, 25 tweets, 6 min read Read on Twitter
A note on #impeachment -

In a court of law, under non-presidential circumstances, impeachment is a tool litigation attorneys use to discredit the opposing side's witnesses at trial. When said witness takes the stand under oath attys. present evidence contrary to what the witness
claims. This weakens the other side's case by discrediting impeached witnesses's testimony. Once a witness has been impeached - by presentment of inconsistent testimony - the judge/jury can no longer use the impeached witnesses's testimony in reaching a verdict.
Simply put, they aren't trustworthy. In the case of Presidential impeachment that broad definition of impeachment applies, but the impeachment tool is used for a very different purpose. Under the Constitution, a sitting President cannot be tried in a court of law for anything.
This is presidential immunity. Our Founders did this because a President in the course of their official duties is sometimes compelled to do things - in cases of war & for the general welfare & safety of the People - that would be considered criminal under Federal Criminal Code.
If they were made personally liable for their actions while serving as POTUS, they wouldn't be able to fully & faithfully execute the duties of the office of the presidency. But our Founding Fathers were also ever cognizant of the eternal threat of tyranny. They understood that
if a President's actions couldn't be challenged by any branch of the government, it would inherently create a despot. So they created the Congressional Impeachment & Removal apparatus. Under the Constitution the House of Representatives has sole jurisdiction to impeach a sitting
President. This begins with the House Judiciary Committee initiating a formal impeachment inquiry into the President's actions. Upon starting this inquiry the House's power to subpoena witnesses & evidence relevant to the President's conduct has no Constitutional limit. Not even
the Supreme Court has jurisdiction over the House when it's conducting an impeachment inquiry of the President. If the House finds enough impeachable information through their investigations it drafts the Articles the Impeachment and the House of Representatives votes on whether
to impeach the President. Impeaching a President serves two purposes: it's a de facto vote of no-confidence in the President by the branch of govt. closest to the People & a formal indictment with all the evidence the United States Senate needs to review at trial.
So once the President is impeached by the House, the case goes to the Senate. There is no punitive consequence of just being impeached by the House. That happens in the Senate. And not criminally. The Senate's role in this process is to vote on whether or not enough evidence
exists to formally convict the President of impeachment & remove him from office. The Senate cannot convict a President criminally; only remove him from office. However, the Constitution also clearly states that once a sitting President is convicted by 2/3 Senate vote and removed
from office, they can be tried in a court of law for their criminal conduct. Presidential immunity ends once they are removed from office. So how does all this jibber jabber fit into our current state of affairs? It starts with the Justice Department's Mueller investigation that
started after POTUS fired Director James Comey of the FBI. That investigation yielded the Mueller Report that opened the door to several related investigations. Once the Mueller Report was published, Congress had the preliminary evidence it needed to asses whether to begin
impeachment proceedings against the President. That's where we are now. The House has not formally initiated impeachment proceedings but is currently swimming in a universe of disarrayed information provided by Mueller & then obfuscated by AG Barr. So the House must decide
soon whether there is enough preliminary evidence to formally begin impeachment hearings. But there's a problem with starting them now. As it stands now, the US Senate has a GOP majority that will not convict POTUS once the House passes Articles of Impeachment.
@SpeakerPelosi knows this & that's one of the reasons a formal inquiry hasn't yet started. Another reason she is biding her time is because if the House impeached POTUS - which it would as Democrats hold the majority & impeachment only requires simple majority - and the GOP
controlled Senate then acquitted him, it would be a major public relations victory for @realDonaldTrump before the 2020 elections. This is why the House GOP would welcome an impeachment inquiry & vote before the 2020 elections. The Speaker does not want that. What, I suspect,
the Speaker wants is to beat the GOP and their POTUS at the ballot box in 2020. What she really wants is to strengthen House majority & take Senate majority. She believes in the separations of powers & she is focusing on Congress's role in ensuring democracy survives this
presidency. That wouldn't happen if we hastily walk into formal impeachment inquiry & then a full floor vote. In fact, if impeachment began now & ends before 2020 elections, it will almost assuredly give the GOP a massive lead on voting day. It may even give POTUS a second term
with a GOP Congress. And that would be the end of democracy. So what can be done? I think the House & all its committees should initiate the formal inquiry & do so diligently and ever so slowly. Gather as much evidence as possible. Compel every witness who has thus far refused
to comply with Congressional subpoenas. If they refuse an impeachment subpoena, the House has full & complete authority to hold delinquent parties in contempt & jail/fine them. No court, no judge, no president can pardon this. That's the full power of the House impeachment
apparatus. So compel every one of the witnesses to testify in committees. Let the investigations bleed into 2020 & well into the heated presidential election season. Let America see the information Mueller gathered & the evidence that creates the real picture of what their
POTUS is & is currently doing. But do not bring a floor vote. Focus heavily on drastically reducing GOP representation in both Houses on Congress in the 2020 elections. And remember the Speaker's comments on putting Trump in prison. The only way he will go to prison is if he
is (1) impeached & removed from office by Congress and then criminally charged OR (2) if he loses the election & can be criminally charged. The first option is only possible after 2020, if he's reelected & Congress turns overwhelmingly blue. The second option is possible if he
loses in 2020. In either case, evidence the House gathers would be useful. But not if he's formally impeached before 2020 elections. Take away: We have to be patient & meticulous. We have to be focused & pointed in our goals. No to impeachment & yes to formal impeachment inquiry.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Oeishik M.G. C. JD
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!