Authored by Alan Dershowitz, op-ed via The Hill,
The decision by the Supreme Court to review the lower court rulings involving congressional and prosecution subpoenas directed toward President Trump undercuts the second article of impeachment that passed the House Judiciary Committee along party lines last week.
That second article of impeachment charges President Trump with obstruction of Congress for refusing to comply with congressional subpoenas in the absence of a final court order. In so charging him, the House Judiciary Committee has arrogated to itself the power to decide the validity of its subpoenas, as well as the power to determine whether claims of executive privilege must be recognized, both powers that properly belong with the judicial branch of our government, not the legislative branch. The House of Representatives will do likewise, if it votes to approve the articles, as is expected to occur on Wednesday.
President Trump has asserted that the executive branch, of which he is the head, need not comply with congressional subpoenas requiring the production of privileged executive material, unless there is a final court order compelling such production. He has argued, appropriately, that the judicial branch is the ultimate arbiter of conflicts between the legislative and executive branches. Therefore, the Supreme Court decision to review these three cases, in which lower courts ruled against President Trump, provides support for his constitutional arguments in the investigation.
The cases that are being reviewed are not identical to the challenged subpoenas that form the basis for the second article of impeachment. One involves authority of the New York district attorney to subpoena the financial records of a sitting president, as part of any potential criminal investigation. The others involve authority of legislative committees to subpoena records as part of any ongoing congressional investigations.
But they are close enough. Even if the high court were eventually to rule against the claims by President Trump, the fact that the justices decided to hear them, in effect, supports his constitutional contention that he had the right to challenge congressional subpoenas in court, or to demand that those issuing the subpoenas seek to enforce them through court.
It undercuts the contention by House Democrats that President Trump committed an impeachable offense by insisting on a court order before sending possibly privileged material to Congress. Even before the justices granted review of these cases, the two articles of impeachment had no basis in the Constitution. They were a reflection of the comparative voting power of the two parties, precisely what one of the founders, Alexander Hamilton, warned would be the “greatest danger” of an impeachment.
House Democrats should seriously consider dropping this second article in light of the recent Supreme Court action. In fairness, this development involving the high court occurred after Democrats on the House Judiciary Committee made up their minds to include obstruction of Congress as an impeachment article. Yet the new circumstances give some Democratic members of Congress, who may end up paying an electoral price if they support the House Judiciary Committee recommendation, meaningful reason for voting against at least one of the articles of impeachment.
It would be a smart way out for those Democrats. More important, it would be the right thing for them to do. It would be smart and right because, as matters now stand, the entire process smacks of partisanship, with little concern for the precedential impact which these articles could have on future impeachments. If a few more Democrats voted in a way that would demonstrate greater nuanced recognition that, at the least, the second article of impeachment represents an overreach based on current law, it would lend an aura of some nonpartisan legitimacy to the proceedings.
The first article goes too far in authorizing impeachment based on the vague criterion of abuse of power. But it is the second article that truly endangers our system of checks and balances and the important role of the courts as the umpires between the legislative and executive branches under the Constitution. It would serve the national interest for thoughtful and independent minded Democrats to join Republicans in voting against the second article of impeachment, even if they wrongly vote for the first.
via zerohedge
★Makes $130 to $160 per day online work and i received $16894 in one month online acting from home.I am a daily student and work simply one to a pair of hours in my spare time.Everybody will do that job and monline akes extra cash by simply open this link……Read MoRe
This is a GOOD thing and I hope the DEMS pay a big price for this in years to come
Looks like they are already paying for what they did. Watched Fox and Friends this morning and it was amazing that Adam Schiff’s meeting was interrupted by lots of people yelling “Liar, Liar, Liar”. Love the guy who stood up and said Adam Schiff should be in jail, and that he was a disgrace to the House of Representative.
Oh they will pay. Here in New Jersey, Rep Van Drew is getting heat from all the Democrats, who by the way, gave illegal aliens the ability to vote thru their driver’s licence and nobody can tell me any differently that this is the plan, because he is not keeping to the “Democratic Hate Donald Trump so IMPEACH as long as he’s in office with no Actual facts”.
