Friday, January 29, 2021

Impeaching a Former President Is Plainly Constitutional








Impeaching a Former President Is Plainly Constitutional

Two days ago, all but five of the fifty sitting Republican United States Senators voted to dismiss the House’s second impeachment of Donald Trump, relying on the nakedly dishonest argument that the Constitution does not allow former federal officials to be impeached and tried by Congress. That Republican ploy was a travesty, and it is good that it failed.
Many scholars and commentators have already weighed in on the Republicans’ argument, and the overwhelming weight of opinion is that there is no constitutional bar to impeaching or trying a former president. One particularly good op-ed discussing this question was penned by Professor Laurence Tribe, who forcefully responded to a contrarian (or, more accurately, a crankish) view that had been advanced by a retired federal judge.
As Tribe and others have shown, all of the ways in which we understand and interpret the Constitution lead to the conclusion that Trump can be convicted after a Senate impeachment trial. Notably, for example, there is ample evidence that the framers’ original view of the impeachment power certainly extended to post-term impeachments and trials.
Here, I want to offer an even more basic argument to explain why the Constitution unquestionably allows impeachments in the current context. The constitutional text itself makes it abundantly clear that there is no barrier to trying Trump next month—or later this year, or any time at all.
Allow me to be blunt: One need not even look at the historical context, the canons of construction, or any parade of horribles that will soon be on the march if we do not hold a trial, as persuasive and legally sufficient as those arguments might be. The words of the Constitution itself make clear that what Democrats are doing is fully legitimate.
Textualism Is Not Always Dispositive, But It Is Absolutely Clear Here
Article II, Section 4 of the Constitution provides: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” According to Republicans, this means that Congress cannot impeach or convict a former president, because he is not the President. By virtue of the fact that he is no longer in office and cannot be removed, they say, he cannot be impeached or convicted in the first place.
I will turn to a related constitutional provision that puts this matter in full context in a moment, but imagine first that the words above were the only relevant constitutional directive on the question at hand. What does the Constitution say, simply as a matter of text? It says that, “on Impeachment … and Conviction,” a president shall be removed from office. What it does not say, however—what it does not even come close to saying—is that the House and Senate may not pursue the impeachment and conviction of someone who is no longer in office. It says only that if they do so against a sitting president, a convicted miscreant shall be removed from office. If that person is already out of office, then removal is obviously unnecessary.
Again, remember that Article II, Section 4 only applies to “The President, Vice President and all civil Officers.” That only means that when any of those people is impeached and convicted, he shall be removed from office. It says nothing about what to do about anyone else who has been impeached, such as a former president.
There is no way to read those words as a prohibition on trying and convicting ex-presidents (or other impeachable officials). Imagine an anti-burglary law requiring that ex-felons be sentenced to longer terms than first-time offenders. Such a law could not be held somehow to mean that first-time offenders cannot be convicted of burglary. It merely means that a particular consequence shall apply to one category of offenders and not to others.
As far as the Constitution tells us, Congress could impeach anyone it wants, anytime it wants. Again, the only thing that Article II, Section 4 tells us is that if a person is convicted and is currently holding office, then he shall be removed. Republicans want to rewrite that provision to say that the only time that Congress can hold impeachment proceedings is when a president is still in office, but that is not what the provision says.
To summarize the point as simply as possible, the Constitution says that a sitting president, if he is impeached and convicted, shall be removed from office. Republicans read those words and draw this conclusion: “Only sitting presidents may be impeached and convicted.” The correct conclusion, however, is actually obvious to the point of being trivial: “If a former president is impeached and convicted, he obviously need not be removed from office.”
Indeed, we can think of impeaching and trying a former pr

Saturday, January 23, 2021

REJOICE! Impeachment Articles INTRODUCED Against Biden! Two Can Play at ...

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                         22JAN2021 affidavit re Penalty perjury

                                 Affiant White Trump 
Supporter. THEREFORE WHITE SUPREMIST, DISCLAIMER;
 
Google Scrubbed Censored the Impeach Biden go to Bing
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                                                     1. Impeach Biden by GOP Margary Greene
                                                     2.  Murder at Capitol Ashley Babbit
                                                     3. Attorney Article on Impeachment
 
 
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                       LEGAL NOTICE TO ALL DEMOCRATS, THIS PROUD WHITE WOMAN MUST STAND WITH PRESIDENT TRUMP, AFFIANT SHARON IF PRESIDENT TRUMP COMMITTED ANY HIGH CRIMES/MISDEMEANORS OF SUCH MAGNITUDE THEN AG'S MUST PROSECUTE
The Case Against Retroactive Impeachment Trials: A Response To The Open Letter Of Scholars – JONATHAN TURLEY
                     
