president had bad judgment or was doing a bad job.
‘The written records of the founders’ debates show they specifically rejected this. They realized it would create total dysfunction to set the bar for impeachment that low.
‘James Madison himself explained that allowing impeachment on that basis would mean the President serves at the pleasure of the Congress instead of the pleasure of the American people.
‘It would make the President a creature of Congress, not the head of a separate and equal branch. So there were powerful reasons why Congress after Congress for 230 years required presidential impeachments to revolve around clear, recognizable crimes, even though that was not a strict limitation.
‘Powerful reasons why, for 230 years, no House opened the Pandora’s box of subjective, political impeachments.
‘That 230-year tradition died last night.
‘Now, House Democrats have tried to say they had to impeach President Trump on this historically thin and subjective basis because the White House challenged their requests for more witnesses.
‘And that brings us to the second article of impeachment.
‘The House titled this one “obstruction of Congress.” What it really does is impeach the president for asserting presidential privilege.
‘The concept of executive privilege is another two-century-old constitutional tradition. Presidents starting with George Washington have invoked it. Federal courts have repeatedly affirmed it as a legitimate constitutional power.
‘House Democrats requested extraordinary amounts of sensitive information from President Trump’s White House — exactly the kinds of things over which presidents of both parties have asserted privilege in the past.
‘Predictably, and appropriately, President Trump did not simply roll over. He defended the constitutional authority of his office.
‘It is not a constitutional crisis for a House to want more information than a president wants to give up. It is a routine occurrence. The separation of powers is messy by design.
‘Here’s what should happen next: Either the President and Congress negotiate a settlement, or the third branch of government, the judiciary, addresses the dispute between the other two.
‘The Nixon impeachment featured disagreements over presidential privilege — so they went to the courts. The Clinton impeachment featured disagreements over presidential privilege — so they went to the courts.
‘This takes time. It’s inconvenient. That’s actually the point. Due process is not meant to maximize the convenience of the prosecutor. It is meant to protect the accused.
‘But this time was different. Remember: 14 months of hearings for Richard Nixon… years of investigation for Bill Clinton… but 12 weeks for President Trump.
‘Democrats didn’t have to rush this. But they chose to stick to their political timetable at the expense of pursuing more evidence through proper legal channels.
‘Nobody made Chairman Schiff do this. He chose to.
‘The Tuesday before last, on live television, Adam Schiff explained to the entire country that if House Democrats had let the justice system follow its normal course, they might not have gotten to impeach the president in time for the election!
‘In Nixon, the courts were allowed to do their work. In Clinton, the courts were allowed to do their work. Only these House Democrats decided due process is too much work and they’d rather impeach with no proof.
And, they tried to cover for their own partisan impatience by pretending that the routine occurrence of a president exerting constitutional privilege is itself a second impeachable offense.
The following is something that Adam Schiff literally said in early October. Here’s what he said:
“Any action… that forces us to litigate, or have to consider litigation, will be considered further evidence of obstruction of justice.”
‘Here is what the Chairman effectively said, and what one of his committee members restated just this week: If the President asserts his constitutional rights, it’s that much more evidence he is guilty.
‘That kind of bullying is antithetical to American justice.
‘So those are House Democrats’ two articles of impeachment. That’s all their rushed and rigged inquiry could generate:
‘An act that the House does not even allege is criminal; and a nonsensical claim that exercising a legitimate presidential power is somehow an impeachable offense.
‘This is by far the thinnest basis for any House-passed presidential impeachment in American history. The thinnest and the weakest — and nothing else comes even close.
‘And candidly, I don’t think I am the only person around here who realizes this. Even before the House voted yesterday, Democrats had already started to signal uneasiness with its end product.
‘Before the articles even passed, the Senate Democratic Leader went on television to demand that this body re-do House Democrats’ homework for them. That the Senate should supplement Chairman Schiff’s sloppy work so it is more persuasive than Chairman Schiff himself bothered to make it.
‘Of course, every such demand simply confirms that House Democrats have rushed forward with a case that is much too weak.