Time will tell.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/politics/2019/12/16/watch-revolt-in-michigan-town-hall-turns-into-mutiny-as-democrat-congresswoman-announces-impeachment-support/
If those who want proof, here’s a little something showing the revolt of the Impeachment scam.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
” In so charging him, the House Judiciary Committee has arrogated to itself the power to decide the validity of its subpoenas, as well as the power to determine whether claims of executive privilege must be recognized, both powers that properly belong with the judicial branch of our government, not the legislative branch.”
So who is abusing power? Seems to me the House Democrats have forgotten that We the People have 3 branches of government. And to think, House Minority Republicans had to sit for a FULL day with Ivy League Trump-haters and listen to them give “their” version of the Constitution.
Disgusting display of a power hungry, hateful crowd that will do anything to destroy the duly-elected President that 63 Million American taxpayers voted for.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
The claims and the subpoenas have no validity because they believe they have the same power as the Judicial Branch which they do not. When they take it to the Supreme Court, it appears they will lose on both articles cited for impeachment.
The Democrats have painted themselves into a corner and the only way out is to not vote for impeachment.
If the supreme court they lose on both articles of impeachment and this happens after the Senate votes and by some wild chance he loses in the Senate so is officially impeached and removed from office will that be overturned if the supreme court votes that those articles Impeachment unconstitutional?
God Bless America and the People who stand for it.
Independent thought is not a strong suit among democrats. They are more like lemmings than anything else, or perhaps wildebeast storming across the plains, mindless of what is going on around them.
What you, and Trump, are best at is projection! Whatever he is accused of, he immediately turns around and says his accuser is guilty of exactly the same thing. Trump is guilty of many many crimes, and his followers would follow him to hell without once considering that it may be true that their Golden Oldie is actually a very twisted individual, who only cares about himself, although there are miles of proof that this is so.
I say to “President” Trump: “Stop hiding behind Twitter like a whiny little bitch, and testify before the impeachment committee — under oath.”
Wow, seems to me the frustration of the House Democrats NOT showing any wrong doing by the President, along with the Mueller Report which showed nothing, shows in your post.
I am a Trump Supporter. I am an Independent. And I did MY research, and read the transcript that the President gave out to the public to read.
And regarding many, many crimes, I suggest you look into what Hilary Clinton did with her private server as Secretary of State, VP Biden did with his son and Ukraine, and lets not forget Obama and his many crimes that are being hidden.
House Dems started this with their partisan ways and gave President Trump no “due process”, or able to confront his accuser by hiding and protecting the whistleblower who started this.
With a Media that is in the Pocket of the Democratic Party, Our President’s own means to communicate to 63 Million Americans who voted for him is thru Twitter. Love it!
BTW, don’t worry Adam Schiff will continue this ruse of an Impeachment even after the Senate clears the President for no wrong doing because there is none. You will be able to continue hating him UNTIL, if that Beverly Hills meeting is a sign, Adam Schiff is out of office. Hopefully he’ll be in jail for what he has done.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
Where’s your proof Mrs perfect? You are also a sinner in Gods eyes God is the only one who makes judgments not you. Go back to hell where you came from
OMG it’s the Prosecutor that has to prove anything the accused does not have anything to do unless he or she wants to. You are so confused!
Jesus December 17, 2019 at 7:51 pm
OMG it’s the Prosecutor that has to prove anything the accused does not have anything to do unless he or she wants to. You are so confused
Some people can’t really pay attention. You are one of those, “Independent”.
There is nothing that the Democrats have accused PRESIDENT TRUMP of doing that it, in the end and after actual investigation, they didn’t actually do themselves. Biden is ON TAPE telling the planet that he threatened to withhold fund from Ukraine if they didn’t fire the prosecutor that was investigating his drug-addict son.
Try investigating the truth. Start by watching actual footage of your Democrats lying rather than the whitewash job the media does for them. That’s what I do. Wake up.
The Democrats are the guilty ones it all started with Obama when he was elected.Over stepping his power and going against the constitution of these United States at every turn.and every time he thought he could.I can name a couple right off hand DAPA and DACA. But now karma has come rolling around and the liberals are finally going to pay for trying to ignore and over step the American people.One of the big reason Trump is president is, because of Obummer.
