The Road to Impeachment: Trump Calls Pelosi’s Bluff

IMPEACHMENT INQUIRY - Trump v. Pelosi (Gage Skidmore, US Coast Guard)

(Photo Courtesy of Gage Skidmore, US Coast Guard)

The Mueller Report concluded that there were no grounds to indict President Trump. There were no grounds related to the so-called Russian Collusion allegation or any other allegation that was included in the Special Counsel’s investigation. So what to do? What to do??

The Democrats needed another avenue to frustrate the President and to find a potential “high crime or misdemeanor” to try to impeach him. And that’s where the phone conversation between Trump and the Ukrainian president came in. Democrats expected this to have great potential to blow out of proportion, as they like to do, but what they didn’t expect was for Trump to release the unredacted transcript of that conversation.

The transcript showed that Trump never engaged in any incriminating conservation and breached no unlawful or inappropriate topic with the new Ukrainian president, Volodymyr Zelensky. [Refer to this interview with Legal Analyst and best-selling author, Gregg Jarrett where he explains the Joe Biden and Hunter Biden situation regarding the Ukraine. https://twitter.com/realDonaldTrump/status/1180521871223246848/video/1 ]

All one needs to know about that conservation is this: President Trump has every right and full authority to ask a foreign government if there has been any corruption or illegality by officials of the United States. In the conversation, that is all Trump refers to. He did not phrase the question in terms of “quid-pro-quo” action, meaning that if the Ukrainians didn’t comply, the United States would retaliate in some way, nor did he promise something in return if the Ukraine provided evidence. That would be government coercion. Quid-pro-quo action is what Vice President Biden engaged in during the Obama years with the Ukraine.

Despite the unredacted transcript, House Democrats have had the audacity to accuse the White House of providing a transcript that doesn’t honestly reflect what the national leaders talked about. As always, they think they know better (yet at every step, they have not).

On Tuesday, September 24, Speaker Nancy Pelosi announced the House would launch a formal impeachment INQUIRY into President Trump. Adding to our absolute frustration with Congressional Democrats, Pelosi announced last week that the House would yet again be neglecting its actual constitutional obligation to legislate and take care of the country’s problems in order to continue to investigate President Trump. She said a number of committees have been tasked with gathering “facts” and “evidence” in order to build a case. What she didn’t announce was a VOTE on impeachment. In other words…. Democrats intend to engage in yet another fishing expedition. We can interpret this as affirming that there still is no grounds for impeachment, but maybe, if the House investigates enough, if enough people lie and leak privileged information that can be misconstrued, if every aspect of Trump’s life is examined under a microscope, there may ultimately be grounds to move forward on articles of impeachment.

How this will play out is just beginning to unfold. Here were the possibilities:

(i)  The House could find nothing and close the investigation.

(ii)  The House could investigate in perpetuity effectively tying up the legislative calendar for the remainder of the year.

(iii)  The House could move forward and hold a vote to impeach the president.

(iv)  The White House could refuse to comply to the subpoenas and other requests for information UNTIL Nancy Pelosi first holds a vote on impeachment.

Trump decided to go with option #4.

The Trump Administration is not easily tricked, it knows the evil games that Democrats play, and it has no intention of complying with their fishing expedition. The White House is taking the position that it does not have to treat the House subpoenas or other requests for information as having the force or weight of impeachment law. In other words, he cannot be forced to comply. And so, yesterday afternoon, the White House sent a letter to House Speaker Pelosi calling her bluff on impeachment. The letter made it clear that it will refuse to comply with witness or document requests until a full House VOTE is taken and impeachment is officially underway, thwarting their witch hunt – the tactic used by Democrats since Trump announced he was running for the presidency. Pelosi, on the other hand, believes she does not need a vote to begin the process, as she has stated. The reality is that she is using the “inquiry” approach to avoid an actual vote in order to protect approximately a dozen Democratic House members who believe they will lose reelection if they vote to impeach President Trump.

As we are all too well aware, the effort to impeach President Trump began even before he was inaugurated on January 20. 2017. It began, on one front, with Senators Elizabeth Warren, Dick Durbin, and others attempting to tie the president’s business ventures to a violation of existing law and elevating that violation to a “high crime or misdemeanor” under the impeachment clause of the U.S. Constitution, at the same time the FBI’s “insurance policy” was being advanced. In fact, the first articles of impeachment were drafted in 2017, just months after President Trump took office. And Democrats have been beating that tired drum ever since. Their methods are just becoming more desperate and insane.

Impeachment in the United States, as we all know, is the process by which the lower house of a legislature brings charges against a civil officer of government for crimes alleged to have been committed, analogous to the bringing of an indictment by a grand jury. At the federal level, the Constitution gives the powers of impeachment and conviction to Congress: 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.” Each house of Congress plays a part.