‘Back in June, Speaker Pelosi promised the House would, quote, “build an ironclad case.” Never mind that she was basically promising impeachment months before the Ukraine events, but that’s a separate matter.
‘She promised “an ironclad case.”
‘And in March, Speaker Pelosi said this: “Impeachment is so divisive to the country that unless there’s something so compelling and overwhelming and bipartisan, I don’t think we should go down that path, because it divides the country.” End quote.
‘By the Speaker’s own standards, she has failed the country. This case is not compelling, not overwhelming, and as a result, not bipartisan. This failure was made clear to everyone earlier this week, when Senator Schumer began searching for ways the Senate could step out of our proper role and try to fix House Democrats’ failures for them.
‘And it was made even more clear last night, when Speaker Pelosi suggested that House Democrats may be too afraid to even transmit their work product to the Senate.
‘The prosecutors are getting cold feet in front of the entire country and second-guessing whether they even want to go to trial.
‘They said impeachment was so urgent that it could not even wait for due process but now they’re content to sit on their hands. It is comical.
‘Democrats’ own actions concede that their allegations are unproven.
‘But the articles aren’t just unproven. They’re also constitutionally incoherent. Frankly, if either of these articles is blessed by the Senate, we could easily see the impeachment of every future president of either party.
‘Let me say that again: If the Senate blesses this historically low bar, we will invite the impeachment of every future president.
‘The House Democrats’ allegations, as presented, are incompatible with our constitutional order. They are unlike anything that has ever been seen in 230 years of this Republic.
‘House Democrats want to create new rules for this president because they feel uniquely enraged. But long after the partisan fever of this moment has broken, the institutional damage will remain.
‘I’ve described the threat to the presidency. But this also imperils the Senate itself.
‘The House has created an unfair, unfinished product that looks nothing like any impeachment inquiry in American history. And if the Speaker ever gets her house in order, that mess will be dumped on the Senate’s lap.
‘If the Senate blesses this slapdash impeachment… if we say that from now on, this is enough… then we will invite an endless parade of impeachment trials.
‘Future Houses of either party will feel free to toss up a “jump ball” every time they feel angry. Free to swamp the Senate with trial after trial, no matter how baseless the charges.
‘We would be giving future Houses of either party unbelievable new power to paralyze the Senate at their whim.
‘More thin arguments. More incomplete evidence. More partisan impeachments.
In fact, this same House of Representatives has already indicated that they themselves may not be done impeaching!
‘The House Judiciary Committee told a federal court this week that it will continue its impeachment investigation even after voting on these articles. And multiple Democratic members have already called publicly for more.
‘If the Senate blesses this, if the nation accepts it, presidential impeachments may cease being once-in-a-generation events and become a constant part of the political background noise.
‘This extraordinary tool of last resort may become just another part of the arms race of polarization.
‘Real statesmen would have recognized, no matter their view of this president, that trying to remove him on this thin and partisan basis could unsettle the foundations of our Republic.
‘Real statesmen would have recognized, no matter how much partisan animosity might be coursing through their veins, that cheapening the impeachment process was not the answer.
‘Historians will regard this as a great irony of this era: That so many who professed such concern for our norms and traditions themselves proved willing to trample our constitutional order to get their way.
‘It is long past time for Washington D.C. to get a little perspective.
‘President Trump is not the first president with a populist streak…Not the first to make entrenched elites uncomfortable. He’s certainly not the first president to speak bluntly… to mistrust the administrative state… or to rankle unelected bureaucrats.
‘And Heaven knows he is not our first president to assert the constitutional privileges of his office rather than roll over when Congress demands unlimited sensitive information.
‘None of these things is unprecedented.
‘I’ll tell you what would be unprecedented. It will be an unprecedented constitutional crisis if the Senate hands the House of Representatives a new, partisan “vote of no confidence” that the founders intentionally withheld, destroying the independence of the presidency.
‘It will be unprecedented if we agree that any future House that dislikes any future president can rush through an unfair inquiry, skip the legal system, and paralyze the Senate with a trial. The House could do that at will under this precedent.
‘It will be unprecedented if the Senate says secondhand and thirdhand testimony from unelected civil servants is enough to overturn the people’s vote.
