This Is A Perfect Example Of Spin

CNS News posted a transcript of the letter Speaker of the House Nancy Pelosi wrote to Senate Majority Leader Mitch McConnell regarding impeachment.

Here is the letter:

Dear Colleague on Next Steps on Impeachment

January 10, 2020

Press Release

Dear Democratic Colleague,

For weeks now, Senate Republican Leader Mitch McConnell has been engaged in tactics of delay in presenting transparency, disregard for the American people’s interest for a fair trial and dismissal of the facts.

Yesterday, he showed his true colors and made his intentions to stonewall a fair trial even clearer by signing on to a resolution that would dismiss the charges.  A dismissal is a cover-up and deprives the American people of the truth.  Leader McConnell’s tactics are a clear indication of the fear that he and President Trump have regarding the facts of the President’s violations for which he was impeached.

The American people have clearly expressed their view that we should have a fair trial with witnesses and documents, with more than 70 percent of the public stating that the President should allow his top aides to testify.  Clearly, Leader McConnell does not want to present witnesses and documents to Senators and the American people so they can make an independent judgment about the President’s actions. 

Honoring our Constitution, the House passed two articles of impeachment against the President – abuse of power and obstruction of Congress – to hold the President accountable for asking a foreign government to interfere in the 2020 elections for his own political and personal gain.  

While the House was able to obtain compelling evidence of impeachable conduct, which is enough for removal, new information has emerged, which includes: 

·         On December 20, new emails showed that 91 minutes after Trump’s phone call with Ukrainian President Zelensky, a top Office of Management and Budget (OMB) aide asked the Department of Defense to “hold off” on sending military aid to Ukraine.

·         On December 29, revelations emerged about OMB Director and Acting Chief of Staff Mick Mulvaney’s role in the delay of aid, the effort by lawyers at the OMB, the Department of Justice and the White House to justify the delay, and the alarm that the delay caused within the Administration.

·         On January 2, newly-unredacted Pentagon emails, which we had subpoenaed and the President had blocked, raised serious concerns by Trump Administration officials about the legality of the President’s hold on aid to Ukraine. 

·         And on January 6, just this week, former Trump National Security Advisor John Bolton announced he would comply with a subpoena compelling his testimony.  His lawyers have stated he has new relevant information.  

I am very proud of the courage and patriotism exhibited by our House Democratic Caucus as we support and defend the Constitution.  I have asked Judiciary Committee Chairman Jerry Nadler to be prepared to bring to the Floor next week a resolution to appoint managers and transmit articles of impeachment to the Senate.  I will be consulting with you at our Tuesday House Democratic Caucus meeting on how we proceed further.  

In an impeachment trial, every Senator takes an oath to “do impartial justice according to the Constitution and laws.”  Every Senator now faces a choice: to be loyal to the President or the Constitution.  

No one is above the law, not even the President.

Thank you for your leadership For The People.

Sincerely,

Wow. It is my sincere hope that American voters are smart enough to see this for the sham that it is.

The Real Game

As you no doubt are aware, Senator Schumer has ‘uncovered’ documents that show that the Democrats need to call witnesses in the Senate in addition to witnesses that testified in the House of Representatives. While this is much ado about nothing, The Conservative Treehouse posted an article today that explains the actual goal of all the drama. The article is very detailed (including the full arguments from the House of Representatives asking for more witnesses and the Department of Justice’s response). I suggest that you follow the link above to read the entire thing.

The article notes:

As we suspected, albeit against much criticism, House counsel Doug Letter has responded to the DC Appeals Court arguing the forced testimony of White House counsel Don McGahn is needed for evidence in impeachment trial. [Court pdf Avail Here]

This court filing today bolsters the unspoken background motive for delayed House Impeachment Managers.  The House Judiciary Committee is using impeachment as support for their ongoing effort to gain: Don McGahn deposition, and Mueller grand jury material (6e).  The goal is opposition research; impeachment is a tool to establish legal standing to obtain it.  Everything else is chaff and countermeasures.

The Democrats are looking for a legal basis to continue their fishing expedition to gather campaign fodder for 2020.

The article continues:

This court filing bolsters CTH analysis that 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.

…REMINDER: The House Judiciary Committee (HJC) led by Chairman Jerry Nadler has been seeking: (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).

Looking at the legal maneuvers from 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.

The article highlights some of the Department of Justice response:

[…] “Pursuing an interbranch suit in court while simultaneously pursuing impeachment, and then using that litigation as part of the impeachment proceedings, is “far from the model of the traditional common-law cause of action at the conceptual core of the case-or-controversy requirement.” Raines v. Byrd, 521 U.S. 811, 833 (1997) (Souter, J., concurring). But that is exactly what the Committee has done. The effect of that choice is
to “embroil the federal courts in a power contest nearly at the height of its political tension.” Id.

Indeed, if this Court now were to resolve the merits question in this case, it would appear to be weighing in on a contested issue in any impeachment trial. That would be of questionable propriety whether or not such a judicial resolution preceded or post-dated any impeachment trial. Cf. Nixon v. United States, 506 U.S. 224, 232, 235-36 (1993).

The now very real possibility of this Court appearing to weigh in on an article of impeachment at a time when political tensions are at their highest levels—before, during, or after a Senate trial regarding the removal of a President—puts in stark relief why this sort of interbranch dispute is not one that has “traditionally thought to be capable of resolution through the judicial process.” Raines, 521 U.S. at 819.

This Court should decline the Committee’s request that it enter the fray and instead should dismiss this fraught suit between the political branches for lack of jurisdiction.

Stay tuned. Meanwhile, understand that the emails that Senator Schumer has discovered are not a ‘smoking gun’–they are simply a record of the way business is done in Washington.