Tag Archives: articles of impeachment

Still Not Playing By The Rules Of Evidence

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One of the aspects of justice in America is the idea that the evidence against the defendant has to be revealed to the defense so that they can prepare their case. That is part of the fairness that has been injected into the American justice system. Every American is entitled to have access to the evidence against him before he is tried for a crime. Unfortunately the Democrats have chosen not to honor this principle.

The Gateway Pundit posted an article today about the latest attempt by Congressional Democrats to deny basic civil rights to President Trump. Keep in mind that if the President can be denied his civil rights, any American can also be denied those rights.

The article reports:

Rep. Adam B. Schiff and his fellow colleagues on the House impeachment management team spent nearly 24 hours last week repeatedly hyping the testimony from 17 witnesses interviewed during the House’s impeachment inquiry.

But they seem to have forgotten all about the testimony from an 18th witness.

Michael Atkinson, the intelligence community’s inspector general, delivered 179-pages worth of testimony before House investigators. Atkinson, it turns out, has direct knowledge of the origins of a complaint from a whistleblower that kicked off the whole impeachment probe.

While Schiff and his colleagues talk openly about the testimony of the 17 witnesses, members of the House Permanent Select Committee on Intelligence who interviewed Atkinson are not permitted to talk about the IG’s testimony.

But Republicans on that committee say his testimony should see the light of day.

“The reason it hasn’t been released is it’s not helpful to Adam Schiff. It is not helpful to the whistleblower,” said Rep. John Ratcliffe (R-TX). And Ratcliffe knows: he is among the lawmakers who attended the October interview of Atkinson. “It raises credibility issues about both of them.”

Schiff, Ratcliffe said, “is trying to bury that transcript.”

Because Atkinson’s testimony has been deemed classified, only members of the House intelligence committee have seen it, and President Trump’s legal team has not been allowed to view the transcript.

It is denied a copy.

Atkinson’s interview before House lawmakers covered the origins of the whistleblower complaint that led to the two articles of impeachment, the Washington Times reported. “Mr. Trump’s supporters charge that the whistleblower was part of a scheme to take down the president and that the complaint was coordinated by Mr. Schiff, chairman of the intelligence committee and the lead House impeachment manager prosecuting the case.”

In a perfect world, the impeachment of President Trump would be tossed out because the President’s civil rights have been violated repeatedly. It will be interesting to see if the lack of this piece of evidence is mentioned by the President’s defense team this week.

Why This Impeachment Show Is Bad For America

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President Trump is being impeached on the basis of a telephone call we have a transcript of. The content of the call has been made public. The content of a second call has also been made public. It should be noted that Representative Adam Schiff totally made up the contents of the first call when he began the inquiry into impeachment. That should be a clue that something might not be totally above board.

Real Clear Investigations posted an article today that supports the conclusion that the impeachment show is simply a show.

The article reports:

Barely two weeks after Donald Trump took office, Eric Ciaramella – the CIA analyst whose name was recently linked in a tweet by the president and mentioned by lawmakers as the anonymous “whistleblower” who touched off Trump’s impeachment – was overheard in the White House discussing with another staffer how to remove the newly elected president from office, according to former colleagues.

Sources told RealClearInvestigations the staffer with whom Ciaramella was speaking was Sean Misko. Both were Obama administration holdovers working in the Trump White House on foreign policy and national security issues. And both expressed anger over Trump’s new “America First” foreign policy, a sea change from President Obama’s approach to international affairs.

“Just days after he was sworn in they were already talking about trying to get rid of him,” said a White House colleague who overheard their conversation.

“They weren’t just bent on subverting his agenda,” the former official added. “They were plotting to actually have him removed from office.”

Misko left the White House last summer to join House impeachment manager Adam Schiff’s committee, where sources say he offered “guidance” to the whistleblower, who has been officially identified only as an intelligence officer in a complaint against Trump filed under whistleblower laws. Misko then helped run the impeachment inquiry based on that complaint as a top investigator for congressional Democrats.

The probe culminated in Trump’s impeachment last month on a party-line vote in the House of Representatives. Schiff and other House Democrats last week delivered the articles of impeachment to the Senate, and are now pressing the case for his removal during the trial, which began Tuesday.

Think about this for a minute. What we have is a couple of holdovers from the Obama administration discussing undoing an American election because they did not like the result. That is the stuff of which banana republics are made. This impeachment show is setting a precedent–any time the President and the House of Representatives are from different political parties, we can expect an attempt at impeachment. That illustrates the fact that some of our representatives in Washington do not value the votes of the American people as much as they value power in the hands of their political party. The impeachment is a show–there is little doubt as to how it will end. Unfortunately the important thing about the impeachment is the impact it will have on the country our children and grandchildren grow up in. We are sorely in danger of becoming a country where the votes of the citizens do not matter to those who are part of the ruling class.

An Insurance Policy Against Shenanigans

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Breitbart posted an article today about one of the rules that will apply in the impeachment trial of President Trump in the Senate.

The article reports:

Senate Majority Leader Mitch McConnell is as of now including in the U.S. Senate impeachment trial rules a “kill switch” that effectively allows for the president’s legal team to seek an immediate verdict or dismissal of the case should Democrats engage in any shenanigans like they did in the House process.

The revelation comes after the House finally late last week formally sent the Articles of Impeachment it adopted before Christmas—after holding them for more than a month without transmission—to the U.S. Senate, thereby triggering the start of a Senate trial. The Senate will formally commence its trial procedures in votes this coming week, and while some Republicans want to outright dismiss the charges altogether from the outset, others believe a trial should take place.