‘It will be an unprecedented constitutional crisis if the Senate agrees to set the bar this low — forever.
‘It is clear what this moment requires. It requires the Senate to fulfill our founding purpose.
‘The framers built the Senate to provide stability. To take the long view for our Republic. To safeguard institutions from the momentary hysteria that sometimes consumes our politics. To keep partisan passions from boiling over.
‘The Senate exists for moments like this.
‘That’s why this body has the ultimate say in impeachments.
‘The framers knew the House would be too vulnerable to transient passions and violent factionalism. They needed a body that could consider legal questions about what has been proven and political questions about what the common good of our nation requires.
‘Hamilton said explicitly in Federalist 65 that impeachment involves not just legal questions, but inherently political judgments about what outcome best serves the nation.
‘The House can’t do both. The courts can’t do both.
‘This is as grave an assignment as the Constitution gives to any branch of government, and the framers knew only the Senate could handle it. Well, the moment the framers feared has arrived.
‘A political faction in the lower chamber have succumbed to partisan rage. They have fulfilled Hamilton’s prophesy that impeachment will, quote, “connect itself with the pre-existing factions… enlist all their animosities… [and] there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” End quote.
‘That is what happened in the House last night. The vote did not reflect what had been proven. It only reflects how they feel about the President.
‘The Senate must put this right. We must rise to the occasion.
‘There is only one outcome that is suited to the paucity of evidence, the failed inquiry, the slapdash case.
‘Only one outcome suited to the fact that the accusations themselves are constitutionally incoherent.
‘Only one outcome that will preserve core precedents rather than smash them into bits in a fit of partisan rage because one party still cannot accept the American people’s choice in 2016.
‘It could not be clearer which outcome would serve the stabilizing, institution-preserving, fever-breaking role for which the United States Senate was created… and which outcome would betray it.
‘The Senate’s duty is clear. The Senate’s duty is clear.
‘When the time comes, we must fulfill it.’
Impeachment as a Means to An End, and Not The End Itself…
December 19, 2019
It does not seem accidental the hastily defined two articles of impeachment mirror the arguments needed in two lower court cases brought by the House Judiciary Committee.
[Go DEEP HERE]
It is likely both articles of impeachment, “Abuse of Power” and “Obstruction“, are designed to support pending HJC court cases seeking: (1) former White House Counsel Don McGahn testimony; and (2) grand jury evidence from the Mueller investigation.
Because the full House did not originally vote to authorize articles of impeachment the House Judiciary Committee never gained ‘judicial enforcement authority‘. The absence of judicial enforcement authority was evident in the lack of enforcement authority in House subpoenas.
The House could not hold anyone in contempt of congress for not appearing because they did not carry recognized judicial enforcement authority. Additionally downstream consequences from that original flaw have surfaced in cases working through courts.
There is an argument to be made the rushed House articles are a means to an end. That is – a way for House lawyers to argue in court all of the constitutionally contended material is required as evidence for pending judicial proceedings, a trial in the Senate.
This would explain why all the prior evidence debated for inclusion and legal additions to “articles of impeachment” were dropped. Instead the House focused only on quickly framing two articles that can facilitate pending court cases.
If accurate, that perspective means the grand jury material is the unspoken goal and impeachment is simply the enhanced means to obtain it.
The 6(e) material relates to evidence gathered by the Mueller team for grand jury proceedings in their two-year effort to construct a case against President Trump.
Remember, the Mueller evidence was gathered during a counterintelligence investigation, which means all things Trump -including his family and business interests- were subject to unbridled surveillance for two years; and a host of intelligence gathering going back in time indefinitely. A goldmine of political opposition research.
Obviously if Jerry Nadler could get his hands on this material it would quickly find its way into the DNC, and ultimately to the 2020 democrat candidate for president. This material would also be fuel for a year of leaks to DC media who could exploit rumor, supposition, and drops of information that Andrew Weissmann and team left to be discovered.
We know from the alignment of interests it is likely Jerry Nadler and his legal Lawfare contractors are well aware of exactly what Weissmann and Co. created for them to discover. The problem for the House team(s) is they need legal authority to obtain it and then utilize it to frame and attack President Trump.
