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This is wrong.
@RBReich:
"The constitution gives a president the power to pardon... with one exception: 'in Cases of Impeachment.'
If Trump is impeached by the House, he can never be pardoned for these crimes."

Example of pseudo-textualism w/o context.
theguardian.com/commentisfree/…
For context, see @pwnallthethings on Blackstone here.
The exception means a president can’t use pardons to stop impeachment/removal.
But pardon can still be used to immunize crim liability.
H/t @ProfBrianKalt (expert on pardon power), @bartimaeusblue
@pwnallthethings @ProfBrianKalt @bartimaeusblue See William Duker on the Convention:
"A preliminary draft of the clause was...similar to the 1700 Act of Settlement; the power of pardoning vested in the Chief Executive but his pardon shall not be pleadable in bar of an impeachment.'
Citing Elliot p. 380
scholarship.law.wm.edu/cgi/viewconten…
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More from @jedshug see all

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Jed Shugerman
@jedshug
Just now, the House Judiciary voted for two articles of impeachment by 23-17 vote.
A historic moment.
And the history of the Constitution matters.
I’d like to elaborate on the report’s use of our history of the “faithful execution” clauses by @andrewkent33 Ethan Leib & me.
1/
2/
 Page 8:
“To the Framers, the concept of faithful execution was profoundly important. It prohibited the President from taking official acts in bad faith or with corrupt intent, as well as acts beyond what the law authorized.”

An original meaning of fiduciary duties of office.
3/ Page 20:
“[I]mpeachable abuse of power is rooted in the Constitution’s text...”faithfully execute” the law. At minimum, that duty requires Presidents “to exercise their power only when it is motivated in the public interest rather than in their private self-interest.”
Read 5 tweets
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Jed Shugerman
@jedshug
.@JonathanTurley's written testimony today opposing impeachment is odd and misleading.

It is 52 pages, single spaced. (Is he going to talk for over 90 minutes?)
He refers to his dog in the conclusion in an attempted joke.
But he also grossly misinterprets the Convention debates:
@JonathanTurley In this paragraph, Turley uses the word "rejected":

"In the end, the Framers would reject various prior standards including 'corruption,' 'obtaining office by improper means'...'perfidy,' 'peculation,' & 'oppression.'"

How did they reject these standards?
They did the opposite.
@JonathanTurley The Framers never "rejected" these words. They used them to explain what they meant by "high crimes and misdemeanors."
On July 20, 1787, Madison (a key framer of this final clause) offered this *explanation* of impeachment.

No one rejected these words in debate or by vote.
Read 7 tweets
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Jed Shugerman
@jedshug
One of the most incisive paragraphs written in the Trump era. By @Dahlialithwick.
Where are we going to be next Thanksgiving as a country?
Where are we going to be, literally? Marching on DC for peaceful transition?
What are you going to do in 2020?
Start planning now.
1/
@Dahlialithwick 2/ @Dahlialithwick's piece is here.
Trump's propaganda: the Deep State is rigging both the 2016 and 2020 elections against Trump.
Explains his focus on 2016 & "DNC server" in the Ukraine call.
And setting stage to say a 2020 loss would be illegtimate.
slate.com/news-and-polit…
@Dahlialithwick 3/ Lawyers & lay citizens need to plan for this legal scenario next Nov, which will make Florida 2000 look like a beach vacation:
Imagine a reverse 2016 map. Dem wins popular vote, wins 270+ electors, but by 1% or less in the decisive states.
GOP lawyers challenge and delay...
Read 6 tweets

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Peter Daou
@peterdaou
THREAD: STRATEGIC ERROR

On Sep. 25, if Democrats had quickly drafted articles of #impeachment and held a vote, Trump would have been impeached, a majority would have supported it, and we may have gotten a few GOP defections.

Instead, we've given Repubs time to close ranks...
I know I'm swimming against the tide calling for an #impeachment vote NOW, but I truly believe the #ImpeachmentHearings have slowed the momentum enough for the GOP to create a united defense of Trump.

And I said it at the time:

There is a binary outcome here, despite the excited coverage of the #ImpeachmentHearings: Either Trump is impeached in the House or he isn't. We don't need an iota more evidence to #ImpeachNOW.

He should have been impeached in January. Every extra day is just stalling.
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CSM
@usacsmret
Next Impeachment Star Witness: Sgt. Schultz newswithviews.com/next-impeachme…
Corrupt Adam Schiff’s Schitt Show should have ended on Friday, November 15, 2019. Based on sworn testimony by a handful of ‘key material witnesses’ – minus the alleged whistleblower who never was a whistleblower but rather a purveyor of 2nd and 3rd hand hearsay – it’s over folks.
A non-whistleblower who will not testify which should tell even the most rabid Trump haters something is very wrong here. breitbart.com/politics/2019/…
Read 22 tweets
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Julie Laumann🆘
@Otpor17
A clear, unmistakeable shift in public opinion in favor of the #impeachment inquiry, including today's Politico/Morning Consult poll showing half of voters support impeaching *and removing* Trump politi.co/30YUwJh
#FoxNews poll: Should #Trump be impeached and removed from office?

51% Yes
40% No
#impeach #impeachment
foxnews.com/politics/fox-n…
Increase in support for #Trump's #impeachment and removal among Trump’s core constituencies:
White evangelical Christians: +5
White men without a college degree: +8
Rural whites: +10
#impeach #FoxNews
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𝗔𝗺𝗯𝗲𝗿🌊
@AnIllicitWriter
𝗧𝗵𝗿𝗲𝗮𝗱 | 𝗧𝗵𝗲🍑𝗜𝗺𝗽𝗲𝗮𝗰𝗵𝗺𝗲𝗻𝘁 𝗼𝗳 𝗗𝗼𝗻𝗮𝗹𝗱 𝗝. 𝗧𝗿𝘂𝗺𝗽
Nancy Pelosi Announces Formal Impeachment Inquiry of Trump

🔗nyti.ms/2kORLLE #Trump #ImpeachTrumpNow #Resist #ImpeachTrump
Here’s a timeline of Trump’s Ukraine scandal. It’s damning.

🔗washingtonpost.com/opinions/2019/… #Trump #ImpeachTrumpNow #Resist #ImpeachTrump
Read 352 tweets
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Patrick Simpson
@patrickLSimpson
IMPEACHMENT - A Brilliant and long article medium.com/@j363j/indictm…
1. Obstruction of Justice

Ordered McGahn to deny Trump’s attempt to fire Mueller
Asked Comey to “see your way to letting this go” for Flynn
Comey firing
Attempted Mueller firing
Attempted to influence Manafort jury

Thanks to @j363j for being awesome

#Impeachment
Trump lawyers' obstruction
Attempted to disable Special Counsel investigation
Tried to have investigation focus on future elections
Tried to have Sessions take over investigation
Failure to produce Russian sanctions report

#Impeachment
Read 25 tweets
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Renato Mariotti
@renato_mariotti
THREAD: What does today's report that Trump's lawyers discussed pardoning Manafort and Flynn mean for Mueller's investigation?
1/ The @nytimes just reported that Trump's former lawyer John Dowd approached lawyers for Manafort and Flynn and suggested that Trump would pardon them. nytimes.com/2018/03/28/us/…
2/ Suggesting to Manafort and Flynn that they would get a pardon could be a way to discourage them from cooperating against Trump. A pardon would greatly reduce their incentive to cooperate.
Read 13 tweets

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