Platinum Contributing Member Highmark Posted January 20, 2020 Platinum Contributing Member Share Posted January 20, 2020 (edited) Doesn't get any clearer than this. https://www.foxnews.com/opinion/trump-impeachment-trial-four-legal-problems-house-democrats-jenna-ellis 1. The Substance Problem — The Articles don’t identify any impeachable offense or even any crime Article II, Section 4 of the U.S. Constitution clearly and intentionally limits impeachment to instances of “treason, bribery, or other high crimes and misdemeanors.” The two articles of impeachment do not allege any conduct that fits within that constitutional definition, or even any crime whatsoever. “Abuse of power” and “obstruction of Congress” are vague allegations and a newly invented theory from the Democrats — not an allegation that is a violation of any actual law. Trump’s brief notes that every prior presidential impeachment in U.S. history has been based on allegations of violations of existing law (specifically, criminal law). For example, though Clinton was ultimately not convicted in the Senate of an impeachable offense, that impeachment still alleged violations of existing federal criminal law — felonies. “Abuse of power” and “obstruction of Congress” are not criminal violations, just catchy phrasing that the Democrats are using to create the public perception of wrongdoing. 2. The Process Problem — The Impeachment inquiry was irredeemably flawed House Democrats violated all precedent and due process while conducting their impeachment inquiry and their goal was never to ascertain the truth. Certain constitutional protections, including due process, are afforded to every defendant and the context of an impeachment and a trial is no different legally in terms of constitutional protections. While the punishment for conviction in the context of a presidential impeachment is removal from office (unlike a regular criminal trial where the sentence structure is different), the fact that the penalty is unique for impeachment does not divest or remove any constitutional protections from a sitting president. It’s not up to the Senate to now try to help the House’s flawed and illegal inquiry by entertaining witnesses or curing a defective process. If the House Democrats really wanted to ascertain the truth and fact-gather, they should have allowed minority witnesses and the president’s legal team to participate during the inquiry and not simply tried to meet their internal deadline for impeachment, and conducted their inquiry fairly. Malicious prosecution is seeking an outcome of conviction regardless of what the evidence shows and railroading the process. That’s exactly what the House Democrats are doing. 3. The Evidence Problem — House Democrats have no evidence to support their claims The evidence in the House record shows President Trump didn’t condition security assistance or a presidential meeting on announcement of any investigations. Further, witnesses only provided their beliefs, interpretation, and speculation, and most were not even directly knowledgable of the July 25 call. The two people actually on the call—President Trump and Ukraine President Zelensky—both have affirmed there was no pressure or condition. In fact, Ukraine wasn’t even aware the aid was temporarily held, which was entirely unrelated to the phone call. Article II vests all executive authority in the president. This means that the Constitution gives the president sole authority to enforce all executive policy decisions, including foreign policy. While subordinates or Congress may or may not agree with these decisions, it is the president’s prerogative. The reason Trump’s legal team continues to refer to “overturning the 2016 election” is because the American people voted to elect President Trump, which means we, the voters, selected him to have and exercise the Constitution’s presidential executive authority. For the House to second-guess the will of the American people and impeach Trump for a policy decision they disagree with means they are trying to second-guess our choice for president. 4. The Structure Problem — The Articles are structurally deficient and can only result in acquittal. In law, there is a prohibition against a charge that is “duplicitous”—that is, if it charges two or more acts or offenses in the same count. For example, a complaint against a defendant cannot charge only one count of speeding but allege the defendant sped in January and then again in July. Each of those two instances is separate and the evidence for each speeding allegation would have to be proven on its own. Otherwise, half the jury might be convinced of the evidence for the January speeding and vote for conviction, and the other half convinced of the June instance of speeding. Thus, the jury is not truly unanimous in its verdict. Tried separately, the defendant would be acquitted of both alleged speeding instances. Here, the House Democrats are charging multiple different acts as possible grounds for conviction, and Constitution requires two-thirds of Senators present to agree on the specific basis for conviction. So a vote from the Senate on the articles as written cannot ensure that a two-thirds majority agreed on one particular ground for conviction. This is a more technical legal argument, but a very important one. It shows yet again how the House completely threw out all prior established law and precedent in their impeachment. The legal remedy for such a fatal error is granting a motion to dismiss, which would be entirely proper on this argument alone. Since the initial poorly orchestrated press conference on September 24, Democrats have been relying on optics and a partisan majority in the House to guarantee their desired outcome. Faced now with having to actually prove their case using law and fact, not polling and focus groups, the Democrats are learning why our American system requires due process and justice—much more difficult than trying a case in the court of public opinion. As the president’s legal team argued in their answer filed Saturday, this entire sham is setting a dangerous precedent. If allowed to proceed beyond outright dismissal and acquittal, any future U.S. president would be subject to an opposition party’s majority whim in the House to impeach for literally any reason it manufactures. No president constitutionally should have to answer to Congress in the context of an impeachment trial for perfectly valid executive decisions. We have one chief executive, not 535. Edited January 20, 2020 by Highmark Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Jimmy Snacks Posted January 20, 2020 Platinum Contributing Member Share Posted January 20, 2020 Since this is how the game is played around here let me just say....... Fox News Opinion Piece........hahahahahaha!!!! N Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Highmark Posted January 20, 2020 Author Platinum Contributing Member Share Posted January 20, 2020 (edited) 6 minutes ago, Jimmy Snacks said: Since this is how the game is played around here let me just say....... Fox News Opinion Piece........hahahahahaha!!!! N Debate the substance of the article not....oh never mind. Look who I'm talking to....carry on MC. Edited January 20, 2020 by Highmark Quote Link to comment Share on other sites More sharing options...
