Originally posted by JimL
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Take This Impeachment And Shove It...
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"The man from the yacht thought he was the first to find England; I thought I was the first to find Europe. I did try to found a heresy of my own; and when I had put the last touches to it, I discovered that it was orthodoxy."
GK Chesterton; Orthodoxy
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Originally posted by JimL View Post...there is no judicial president.
Secondly, your statement is unequivocally false.
It has long been well established by SCOTUS that Congress has lawful (judicial authority) subpoena powers pursuant to its implied responsibility of legislative oversight. However, that only applies to the powers enumerated in A1§8. Neither foreign policy (Ukraine) nor impeachment have any nexus to A1§8. The customary Legislative Branch subpoena power is limited to their legislative purpose.
There is an elevated level of subpoena, made [possible] by SCOTUS precedent, that carries inherent penalties for non-compliance, and is specifically allowed for impeachment investigations. That level of elevated House authority requires a full House authorization vote.
In this current example the Legislative Branch is expressing their “impeachment authority” as part of the Legislative Branch purpose. So that raises the issue of an entirely different type of subpoena:… A demand from congress that penetrates the constitutional separation of powers; and further penetrates the legal authority of Executive Branch executive privilege.
It was separately established by SCOTUS during the Nixon impeachment investigation that *IF* the full House votes to have the Judiciary Committee commence an impeachment investigation, then the Judiciary Committee has subpoena power that can overcome executive privilege claims.
There has been NO VOTE to create that level of subpoena power.
As a consequence, the House has not created a process to penetrate the constitutionally inherent separation of powers, and/or, the legally recognized firewall known as ‘executive privilege’. The House must vote to authorize the committee impeachment investigation, and through that process the committee gains judicial enforcement authority. This creates the penalty for non-compliance with an impeachment subpoena.
A demand letter only becomes a “subpoena”, technically meaning: ‘a request for the production of documents with a penalty for non-compliance’, when the committee has judicial enforcement authority. That process establishes an enforcement penalty.
The current demand letters cannot carry a penalty because the demands do not contain judicial enforcement authority…. because the impeachment investigation was not authorized by the chamber.
The reason judicial enforcement authority is constitutionally required is because creating Judicial enforcement authority, creating the penalty for non-compliance, gives the Executive Branch a process to appeal any legislative demand via the Judicial Branch (federal courts).
https://theconservativetreehouse.com...hment-inquiry/Some may call me foolish, and some may call me odd
But I'd rather be a fool in the eyes of man
Than a fool in the eyes of God
From "Fools Gold" by Petra
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Originally posted by lilpixieofterror View PostSo allowing your opponents to argue against your position is a problem now? Something as important as a possible impeachment shouldn’t be rushed. What you really mean is you’re hoping the democrats can rush this through, before the election, so the can strap a red I, across Trump’s chest.
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Originally posted by JimL View PostThe republicans, just like the democrats, are there and hearing the same testimony and seeing the same evidence, Lilpix. I keep trying to explain to you, this isn't a trial, this is simply evidence gathering. The trial will come in the Senate should the House decide to send it there.
You can make anyone seem guilty or innocent, depending on your presentation. That’s what trials exist and why it would be bad for democrats to impeach. In the house, they control the narrative, they can’t do that in the senate."The man from the yacht thought he was the first to find England; I thought I was the first to find Europe. I did try to found a heresy of my own; and when I had put the last touches to it, I discovered that it was orthodoxy."
GK Chesterton; Orthodoxy
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Originally posted by lilpixieofterror View PostMy dear Jimmy,
You can make anyone seem guilty or innocent, depending on your presentation. That’s what trials exist and why it would be bad for democrats to impeach. In the house, they control the narrative, they can’t do that in the senate.
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Originally posted by JimL View PostWell then, you should have no worries, my dear."The man from the yacht thought he was the first to find England; I thought I was the first to find Europe. I did try to found a heresy of my own; and when I had put the last touches to it, I discovered that it was orthodoxy."
GK Chesterton; Orthodoxy
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Originally posted by JimL View PostSorry, but there is no judicial president. Any past judicial rulings had to do with the existing rules of the Congress at that time.
I feel better now."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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Originally posted by JimL View PostSorry Tea, but you're living in a dream world. Pelosi is probably the toughest, smartest, speaker in the history of the Congress, and even though you don't know it, the President and the Republican party knows it."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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Originally posted by JimL View PostI'm afraid you're seeing the world through rose colored republican glasses there, Tea. My take is that either the republicans will have to concede to the mounting evidence against this President, or to the backlash from their own constituency and impeach the immoral, unethical, undemocratic, wannabe treasonous autocrat, or he will lose the 2020 election in a landslide and take the republican party down with him."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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Originally posted by Teallaura View PostI think you're looking at it with Democrat blinders on - we'll see, but come on - the Squad? That alone proves how ineffectual Pelosi has become.
Which of the four has been preventing Pelosi from passing her preferred legislation or operating the House the way she wants?"I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"
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Chaffetz brings up a good point - the House has already had three floor votes and all failed. The last was in July.
Maybe party discipline is Pelosi's actual fear."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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Originally posted by Teallaura View PostChaffetz brings up a good point - the House has already had three floor votes and all failed. The last was in July.
Maybe party discipline is Pelosi's actual fear.
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Originally posted by JimL View PostPelosi has never called for a vote. She doesn't fear anything, she's just very smart which upsets republicans terribly.
*The other two were under Ryan's leadership - and they don't speak well of his effectiveness, either."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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