Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#176

Post by neonzx »

Image
To which Trump replied, Fuck the law. I don't give a fuck about the law. I want my fucking money.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#177

Post by Addie »

Business Insider: 'Trump is powerless': House Speaker Nancy Pelosi is doing to the president what no one else has in the 3 years since he took office

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#178

Post by Addie »

NBC News
'Game changer': Top Democrats say bombshell report shows need for witnesses in Senate impeachment trial

Secretary of State Mike Pompeo, then-national security adviser John Bolton and Defense Secretary Mark Esper urged Trump to release the aid, with Bolton saying it was "in America's interest," the report said.



The Times' report also showed there was high-level pushback from top Trump officials, including Secretary of State Mike Pompeo, Defense Secretary Mark Esper and now-former national security adviser John Bolton.

The trio met with Trump in the Oval Office in late August and pressed him to release the aid, with Bolton telling the president, "This is in America's interest," The Times reported, citing an official briefed on the gathering.

Trump responded that he didn't believe Ukraine's new president, Volodymyr Zelenskiy, was a genuine reformer. "Ukraine is a corrupt country," Trump reportedly replied, adding that "We are pissing away our money."

Trump reversed course after news of the freeze became public and House Democrats announced they were investigating the hold.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#179

Post by Addie »

Daily Beast
Lev Parnas Pushes to Share His Info With House Intel

The ex-Giuliani associate asked for permission to send the contents of an iPhone to Hill investigators.


Lev Parnas, a former Rudy Giuliani associate charged with financial crimes, is looking to share more material with congressional investigators, according to a letter his lawyer has sent to a federal judge. The letter, filed in court on Monday evening, indicates that the committee first tasked with helming the impeachment inquiry is gathering additional evidence about Trump World.

In the letter, Parnas’ lawyer Joseph Bondy said the Justice Department will share materials with his client on Tuesday that it seized from his home and at his arrest. The materials include documents and the contents of an iPhone. Bondy then asked Judge Paul Oetken of the Southern District of New York to allow him to share those materials with the House Intelligence Committee; a court order currently bars him from sharing them with anyone. The Justice Department has said it does not object to him giving the material to Congress.

“Review of these materials is essential to the Committee’s ability to corroborate the strength of Mr. Parnas’s potential testimony,” Bondy wrote.

The potential new document dump comes as House Speaker Nancy Pelosi deliberates on when to send the House’s articles of impeachment to the Senate. The House voted largely along party lines to pass two articles of impeachment on President Donald Trump earlier this month. The next step, which Pelosi has not yet taken, is to send the articles to the upper chamber for trial.

Trump’s relationship with Ukraine—in particular through his intermediary and personal lawyer Giuliani—is at the center of the impeachment process. Parnas had a front-row seat to much of Giuliani’s Ukraine-related activity.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#180

Post by Addie »

Politico
Judge dismisses lawsuit from Bolton deputy regarding Ukraine testimony

Charles Kupperman filed suit in October after he was subpoenaed by the House Intelligence Committee.


A federal judge on Monday scrapped an effort by a former top aide to John Bolton to determine whether he could be required to testify before House impeachment investigators, declaring the matter moot and outside the court’s power to resolve.

Charles Kupperman, who was Bolton’s deputy when Bolton was national security adviser, filed suit in October after he was subpoenaed by the House Intelligence Committee but ordered to ignore the subpoena by President Donald Trump. In his suit, Kupperman asked for a judge’s help to resolve the conflicting demands.

The matter was put before Judge Richard Leon, a federal judge in the D.C. District Court. But before Leon could weigh in, the House withdrew its subpoena for Kupperman’s testimony, declaring it a transparent effort to stonewall the impeachment investigation and mire it in months of legal delays. Both the House and the White House asked Leon to dismiss the case, and Leon ultimately agreed.

“[The Intelligence Committee] has withdrawn Kupperman’s subpoena ... As a result, Kupperman no longer faces the ‘irreconcilable commands’ of two coordinate branches of government,” Leon wrote in a 14-page ruling, “and he accordingly lacks any personal stake in the outcome of this dispute. Thus, it would appear that this case is moot and should be dismissed.”
Adding:
Law & Crime: Bolton Has No Excuse, ‘Must Testify’ Now That Judge Has Dismissed Kupperman’s Lawsuit: Legal Experts

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#181

Post by tek »

Addie wrote:
Mon Dec 30, 2019 7:31 pm
Law & Crime: Bolton Has No Excuse, ‘Must Testify’ Now That Judge Has Dismissed Kupperman’s Lawsuit: Legal Experts
I think that headline is wrong.
Nothing has been decided, so I don't see how he now "Must Testify" ..

But then again, IANAL..
There's no way back
from there to here

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#182

Post by Sterngard Friegen »

tek wrote:
Tue Dec 31, 2019 7:30 am
Addie wrote:
Mon Dec 30, 2019 7:31 pm
Law & Crime: Bolton Has No Excuse, ‘Must Testify’ Now That Judge Has Dismissed Kupperman’s Lawsuit: Legal Experts
I think that headline is wrong.
Nothing has been decided, so I don't see how he now "Must Testify" ..

