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I. The Articles Fail Because They Do Not Identify Any Impeachable Offense.
A. House Democrats’ Theory of “Abuse of Power” Is Not an Impeachable
Offense.
B. House Democrats’ Theory of “Obstruction of Congress” Is Not an
Impeachable Offense.
originally posted by: Dr UAE
a reply to: Sookiechacha
Trump didn't assert executive privilege
prove it
Both President Trump and Attorney General Barr are now openly ordering federal employees to ignore congressional subpoenas and simply not show up — without any assertion of a valid legal privilege
The Trump administration's claim that White House aides don't have to comply with congressional subpoenas is “a fiction” that “simply has no basis in the law,” the judge ruled.
Absolute immunity goes much further than executive privilege. The idea of executive privilege is that the executive branch should be able to withhold information on specific confidential communications. In practice, that means senior White House advisers could appear to testify, and could then hold back certain information they deem privileged.
In contrast, the claim of absolute immunity is that some senior White House staff who work directly with the president cannot be subjected to subpoena at all. If Congress calls, the answer is no. The subject of the subpoena doesn’t matter; that’s what puts the “absolute” in absolute immunity.
"Why not wait for the courts to rule?" Stephanopoulos asked.
How long do the courts take?" Pelosi said. "We have confidence in our case."
originally posted by: Sookiechacha
Executive privilege isn't asserted by defying or ignoring subpoenas. It's exerted by answering with a refusal to comply due to executive privilege. Then a judge decides whether or not the material falls under exectutive privilege.
Please show me where the Trump administration did that?
originally posted by: CynConcepts
a reply to: Sookiechacha
ABC News asked Pelosi on Jan 12 2020:
"Why not wait for the courts to rule?" Stephanopoulos asked.
How long do the courts take?" Pelosi said. "We have confidence in our case."
Source
She admits that they refused to follow the court process based on mere assumptions.
The subpeonas were never officially enforced as of Jan 12, 2020. Trump wasn't obstructing, he was simply following the legal process set forth by the House Resolution in June 11 2019.
Why is this so difficult for the Dems to understand when they are the ones who created the process?
A subpeona can ONLY be enforced via the courts. All subpeonas until that time are simply House requests and NOT enforced.
How long do the courts take?" Pelosi said. "We have confidence in our case."
originally posted by: Sookiechacha
Trump made a blanket statement, and this is what the Democrats are arguing, that all House subpoenas should be defied, ignored. He didn't address any of them individually, or claim executive privilege per the subpoenas' requests. As Nadler complained, when they ignore a subpoena, there is no executive privilege question to ask the courts to address.
originally posted by: Sookiechacha
Pelosi has confidence because "absolute immunity" isn't a constitutional or otherwise legal thing, even without SCOTUS telling us so.
The House could have went to the courts and they never did.
originally posted by: Sookiechacha
a reply to: Xtrozero
The House could have went to the courts and they never did.
That's not true. They took Don McGahn and the Trump Administration to court over McGahn's subpoena. They won twice. Now, Trump is appealing those rulings to the Supreme Court, still arguing "absolute immunity".
originally posted by: Sookiechacha
That's not true. They took Don McGahn and the Trump Administration to court over McGahn's subpoena. They won twice. Now, Trump is appealing those rulings to the Supreme Court, still arguing "absolute immunity".
Our system was established for a reason...justice for all. Yes, they do need to go through the tedious court processes, to ensure justice for all. it may be frustrating and time consuming, but it is the fairest justice system in this whole world.
Ok...where is the obstruction then...
Trump is being 'accused by a partisan group only' that he was coercing a foriegn government to effect this 2020 election.
Seriously, if both sides of the partisan aisle of Congress were on board, it would give me pause.
Such deference of laws will ALWAYS be injustice when simple accusations force you to defend yourself!
This is exactly why there is no legitimate reason to toss Trump out of office.