The House of Representatives is the chamber tasked with bringing articles of impeachment against the president (or other official). Article I, Section 2, clause 5 reads: “The House of Representatives shall have the sole Power of Impeachment.” A president is “impeached” by the House by a simple majority vote (51%), but he still remains in office.

The next step is removal, which is at the sole discretion of the Senate. Article I, Section 3, clauses 6 provides: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.”

In short, impeachment is a political process controlled by Congress, and is a tool to punish wrongdoing as defined by the constitution, not to settle policy disputes. Political hatred is not included in “high crimes and misdemeanors” and if Democrats decide to go that route, God help our country moving forward. Using this standard, political parties would be able to execute an internal government coup whenever their hatred level rises high enough.

Former federal prosecutor Andy McCarthy explains why Pelosi’s current impeachment gamble, which has given the Trump campaign an extra $15 million in just a few days, isn’t impeachment at all:

“The House has not voted as a body to authorize an impeachment inquiry. What we have are partisan theatrics, proceeding under the ipse dixit of Speaker Nancy Pelosi (D-Calif.). It raises the profile, but not the legitimacy, of the same “impeachment inquiry” House Judiciary Committee Chairman Jerry Nadler (D-N.Y.) previously tried to abracadabra into being without a committee vote.

Moreover, there are no subpoenas. As Secretary Pompeo observed in his fittingly tart response on Tuesday, what committee chairmen Nadler issued was merely a letter. Its huffing and puffing notwithstanding, the letter is nothing more than an informal request for voluntary cooperation. Legally, it has no compulsive power. If anything, it is rife with legal deficiencies.

The Democrats, of course, hope you don’t notice that the House is not conducting a formal impeachment inquiry. They are using the guise of frenetic activity by several standing committees — Intelligence, Judiciary, Foreign Affairs, Oversight and Reform, Financial Services, and Ways and Means — whose normal oversight functions are being gussied up to look like serious impeachment business.”

Taking the position that the White House has taken (calling Pelosi’s bluff on impeachment) will likely have the following effects:

1).  Speaker Pelosi and House Democrats will challenge the Trump Administration in court to compel them to comply with the impeachment inquiry (Good luck Democrats once it gets to the Supreme Court!!), and

2).  The first stage of the impeachment process will drag out over a longer period of time (making it more likely that Trump will be re-elected and Democrats will lose seats in Congress).

Regarding the first, this will cause our government to enter largely untested legal waters. Speaker Pelosi will attempt to use the legal process to threaten Administration officials to comply with her requests or risk their own legal problems, and she will threaten to add “Non-Compliance” or “Obstruction” along with her list of impeachment charges against President Trump. As hinted above, conservatives should be consoled should any constitutional questions need to be addressed by the Supreme Court.

Regarding the second, House Pelosi and Democratic Leadership have desperately tried to avoid entering into an impeachment fight because of Trump’s popularity and the public’s overall approval and support of his policy initiatives. They approve of the direction he is taking our country and they feel the positive effects of his policies. There are several House Democrats know it will be political suicide to try to impeach such a popular president.

At this initial phase of this impeachment battle, the extreme partisanship of House Democrats and their vitriolic rhetoric against the president would suggest that the House will likely proceed with filing articles of impeachment against Trump. They actually may be forced to do so by the position taken by the White House. Without compliance by the White House regarding subpoenas and requests for information, the House will have a hard time making an actual case for impeachment. The Ukrainian phone call is turning out to be another disaster for them. But, if Pelosi decides to call for a vote, if Democrats vote as a block, and if Democrats are not afraid to face their voters to explain their vote, impeachment will be successful. With a full membership of the House and having a majority, 218 Democratic “YES” votes will impeach President Trump.

What can we expect from the Senate after a House Vote?

If the House does happen to vote to impeach President Trump, the Senate would have no choice but to take up the issue of removal. Senator Majority Leader Mitch McConnell admitted as such. The Senate rule on impeachment requires the Senate to receive the House managers of impeachment, provide the opportunity for the managers to reveal the articles of impeachment on the Senate floor, and begin the trial no later than one o’clock in the afternoon of the following day.

Normally, the Vice President of the United States, as President of the Senate, presides over Senate business, but in order to avoid a conflict of interest, the Constitution directs “When the President of the United States is tried, the Chief Justice shall preside.” In the case of President Trump being impeached, Chief Justice of the Supreme Court John Roberts would preside over the trial, maintaining order and ensuring Senate rules are followed.

However, while Leader McConnell is correct that the Senate must consider the articles of impeachment, there are several different possibilities for how the Senate could deal with the impeachment of the president:

(1)  The Senate could begin the trial and in short order move to dismiss the articles of impeachment.

(2)  They could also entertain a motion to send the articles and the trial to a committee of the Senate.

