john bolton politics Trump Whistle-Blower

John Bolton May Testify In Impeachment Probe On November 7

Fear the mustache.

Fear the mustache.
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1 comment on “John Bolton May Testify In Impeachment Probe On November 7

  1. vicissitude

    Spent the entire day digging into impeachment and executive powers and looking forward to see what happens with Bolton. It’s still mind boggling to think about the Senate shooting down all the impeachment articles, without realistically looking at evidence or playing the part of an honest jury in a trial. There is a case to be made that a person is innocent until proven guilty, but to be fair, the Senate jury is not only biased, they are in league with the man on trial and supportive of his criminal activities — conspirators, collaborators co-partners, sycophants, boot-lickers, crooks and people without honor. Thus, how is that jury going to weigh evidence, or how would a gang of gangsters feel about being the jury for a mobster boss — or a group of terrorists that seek accountability?

    I ran across two points tonight, one, this impeachment should be about bribery and two, as the impeachment articles are handed to the Senate, history will record this event and as it plays out and as voters in America watch the Senators, they will be on trial, just as much as trump — and maybe that’s why we’re seeing this all get fast-tracked. If in fact, trump’s fellow monsters treat this as a non-event and disrespect law and show themselves to be totally corrupt, they will all be held accountable by the same people that were booing at trump during the baseball game. The same people that booed cheney at a baseball game, the same people that will expel them from office! Maybe, that’s the solution anyway, i.e.,with all the politics and chaos, there will be no actual justice in the sense that trump ends up in prison being defiled — but in a broader sense he and his gang will be humiliated and end as cartoon characters that got what they deserved.

    I also wonder about Justice Roberts presiding over this circus, what rues will he be bound by and will he allow a circus o take place and have that be the hilight of his term at SCOTUS? Is this like other trials, where he can over rule a jury, can he ask questions or does he just sit there and take orders from Moscow mitch and trump? The Impeachment rule book needs to be looked at, but I’m 100% confident there are no issues with executive powers vested in the Orange Clown!

    Anyway:

    The understanding of bribery at the Founding maps perfectly onto Trump’s conduct in his call with Zelensky. As noted above, Trump made clear to Zelensky that he was asking him for a “favor”—not a favor to benefit the United States as a whole or the public interest, but a favor that would accrue to the personal benefit of Trump by harming his political rival. Trump’s request that Zelensky work with his private attorney, Rudy Giuliani, underscores that Trump was seeking a private benefit. And Trump was not seeking this “undue reward” (to quote “Russell on Crimes” and the Delaware statute) as a mere aside unrelated to the president’s official role. Rather, he did so in the course of an official diplomatic conversation with a head-of-state.

    The transcript makes clear that Trump tied together the request for a personal favor with the delivery of military aid. But even if he had not made such a direct connection, this sort of corrupt use of public office to obtain a private benefit fits squarely within the definition of bribery when the Constitution was written.

    https://www.lawfareblog.com/constitution-says-bribery-impeachable-what-does-mean

    Impeachment as Judicial Selection?

    Unlike a judicial precedent, no single voice speaks for the House or Senate authoritatively or clearly. These non-judicial precedents, even more so than judicial precedents, are susceptible to multiple and inconsistent characterization. In an impeachment, no majority opinion limits the precedential effect by stating a holding. The rationale for particular outcomes is indiscernible.
    249

    The four corners of an article of impeachment and the vote indicate an outcome. The outcome is a Spartan civilian announcement of a case outcome rather than a common law opinion providing a ratio decidendi. More-over, the softness of impeachment’s political stare decisis means that the Senate has no effective mechanism for overruling an aberrant prior case’s potential precedential effect. Over time, the result will be a loosening of the grounds for impeachment. That is, there could be ten cases where impeachment on a nonindictable offense was not permitted, but a single instance where it is. That one case, which arguably ignored the other “precedents,” now displaces the ten prior cases by creating a precedent that may be cited in preference to the others and in favor of broader congressional prerogative.
    Thus, disputants may pick impeachment precedents they prefer and ignore the others.

    249
    That senators lack any right to debate during the on-the-record open session amplifies this
    point.
    SENATE IMPEACHMENT RULE XXIV, SENATE MANUAL,S.DOC.NO. 101-1, at 189 (1989).

    Further, the Constitution requires that senators trying an impeachment “shall be on Oath or Affirmation.”
    256
    What is the meaning of being under the oath? Gouverneur
    Morris characterized the oath as a safeguard against senators untruthfully concluding that a crime had been committed or finding that a state of affairs was the case, when it was not.
    257
    “[T]here could be no danger that the Senate would say untruly on their
    oaths that the President was guilty of crimes or facts, especially as in four years he can be turned out.”
    258
    Morris recognized that the appeal to high motives (e.g., honoring
    an oath) might need to be tempered with an acknowledgment of low ones, i.e., the pragmatic motive that lying would be unnecessary given the regular republican
    remedy of election. This oath taking is consistent with the extensive practice of the Senate referring to itself as a “court” of impeachment.
    259
    Second, impeachment is “political” in the sense that legislators are elected representatives, but the proceeding is not “political” in the sense that there are no legal standards and that it could be a free-ranging
    inquiry into political offenses. Of course, legislators could engage in the impeachment equivalent of jury bias (a non-merits conviction) or jury nullification (a non-merits acquittal). Every criminal trial in
    America is “political” in this sense. But that does not imply there are no controlling legal standards.

    http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1167&context=wmborj

    Length?

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