With the impeachment articles now approved – the DC Appeals Court is asking Nadler’s team if the purpose of their lawsuit is now moot. Essentially the court believes the prior lawsuit was based on gathering evidence for the impeachment articles:
If my suspicions are correct [SEE HERE] then Jerry Nadler will respond to the court by saying the HJC needs the 6(e) material to support the obstruction article in a Senate Trial. Per the court deadline, we will know by Monday December 23rd. The obstruction article will then become disposable; it will have fulfilled its purpose.
The original lower court ruling approved the HJC request but limited the scope of the material to only that which Mueller included in his final report. So it’s not accidental that Nadler’s crew shaped an “obstruction” article considering two-thirds of Mueller’s report was structured around… wait for it…. yep, obstruction.
Conveniently a pending Senate Trial against President Trump for obstruction paves the way for the DC appeals court to rule in favor of the HJC need for supportive evidence.
While twisted, this approach screams Lawfare…. that is, to make an indictment and then go fishing for the evidence to support that indictment. Evidence that, not accidentally, carries more political usefulness than the indictment it is intended to support.
Also, it is worth remembering HJC Chairman Jerry Nadler hired Mary McCord as part of his contracted team effort. McCord was the DOJ-NatSec Division head who accompanied Sally Yates to the White House to confront Don McGhan about Lt. Gen. Flynn.
“I think people do see that this is a critical time in our history,” said Mary McCord, a former DOJ official who helped oversee the FBI’s probe into Russian interference in the 2016 presidential election and now is listed as a top outside counsel for the House in key legal fights tied to impeachment. “We see the breakdown of the whole rule of law. We see the breakdown in adherence to the Constitution and also constitutional values.”
“That’s why you’re seeing lawyers come out and being very willing to put in extraordinary amounts of time and effort to litigate these cases,” she added. (link)
My suspicion is the articles of impeachment are a means to an end, and not the end itself.
Defeating and destroying President Trump is the goal, by any means necessary.
This severe type of goal is not guaranteed by relying on a republican Senate to remove him. More extreme Lawfare measures are needed…
Trump Impeached: Instead of a Speedy Trial, the Senate Should Dismiss the Charges
Half of USA Dead Wrong: Trump Impeached with Zero GOP Votes, Tulsi Votes Present
Trump is 3rd President to be Impeached – But Will This Cost the Democrats?
Armstrong Economics Blog/Politics
Re-Posted Dec 18, 2019 by Martin Armstrong
The House voted to impeach Trump as expect along party lines 230-197 to charge Trump with abuse of power and 229-198 to charge him with obstruction of Congress. Only two Democrats voted against both articles, Reps. Collin Peterson of Minnesota and Jeff Van Drew of New Jersey. They are expected to soon switch parties and become Republicans. A third, Rep. Jared Golden of Maine, voted for only one impeachment article.
Rep. Justin Amash of Michigan who was a Republican and claimed to have turned independent, voted to impeach Trump on both counts. Rep. Tulsi Gabbard of Hawaii did not vote and just said present because she is running for the Democratic presidential nomination.
The interesting question will be just how will this impact the 2020 election. The Democrats are now trying to recuse Republicans in the Senate as if the Democrats are unbiased. It really is very sick how the political system has just collapsed. When the Republicans impeached Clinton, Newt Gingrich lost his seat. Most people would never guess but Pelosi’s 12th district has been notorious. The 1946 election in the 12th district saw the five-term incumbent Democrat Jerry Voorhis lose to the Republican challenger Richard Nixon, who would later become president. There is clearly a risk that Pelosi could lose in 2020, but she will be gone clearly in 2022. The Republican held the 12th district for 31 years. That trend has been nearly matched by the Democrats. It does look like the 12th District will flip Republican by 2022.
Hubris – Nancy Pelosi Declares: “the senate rules are unfair” – “when rules become fair we will send articles”…
December 18, 2019
The entire House effort to impeach President Donald Trump has been a one-sided partisan effort; built upon a foundation of manipulation of process and dismissal of the minority rights throughout.