In a message dated 1/19/2021 4:51:58 PM Central Standard Time, sharon4anderson@aol.com writes:
 
In a message dated 1/17/2021 12:48:49 PM Central Stan
 
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United
Judiciary Committee Releases Transcripts of Interviews Conducted During Oversight of Crossfire Hurricane Investigation
WASHINGTON – The Senate Judiciary Committee, chaired by U.S. Senator Lindsey Graham (R-South Carolina), today released transcripts of interviews conducted during its inquiry into the origins and aftermath of the Crossfire Hurricane Investigation.
“I consider the Crossfire Hurricane investigation a massive system failure by senior leadership, but not representative of the dedicated, hardworking patriots who protect our nation every day at Federal Bureau of Investigation and the Department of Justice.
“As chairman of the Senate Judiciary Committee, I have decided to release all transcripts of depositions involving the committee’s oversight of the Crossfire Hurricane investigation. We have released as much material as possible, but some classified material has still been withheld.
“I appreciate all those who participated in the depositions and their candor. They have charted a path to allow us to reform the system.
“I believe that Crossfire Hurricane was one of the most incompetent and corrupt investigations in the history of the FBI and DOJ.
“The FISA court was lied to. Exculpatory information was withheld on those being investigated. The investigators, with some notable exceptions, were incredibly biased and used the powers of law enforcement for political purposes. The subjects of the investigation had their lives turned upside down. It is my hope that counterintelligence investigations will be reined in and this never happens again in America.
“The leadership of the FBI under Comey and McCabe was either grossly incompetent or they knowingly allowed tremendous misdeeds. There was a blind eye turned toward any explanation other than the Trump campaign was colluding with foreign powers. At every turn the FBI and DOJ ran stop signs that were in abundance regarding exculpatory information.
“The FISA warrant applications against Carter Page were a travesty, and those who signed them have acknowledged that if they knew then what they know now, they would not have signed it.
“It is hard to believe that the senior officials at the FBI did not know that the Steele Dossier had been disavowed by the Russian subsource. It is equally hard to believe that the warnings from the CIA and other agencies about the reliability of Christopher Steele and the dossier were not known to senior leadership. It is my hope that the Durham report will hold those accountable for the travesty called Crossfire Hurricane.
“There was no ‘there’ there. The investigation was pushed when it should have been stopped and the only logical explanation is that the investigators wanted an outcome because of their bias.
“Former FBI Director Comey and his deputy Mr. McCabe, through their incompetence and bias, have done a great disservice to the FBI and DOJ, and the senior DOJ leadership who signed off on the work product called the Crossfire Hurricane investigation have created a stain on the department’s reputation that can only be erased by true reform.
“I hope that the media will look closely at what happened and examine these documents, but I am not holding my breath.
“I appreciate the hard work of Inspector General Horowitz who uncovered the massive abuses of Crossfire Hurricane. His team should be proud of the work they did, as it will be used over time to reform the DOJ and FBI.
“I’m proud of the Judiciary staff and the work product produced by the Senate Judiciary Committee. I am disappointed that Democrats did not take it more seriously, but I do believe what the committee did will pave the way for much-needed reforms regarding future investigations.
“I will be pursuing reforms of counterintelligence investigations and warrant applications, and hope that my Democratic and Republican colleagues can find common ground on these matters. I also hope and expect that FBI Director Wray will continue the reforms he has started. It is hard to believe that something like Crossfire Hurricane could have happened in America.
“The bottom line is that going forward we must have more checks and balances when it comes to political investigations. We must have more meaningful sign-offs on warrant applications, and we need to restore the trust to the American people in this system.”
The committee released 11 transcripts of bipartisan staff interviews conducted from Tuesday, March 3, 2020 to Thursday, October 29, 2020.
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FISA Abuse Investigation

 
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Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, www.taxthemax.blogspot.com 

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In a message dated 1/17/2021 12:33:02 PM Central Standard Time, sharon4anderson@aol.com writes:
 
  SUN.17JAN2021
                         SHARON HAS MAJOR EYE ISSUES, BUT FOR GRACE OF GOD MUST PUBLISH, CHALLENGE AS ALL WHITE HISTORY,LEGACY IS AT RISK.
                               TO ABOVE NAMED,MEDIA ET AL
AFFIANT RE PENALTY OF PERJURY  LOYAL TRUMP SUPPORTER MUST SUPPORT AND DEFEND STATE AND FEDERAL
 
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