UP VOTE for EVERYBODY! GOD Bless President Trump and the U.S.A.!
I almost wish I lived in a Democrat represented area so I could vote AGAINST any democrat running for ANY political office. If one does obtain office, I will look forward to voting for THEIR impeachment. Actions do carry repercussions.
Where’s your proof Mrs perfect? You are also a sinner in Gods eyes God is the only one who makes judgments not you. Go back to hell where you came from
Who are you referring to? Mrs. Perfect? Sorry I don’t think Nancy Pelosi, Maxine Waters, Hilary Clinton, Michelle Michael Obama post here?
If you refer to me, who I know as a Christian am NOT perfect, I do have proof. And regarding hell, come to the Sanctuary State of New Jersey, where illegal aliens who break the law have more rights than Legal American Taxpayers do. Where Dem politicians and their cronies can steal MILLIONS and then get a rigged trial to get them off. Kind of like what Comey did for Clinton.
The only glimmer of hope in the hell created by Socialist Dems and weak spined Rinos here in New Jersey has been President Donald J Trump. I THANK GOD every day.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/politics/2019/12/16/outside-officers-patrol-jersey-city-so-local-cops-can-attend-funeral/
My heartfelt condolences to the OUTSTANDING officer that we lost because of HATE. Yep 5 children now live in a hell without their Father. All because of HATE.
To those outside officers, thank you for volunteering. And thank you to ALL officers in this Sanctuary State. Illegal aliens have NO respect for our laws and their Globalist handlers do not as well.
Too many fine officers have been killed this year because of the Globalists who want to rid Our Country of laws. Or have watered down the officers ability to DO THEIR JOB!!!
As stated on Fox and Friends today, the so-called drivers licenses for illegal aliens will impede our officers from doing their job to PRESERVE AND PROTECT. That all falls on not only Governor Murphy but every Governor and Mayor who protects illegal aliens who break our laws.
This was a disgusting attack and innocent lives have been lost. But do the Liberals care, NO!!!!!!
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/politics/2019/12/17/house-judiciary-committee-report-misquotes-trump-again-on-article-ii-constitution/
Well, well. Schiffy Schiff has his “mysterious” whistleblower, and now Nadler likes to misquote.
So who is abusing power? Gee not a lawyer or anything but this truly sounds like libel
Libel: a published false statement that is damaging to a person’s reputation; a written defamation.
But that’s ok, anything to get that 3 year process of removing a President that 63 Million Taxpaying Americans voted for out of office. This is truly disgusting.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
DEMS ARE TO STUPID TO REALIZE WHAT THE SUPREME COURT JUST DID FOR TRUMP , BUT NOBODY NEVER SAID THEY WERE SMART . TRUMP2020
President TRUMP isn’t a “has been”
rather he’s very far from being a “has been-do nothing” politician
But he rather a extremely formidable active powerful. & successful promise keeper
that’s that
OH YES, lets do that immediately
💥💞👍TRUMPence our/his US ReTRUMPlican Lawmakers 2016-2028 successfully US Landslide Reelected assuredly
Amen & Amen👍💞💥
The Democrats won’t listen and they will impeach with the second accusation included. For years, the Democrats have felt that the Rule of Law does not apply to them. Obama ignored and violated numerous Laws without penalty. It’s hysterical listening to the Democrats crow about their responsibility in the Constitution to impeach the President when they have ignored the Constitution for over 12 years. Obamacare was “unconstitutional” so Roberts just changed the wording and Obama got what he wanted. Killing a baby that is alive and full-term is murder, but not to the Democrats. Taking our guns is unconstitutional, but not to the Democrats. They only refer to the Constitution when they need it and they really needed it to make this travesty of justice appear legit.