(3)  They can dismiss some articles (if the House makes more than one accusation against the president) and hold a trial on the other articles.

(4)  They could also have a full blown trial on the Senate floor at which President Trump’s defense attorneys would be able to present and examine evidence, to call and cross-examine witnesses, and to deliver opening and final arguments.

Once the trial takes place, the Senate would likely debate in executive (or closed) session followed by a vote in open session as to whether or not to convict Trump. In order for the president to be convicted of the accusations contained in the articles of impeachment, two-thirds of senators present and voting must vote “YES.” A conviction is required to remove the president from office. The Senate may then vote to bar the president from holding federal office again.

Impeachment is perhaps the most serious exercise that our representative government can undertake. The purpose is to remove an unfit president from continuing in office where his seriously flawed judgement and dishonest intuition will have the chance to prejudice the country. It recognizes the fundamental code in our country that no one is above the law, including the President of the United States. The cavalier manner in which Speaker Pelosi is beginning this process exposes the worst kind of partisan politics. She has been mentally, emotionally, and psychologically compromised by her hatred of President Trump. Her hatred and her absolute desire to rally the Democratic Party behind an effort to unseat the man that is doing to most to hurt her party has her hijacking the power of her office and her position for purposes not allowed by the Constitution, nor contemplated by it. Again, political hatred does not come under the purview of “high crimes and misdemeanors,” which is the historic and constitutional threshold for impeachment. Presidents Nixon and Clinton faced an impeachment inquiry only after a vote by the House. Speaker Pelosi is buckling under the pressure of left-wing activists to impeach President Trump while violating the proper process to do so in order to protect Democratic members who may lose re-election if they vote on impeachment.

If you listen to the mainstream news or do a google search (which of course, will take you to a progressive/liberal site rather than any conservative ones), you will hear crazy talk like “Polls show more Americans are in favor of impeachment” and “More compelling evidence against President Trump.” None of these stories is true. The truth is that Democrats are suffering from Trump Derangement Syndrome which is causing them to ignore the Constitution, to ignore the will of the people at the ballot box in 2016, and to ignore proper codes of conduct and to persecute and harass the President every chance they get (or to manufacture a reason to do so).

I wish the Supreme Court would issue a “cease and desist” order to House Democrats, instructing them to stop harassing President Trump and ordering them BACK TO WORK !!

All the facts in this impeachment reveal a purely partisan attempt to overturn the will of the American people and to remove from office a man who won a historic victory at the ballot box. The victory was not simply to put him in office but it was a message rejecting Hillary Clinton and the Democratic pollical machine. The incessant investigations, allegations, and calls for impeachment are merely illegitimate attempts (ie, a coup) to overturn the election of President Trump in 2016.

But the American people are not without a role in the righteousness of the impeachment or the injustice of the impeachment. The American people have the opportunity to weigh in at the ballot box regarding their views of the impeachment. If the impeachment was clearly justified, the party responsible for bringing the articles of impeachment and for removing the dishonorable president will be rewarded with more seats in Congress. On the other hand, if a particular political party misused or abused its impeachment power, that party will suffer at election time. For example, after impeaching President Clinton, congressional Republicans faced backlash and lost seats in the subsequent election. The overwhelming majority of Americans had no idea of the actual legal basis for his impeachment (for he committed an actual crime by knowingly lying under oath as a defendant in a lawsuit) but just knew that he was a popular president who seemed to be impeached for his inability to keep his little willie in his pants.

It will be up to us, and those of us who appreciate Donald Trump and who are sickened by the actions of the Democratic Party, to push back against this evil myoptic political party and to make sure their numbers and their voice in government is minimized. We must make it abundantly clear that it is NOT acceptable to ignore one’s constitutional obligations and oath to office and instead to co-opt the powers of the federal government for the singular purpose of advancing the interests and power of a political party.

 

 

Reference:

“Oppose Impeachment,” Heritage Action. Referenced at: https://heritageaction.com/toolkit/oppose-impeachment?utm_source=heritageaction&utm_medium=email&utm_campaign=newsletter_10-05-2019&mkt_tok=eyJpIjoiWVRneFl6bGtaR1ptTW1ObCIsInQiOiJFYzNUM1wvODhGeHJ2N2NpeGFZaTFmVTRYWFFyUWhBQ0FGVjNkOFFtVDVweTFDa3ZQQm1hK25rS1wvcTZOWnVZU0RsM3o0SFM5K2VIeVI2bXRnYmtBR05yVGVFVktUR2NEQWVSdGx0NStcL3cyQjVrZ1J3cTlJdGZzWnBQTVwvSE1tR2YifQ%3D%3D

About forloveofgodandcountry

I'm originally from New Jersey where I spent most of my life. I now live in North Carolina with my husband and 4 children. I'm an attorney
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