After the House voted along party lines, and in an act of stunning hubris, Speaker Pelosi now declares she will withhold the articles of impeachment until the Senate makes rules that she determines will be “fair” to the prosecution. [Video at 09:00 prompted]
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Cunning Lawfare Maneuver – House Will Withhold Submission of Articles from Senate…
December 18, 2019
Seemingly overlooked by most, when the House voted on the ‘rules of impeachment’ they removed the traditional appointment of House Managers to a later date.
Normally the House Managers would be appointed at the same time as the impeachment vote; however, by withholding the appointment House Democrats are indicating they will not immediately send articles of impeachment to the senate but will rather hold the articles as support for pending court cases toward their judicial authority.
A cunning Lawfare ploy.
As interested observers will note the House never voted to authorize the full judicial impeachment process; instead they voted to approve an inquiry into whether an impeachment should take place. By not voting to authorize articles of impeachment the House never gained ‘judicial enforcement authority‘. The absence of judicial authority is now working its way through the courts in various cases.
It appears the absence of appointing House impeachment managers; and the decision to withhold sending the articles of impeachment to the Senate; is now a specific design.
As the process appears to be unfolding, the Lawfare contracted lawyers representing the House: chief legal counsel Douglas Letter, Barry Berke, Norm Eisen and Daniel Goldman will now argue before the courts that all of the constitutionally contended material is required as evidence for a pending judicial proceeding, a trial in the Senate.
What the house crew have assembled is an interesting back-door attempt to position a valid claim for evidence against the accused without having first gained judicial authority for it. The Lawfare crew will argue to the lower courts, and to SCOTUS, the blocked evidentiary material is critical evidence in a soon-to-be-held Senate trial.
The material they have been seeking is: (1) Mueller grand jury material; (2) a deposition by former White House counsel Don McGahn; and less importantly (3) Trump financial and tax records. Each of these issues is currently being argued in appellate courts (6e and McGahn) and the supreme court (financials/taxes).
The House impeachment of President Trump succeeds in applying the label “impeached president” that was their primary political purpose. President Trump is marred with the label of an ‘impeached president’.
Now the delay in sending the articles of impeachment allows the House lawyers to gather additional evidence while the impeachment case sits in limbo.
The House essentially blocks any/all impeachment activity in the Senate by denying the transfer of the articles from the House to the Senate. Additionally, the House will now impede any other Senate legislative action because the House will hold the Senate captive. Meanwhile the Democrat presidential candidates can run against an impeached President.
Lawfare’s legal svengali Lawrence Tribe recently penned an op-ed with this type of recommendation; and it appears the community that worships Tribe, including the House lawyers writ large, are following his advice.
While Politico outlines the plan from a position if the scheme as a new idea, the fact the House impeachment rules were changed to drop the appointment of the managers speaks to considerable forethought on this type of plan.
It does not appear this is a new idea; rather it looks like this is a pre-planned procedural process by design:
Washington – House Majority Leader Steny Hoyer, the second-ranking lawmaker in the House, said Wednesday that Democrats must discuss a last-ditch gambit to delay sending articles of impeachment to the Senate and prevent the Republican-controlled chamber from summarily discarding the case against President Donald Trump.
“Some think it’s a good idea. And we need to talk about it,” Hoyer said just as the House began debating articles of impeachment that charge Trump with abuse of power and obstruction of Congress.
In recent weeks, some legal scholars have suggested Speaker Nancy Pelosi could consider refusing to transmit articles of impeachment — likely to pass the House Wednesday evening — to the Senate, where Majority Leader Mitch McConnell has declared he is coordinating trial strategy with the White House.
[…] Notably, House Judiciary Committee Democrats huddled with Tribe earlier this month as they practiced behind closed doors for their series of impeachment hearings.
[…] the House could use the delay to continue to build on its evidence for impeachment, and possibly to score additional legal victories that could unlock troves of new evidence and witness testimony that the Trump administration has withheld from Congress. Some of those court cases could be decided within weeks. (read more)



