The article explains:

In other words, the big picture here is that it seems as though the Senate will move forward with an actual trial—details on a number of fronts on that as of yet to be determined—but that there will be one thing that is clear: If Schiff or the Democrats try anything untoward like they did in the House, the president and the Senate have the option to shut the whole thing down and blow it all up on them. That means Republicans hold the upper hand, and should things get crazy—while there are not currently enough votes to dismiss the trial or outright off the bat acquit Trump—after Democrat partisan gamesmanship there likely would be enough votes to dismiss the whole thing. Bad behavior, in a partisan way, from people such as Schiff and Nadler and other Democrats could drive more Republicans toward the motion to dismiss—the kill switch—if that ever becomes necessary.

The article concludes:

A former White House official added that including this “kill switch” in the resolution gives Senate Republicans the tools they need to help McConnell keep the trial on the straight and narrow.

“McConnell has proven time and time again he is a more effective Leader than Pelosi is Speaker,” the former Trump White House official told Breitbart News. “This resolution ensures the President and his team has every tool at their disposal.”

The even bigger picture here is that when it comes to the Senate trial, GOP senators—in particular McConnell—are taking an active role in ensuring it will be fair. They are leading the way in framing this.

Vice President Mike Pence, in an exclusive interview with Breitbart News late last week, made it clear that “when it comes to the Senate trial, it’ll be for the senators to decide [on witnesses and process], but I think the fact that you hear people talking about witnesses in the Senate just proves how weak the case underpinning the Articles of Impeachment really is.”

“The fact that we’ve heard they had an open-and-shut case, that despite the fact the American people can read the transcript, see the fact the president did nothing wrong, no quid pro quo, the military aid was released,” Pence added. “The American people have the facts. We heard that Congress did what the facts demanded, and now suddenly we hear Democrats saying they need more facts and they need more witnesses. My view on this is the American people see through all of this—the sham investigation followed by a partisan impeachment. They’re saying ‘enough is enough.’”

Hopefully the Senators will act with more decorum than the members of the House of Representatives.

The History Behind The Totally Misleading Headline

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Yesterday The Gateway Pundit posted an article explaining the back story behind the reporting of the latest unforgivable crime committed by President Trump.

The article notes:

Earlier today Speaker Pelosi announced that NEW EVIDENCE by the GAO found that President Trump broke the law by not handing over tax-payer dollars to the corrupt Ukrainian government fast enough.

Pelosi made the announcement on Thursday morning during her impeachment briefing.

The Government Accountability Office issued their opinion on Thursday which just happened to be the same day that Democrats would slow walk their sham articles of impeachment over to the US Senate.
What a coincidence!

For the record… The GAO also accused Barack Obama of breaking the law back in 2014 for swapping 5 Gitmo terrorists for Bowe Bergdahl — but there was no impeachment.

So I guess a temporary delay of aid is less serious that setting terrorists free.

The article includes some perspective from the Office of Management and Budget (OMB)’s Director Russ Vought:

Director Vought:  This GAO opinion comes from the same people who said we couldn’t keep National Parks open during the shutdown. Recently GAO flipped its position twice in the last few months. We wouldn’t be surprised if they reverse again. Regardless, the Admin complied with the law at every step.

It is becoming obvious that the Democrats are desperate to hang some sort of crime on President Trump. We have an election in less than ten months–let the American voters decide.

This Is A Perfect Example Of Spin

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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.

A Proposed Resolution By Senator Josh Hawley

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The Gateway Pundit reported yesterday that Senator Josh Hawley has introduced a Resolution in the Senate regarding the delay of the House of Representative’s delay in forwarding the articles of impeachment to the Senate.

The Resolution states:

Title: Amending the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials.

Resolved, That rule I of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials is amended to read as follows:

“I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately inform the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment, agreeably to such notice.

If, following adoption of such articles, the House of Representatives does not so notify the Senate or otherwise provide for such articles to be exhibited to the Senate within 25 calendar days from the date of adoption of such articles, as recorded in the Journal of the House of Representatives, such articles shall be deemed exhibited before the Senate and it shall be in order for any Senator to offer a motion to dismiss such articles with prejudice for failure by the House of Representatives to prosecute such articles. Such motion shall be adopted by an affirmative vote of a majority of the Senators, duly chosen and sworn, without debate by the yeas and nays, which shall be entered on the record.”.

The article provides background for the Resolution:

The Senate has adopted a set of 26 rules that govern all impeachment proceedings, known as the “Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials.” Those Rules presume prompt delivery of the articles of impeachment to the Senate following their adoption by the House. Historically, the House delivered articles of impeachment to the Senate for action almost simultaneously with the vote to impeach. During the Clinton impeachment, for example, the articles were transmitted to the Senate the same day they were approved. Consequently, the current Senate rules have no mechanism to address Speaker Pelosi’s unprecedented attempt to prevent a Senate trial by withholding the articles after the President has been impeached.

Speaker Pelosi’s gambit raises grave constitutional concerns. Article 1, Section 3 gives the Senate the “sole” power to try impeachment cases. But if the Speaker refuses to transmit the articles after the President has been impeached, she could prevent the Senate from exercising its constitutional prerogative, perhaps indefinitely.

Senator Hawley’s resolution would amend the Senate’s impeachment rules to prevent this abuse of the Constitution and protect the Senate’s sole power to try impeachment. The resolution would allow the Senate to dismiss for lack of prosecution any articles of impeachment that the House of Representatives has delayed transmitting for 25 calendar days or more. Under this new rule, any Senator would be entitled to move to dismiss once the allotted time period had elapsed. Any motion to dismiss would be voted upon by the full Senate.

This should provide the impetus for Speaker Pelosi to forward the articles of impeachment and stop this endless delay.