Rod Posted January 20, 2020 Share Posted January 20, 2020 Dog and pony show Quote Link to comment Share on other sites More sharing options...
Anler Posted January 20, 2020 Share Posted January 20, 2020 yeah but they can get Trump to do what they want him to like a little flunky now. If he doesnt do it they kick his ass out! Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Jimmy Snacks Posted January 20, 2020 Platinum Contributing Member Share Posted January 20, 2020 (edited) 1 hour ago, Highmark said: Debate the substance of the article not....oh never mind. Look who I'm talking to....carry on MC. 1 hour ago, Jimmy Snacks said: Since this is how the game is played around here let me just say....... Fox News Opinion Piece........hahahahahaha!!!! N Sure HM...I've already said he won't be convicted in the Senate but since when has anybody around here debated the substance of any article...especially any article critical of Trump or his policies. No debate whatsoever...just dismissal of the source. Edited January 20, 2020 by Jimmy Snacks Quote Link to comment Share on other sites More sharing options...
Mainecat Posted January 20, 2020 Share Posted January 20, 2020 More covering for the commie president. PATHETIC Quote Link to comment Share on other sites More sharing options...
DriftBusta Posted January 20, 2020 Share Posted January 20, 2020 1 hour ago, Highmark said: Debate the substance of the article not....oh never mind. Look who I'm talking to....carry on MC. Exactly. You’re either going to get a personal insult, deflection or both. Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Highmark Posted January 20, 2020 Author Platinum Contributing Member Share Posted January 20, 2020 (edited) 14 minutes ago, Jimmy Snacks said: Sure HM...I've already said he won't be convicted in the Senate but since when has anybody around here debated the substance of any article...especially any article critical of Trump or his policies. No debate whatsoever...just dismissal of the source. I comment on items in articles posted all the time. Edited January 20, 2020 by Highmark Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Skidooski Posted January 20, 2020 Platinum Contributing Member Share Posted January 20, 2020 (edited) 28 minutes ago, Mainecat said: More covering for the commie president. PATHETIC I see the joke of the forum chimed in Edited January 20, 2020 by Skidooski Quote Link to comment Share on other sites More sharing options...
Carlos Danger Posted January 20, 2020 Share Posted January 20, 2020 40 minutes ago, Mainecat said: More covering for the commie president. PATHETIC When the Obama administration which included Hillary Clinton was lining their pockets with Russian oligarch money during the urainium one deal were you calling them commies? Quote Link to comment Share on other sites More sharing options...
Zambroski Posted January 20, 2020 Share Posted January 20, 2020 What I find absolutely hilarious is the Dems ability to strut around like they have any credibility at all. I mean...AT ALL! Imbeciles still sold on their own idea that of you feel your emotions strong enough and cry hard enough...you can make things real and factual. Total hacks...along with anybody here that is defending this path they’ve taken. It honestly looks like total weak minded stupidity to me. 1 Quote Link to comment Share on other sites More sharing options...
DriftBusta Posted January 21, 2020 Share Posted January 21, 2020 16 minutes ago, Zambroski said: What I find absolutely hilarious is the Dems ability to strut around like they have any credibility at all. I mean...AT ALL! Imbeciles still sold on their own idea that of you feel your emotions strong enough and cry hard enough...you can make things real and factual. Total hacks...along with anybody here that is defending this path they’ve taken. It honestly looks like total weak minded stupidity to me. X2. Or really short, selective memories. Quote Link to comment Share on other sites More sharing options...
Anler Posted January 21, 2020 Share Posted January 21, 2020 1 hour ago, Highmark said: I comment on items in articles posted all the time. Whether you read them or not! 1 Quote Link to comment Share on other sites More sharing options...
Sleepr2 Posted January 21, 2020 Share Posted January 21, 2020 3 hours ago, Mainecat said: More covering for the commie president. PATHETIC Says the hypocrite that hero worshiped a commie for decades🖕 Quote Link to comment Share on other sites More sharing options...
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