But then again, IANAL..
I agree with you. It's a non sequitur at best, a knowing misrepresentation at worst. The court dismisses a case because it's moot because the House of Representatives withdrew a subpoena that was being challenged. How does that require Bolton, who wasn't subpoenaed, to testify.

When I read that I thought WTF?

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#183

Post by fierceredpanda »

Sterngard Friegen wrote:
Tue Dec 31, 2019 9:51 am
tek wrote:
Tue Dec 31, 2019 7:30 am
Addie wrote:
Mon Dec 30, 2019 7:31 pm
I think that headline is wrong.
Nothing has been decided, so I don't see how he now "Must Testify" ..

But then again, IANAL..
I agree with you. It's a non sequitur at best, a knowing misrepresentation at worst. The court dismisses a case because it's moot because the House of Representatives withdrew a subpoena that was being challenged. How does that require Bolton, who wasn't subpoenaed, to testify.

When I read that I thought WTF?
The argument among legal analysts (Joyce Vance, Barb McQuade, etc.) is that this means Bolton has to testify because it means the lower court ruling that said Kupperman has to testify is now the final decision on the merits. Remember, that was the decision where the court effectively said, "No, there isn't such a thing as blanket immunity from congressional subpoena for the President's staff. Go testify." If the case had continued, there was the possibility that decision might have been reversed on appeal. My understanding is that is precisely the reason the House Democrats withdrew the subpoena on Kupperman - to prevent an adverse ruling on the merits that would then have provided a legal justification for the White House's strategy of ignoring every subpoena.

It's a legalistic argument, but one that I happen to find persuasive.
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple; the smaller the mess, the easier it is for me to clean up." -Michael Clayton


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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#184

Post by Sterngard Friegen »

The case was dismissed. There is no final decision on the merits.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#185

Post by fierceredpanda »

Yes, but even an opinion in a case disposed of on other grounds is something that can be cited as authority. Better that than risking a Trump-friendly SCOTUS eventually taking the case and issuing a decision that says the president's men don't have to answer to Congress. At least, I guess that's the thinking.

But federal courts in the context of providing any kind of check on the Executive have shown they are just not up to the task. 1) There's the judicial capture issue of Trump and McConnell cramming as many of their FedSoc cultists as possible onto the courts. 2) Federal courts take so fucking long to accomplish anything that by the time they reach a "final" decision on something Congress has done, oh look, it's a new Congress that has to start all fucking over again.

Frankly, this is why I've been a fan of the Democrats' strategy of just ignoring the courts altogether. The federal judiciary is, in a word, useless.
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple; the smaller the mess, the easier it is for me to clean up." -Michael Clayton


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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#186

Post by Sterngard Friegen »

ABBC3_OFFTOPIC
I've often fantasized what I would do if I were to win the lottery and had a spare $25,000,000 to spend. I would start an "Institute of the Common Law," probably at UVA or Penn Law School. My Institute would favor the teaching of a purposive approach to statutory and constitutional interpretation. That is anathema to originalism, which is what the Federal Society cultists think is the proper approach to interpretation but which is nothing more than right wing manipulation as District of Columbia v. Heller demonstrated to anyone who was paying attention.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#187

Post by SLQ »

Sterngard Friegen wrote:
Tue Dec 31, 2019 9:51 am
tek wrote:
Tue Dec 31, 2019 7:30 am
Addie wrote:
Mon Dec 30, 2019 7:31 pm
I think that headline is wrong.
Nothing has been decided, so I don't see how he now "Must Testify" ..

But then again, IANAL..
I agree with you. It's a non sequitur at best, a knowing misrepresentation at worst. The court dismisses a case because it's moot because the House of Representatives withdrew a subpoena that was being challenged. How does that require Bolton, who wasn't subpoenaed, to testify.

When I read that I thought WTF?
Me too.
"Try not. Do or do not. There is no try."
-- Yoda

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#188

Post by Volkonski »

R. Saddler 📎🗽🌊🌊🌊
@Politics_PR
·
36m
Newly released docs reveal the lengths to which the Trump administration tried to stop Ukraine ambassador from testifying http://j.mp/2QDqlWc
On Wednesday, watchdog group American Oversight published 42 new documents turned over by the State Department regarding the scheme to use military aid to pressure Ukraine into producing dirt against former Vice President Joe Biden.

One of the key facts detailed in the documents is a series of emails in which a State Department attorney instructed former Ambassador to the Ukraine Marie Yovanovitch not to testify in the impeachment inquiry in the House — an instruction she emphatically rebuffed.