I say to all DEMOCRATS, get educated. Stop listening to the LYING, HATE-FILLED Schiff, Pelosi, Nadler, and Schumer. The witnesses in their sham hearings came up with only their biased opinions, hearsay, and their hate for Trump. Not one real fact was shown in the entire fake hearings. Schiff and Nadler were the prosecutor, judge, and jury. There was no fairness at all I. The Democrats abused THEIR POWER and they certainly obstructed justice. The Democrats are desperate because the new JUSTICE DEPARTMENT IS INVESTIGATING THEIR CRIMES IN 2016 ELECTION AND IN FOREIGN COUNTRIES. AM LOOKING FORWARD TO SEEING THESE SOCIALISTS DEMOCRATS CHARGED AND SENTENCED TO PRISON. HILLARY, SCHIFF, PELOSI, NADLER, AND SCHUMER WILL LOOK GOOD BEHIND BARS. VOTE RED IN 2020. REMOVE ALL DEMOCRATS FROM OFFICE.
https://www.breitbart.com/politics/2019/12/17/george-conway-other-never-trumpers-launch-super-pac-aimed-at-stopping-trumps-reelection/
“The principals include former John McCain adviser Steve Schmidt, former Ohio Gov. John Kasich adviser John Weaver, former New Hampshire GOP chair Jennifer Horn, veteran Republican operative Rick Wilson, and Conway.”
So Republicans, here are the Rinos that have made your spines weak for years. President Trump, especially watching the House Minority Republicans GAVE you the FIGHT and the BACKBONE to stand up to those Dem/Rino globalist ways.
“The launch comes as President Trump has matched his best approval rating ever — 43 percent — despite House Democrats readying a full House impeachment vote, according to the latest Quinnipiac poll.”
Yep President Trump Won no matter what Rinos and Dems threw at him. We the People saw. And We the People see that due to ALL THIS BS thrown at him by Rinos and Dems President Trump STILL has made America Great again. We are Proud again, We are Strong again.
So to those Republicans who are fighting for We the People, Stand strong against the same party members who want to tear it all down!!!!
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
https://www.breitbart.com/politics/2019/12/17/pollak-house-democrats-violated-the-first-fourth-fifth-and-sixth-amendments-in-impeachment-inquiry/
Gee, all these Dems talking about the Constitution, but seem to have forgotten the Bill of Rights. Like the 3 branches of government.
“Is the Bill of Rights part of the Constitution?
The 10 amendments that are now known as the Bill of Rights were ratified on December 15, 1791, thus becoming a part of the Constitution. … Bill of Rights Day is observed on December 15 each year, as called for by a joint resolution of Congress approved by President Franklin D. Roosevelt in 1941.”
Just so Dems know as it seems Schiff and Nadler forgot (wink, wink).
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
The Supreme Court exists for a really good reason…to help check any overreach of power from with of the other branches.
https://www.breitbart.com/politics/2019/12/17/read-donald-trumps-historic-impeachment-takedown-letter-to-nancy-pelosi/
All should read. Excellent letter! Thank you President Trump. So glad you put it all in your words so that generations will see it and hopefully all that you have had to endure does NOT happen to another President.
GOD BLESS PRESIDENT TRUMP! GOD BLESS THE USA!
If POTUS is guilty of all these crimes you espouse, why are’n’t they listed in the articles of impeachment? Not one crime is part of impeachment articles.
When a president does not sign into law a bill put before him by congress, is that obstruction of congress? Does congress believe that it is not a co-equal branch of government and has authority over the executive branch and the judicial branch? If not, why do they act as if they believe this? Is there not a remedy for this type of behavior coming to a voting booth in your neighborhood?
★Makes $130 to $160 per day online work and i received $16894 in one month online acting from home.I am a daily student and work simply one to a pair of hours in my spare time.Everybody will do that job and monline akes extra cash by simply open this link……Read MoRe
Ban all Obama’s from the voter ballots from here on out! I’m not racist he could be purple. pink & polka dotted, I don’t like the way he flies around the world blowing taxpayer money for his overexcessive jet fuel use; & using “we the people” to hand over our property for him to sell off as Revenue for his shadow gov’t pockets Agenda! Nuff said, thank you kindly.
★Makes $130 to $160 per day online work and i received $16894 in one month online acting from home.I am a daily student and work simply one to a pair of hours in my spare time.Everybody will do that job and monline akes extra cash by simply open this link……Read MoRe
★Makes $130 to $160 per day online work and i received $16894 in one month online acting from home.I am a daily student and work simply one to a pair of hours in my spare time.Everybody will do that job and monline akes extra cash by simply open this link……Read MoRe