Yovanovich, who was dismissed at the apparent urging of President Donald Trump’s personal lawyer Rudy Giuliani, raised concerns about the pressure campaign on Ukraine, and gave crucial testimony to House Democrats that contributed to the decision to pass the articles of impeachment.
Eric Lipton

@EricLiptonNYT
Replying to @EricLiptonNYT
The lawyer for ex-Ambassador Marie Yovanovitch had a firm reply: She is going to testify anyway. "She is unable to obey your most recent directive" The rest is history.
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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#189

Post by Addie »

CNN
Pelosi says House not voting on impeachment managers Friday as Senate trial delay continues

House Speaker Nancy Pelosi said there will not be a vote Friday to name impeachment managers, a sign that the weeks-long impasse over starting President Donald Trump’s impeachment trial in the Senate will continue at least into next week.

“No,” Pelosi told reporters Friday when asked if she would hold a vote before lawmakers leave town for the weekend on naming impeachment managers, a procedural step that’s necessary before the articles of impeachment are sent to the Senate.

Asked about when she will make an announcement on sending the articles of impeachment to the Senate, she said, “I’ll be communicating with my members, and perhaps we’ll see that.”

Neither Pelosi nor Senate Majority Leader Mitch McConnell have yet budged in their stare down over the two impeachment articles that the House passed last month, charging Trump with abuse of power and obstruction of Congress. ...

But McConnell has said he will not publish the rules resolution ahead of time and will not agree to witnesses before the trial begins. He’s argued that the Senate should agree to a rule to begin the trial and then later decide on witnesses, just as the Senate did during the 1999 impeachment trial of former President Bill Clinton. And he said this week he’s got the votes — all Republicans — to go that route.

Democrats argue that McConnell is not following the Clinton precedent, because the Senate witnesses in that trial had already testified before a grand jury, while the witnesses Senate Democrats are seeking — including former national security adviser John Bolton and acting White House chief of staff Mick Mulvaney — refused to testify during the House’s impeachment inquiry.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#190

Post by Addie »

New York Times
House Will Vote Wednesday to Send Impeachment Articles, Pelosi Says

WASHINGTON — The House will vote on Wednesday to send the Senate impeachment charges against President Trump, allowing a long-awaited Senate trial to begin, Speaker Nancy Pelosi told Democrats privately Tuesday, according to officials in the room.

The proceeding will be only the third time an American president has been put on trial in the Senate.

In a closed-door gathering with Democratic lawmakers on Tuesday morning, Ms. Pelosi detailed her plan to move on Wednesday to appoint the team of lawmakers who will prosecute the case against Mr. Trump, known as the House managers in his impeachment trial. The officials who described her private remarks spoke on condition of anonymity.

Unless things change, her timetable means that the House managers would ceremonially walk the articles of impeachment from the House chamber to the Senate well later in the day Wednesday, formally presenting them and prompting a trial to commence. The speaker said she was not yet ready to share the names of the lawmakers she would select as managers, they said.

This is a developing story. Please check back for updates.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#191

Post by Slim Cognito »

Saw McConnell brag he brought Pelosi to her knees, but here we are, weeks later, GOP senators talking witnesses and he doesn’t have the papers in his claws yet.
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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#192

Post by SLQ »

What are the odds the vote is to hold off on sending the articles to gather more info (Bolton and Lev.)
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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#193

Post by Addie »

Saw this on DU:

Natasha Bertrand ✔ @NatashaBertrand

Um holy sh*t. This certainly makes it sound like Parnas and co. were actively tracking Yovanovitch's movements. This could explain why Yovanovitch was moved out of Ukraine so quickly.

https://intelligence.house.gov/uploaded ... chment.pdf

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#194

Post by Volkonski »

Schiff's cover letter to Nadler. Includes a detailed summary of the new evidence.

https://intelligence.house.gov/uploaded ... idence.pdf
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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#195

Post by Kendra »

One has to wonder what's in the risk not for the public...

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#196

Post by Addie »

Adding:
Speaker.gov: Pelosi Statement on Timing of Appointment of Impeachment Managers and Transmittal of Articles of Impeachment to Senate

January 14, 2020
Press Release

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#197

Post by AndyinPA »

I'm surprised Swalwell wasn't included, but I'm good with those who were.
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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#198

Post by Addie »

Yeah, I was looking for Swalwell, too.
AndyinPA wrote:
Wed Jan 15, 2020 10:29 am
I'm surprised Swalwell wasn't included, but I'm good with those who were.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#199

Post by Sterngard Friegen »

I like Rep. Demings' involvement. Even though she does not have a law degree she was one of the better questioners in committee. And she has a lot of law enforcement cred as a former Orlando Police Chief.

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Re: Judiciary: H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanor

#200

Post by AndyinPA »

Addie wrote:
Wed Jan 15, 2020 11:11 am
Yeah, I was looking for Swalwell, too.
AndyinPA wrote:
Wed Jan 15, 2020 10:29 am
I'm surprised Swalwell wasn't included, but I'm good with those who were.
He's pretty good as a well-informed commentator on MSNBC, so we'll get to hear from him, which I think might not be true if he was one of the impeachment managers.
"To argue with a person who has renounced the use of reason is like administering medicine to the dead." -- Thomas Paine

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